
    John F. Monosiet, Plaintiff in Error, versus Henry Post, Jun., and Another.
    A submission, under statute of 1786, c. 21, must be to three referees.
    Error to reverse a judgment of the Court of Common Pleas for this county, rendered upon the report of referees appointed by a rule entered into before a justice of the peace, pursuant to the provisions of the statute of 1786, c. 21.
    The error relied on was, that the submission was made to two referees only, “ with such person as they may agree to associate with them in said determination, in case the above-named referees cannot agree/’ &c.
    
      Wheaton for plaintiff in error.
    
      Tillinghast for defendant in error.
   Per Curiam.

This error is fatal. The statute must be strictly pursued. When parties leave the common law for these peculiar remedies, they cannot expect the Court to show them particular favor

Judgment reversed.  