
    Brower against Kingsley.
    Where the r,ule of reference in a cause, requires the-referees to report, within a particular time, the power of the referees is at an -end, if they do not re, port within the time limited.
    Where a cause was referred to three persons, and two of them met and made a report,, without "giving notice to the other to attend; the proceeding was held to be irregular, and the;report was.set aside.
    This cause was referred, by consent to referees, and' the rule was special, requiring them to hear the parties, and report within a specified time.
    
      The referees heard the parties, and, afterwards, two of them, subsequent to the time limited in the rule, and without notifying the third, convened, and made their report in favor of the defendant. Previous to making the report, the plaintiff also, by writing, revoked the authority of the referees.
    
      Pendleton, for the plaintiff,
    moved to set aside the report on the following grounds :
    *1. That the power of the referees was at an end [*335] by the limitation contained in the rule which was em tered by consent.
    2. ' That their conduct was irregular in not giving, notice to the other referee to deliberate and act in conjunction with them.
    3. That it was competent for the plaintiff to revoke the appointment of the referees, although he might thereby subject himself to a contempt for disobeying the .rule of this court. (3 Yin, Ab. 131.)
    
      Coleman, contra. .
   Per Curiam.

We are of opinion that the power of the referees expired with the time limited in the rule; and that the conduct of the two referees was irregular, in not meeting with the other, to deliberate together, or giving him notice and an opportunity so to do. His assistance might have changed their opinion, and produced a .different result.

Let the report be set aside for irregularity, with costs.

Rule granted. 
      
      
        а) Gra. Prac. 2d e3. 575 ; even where no time is limited, as is generally the case if the referees delay unreasonably, the court will compel them to report ; 2 R. S. 484, § 47 ; and for that purpose will grant a rule, requiring them to report or show cause why an attachment should not issue against them. Stafford v. Hesketh, 1 Wend. 71.
     
      
       All the referees, must meet together t,o do any act. Harris v. Norton, 7 Wend. 534. 2 R. S. 384, § 46. Gra. Prac. 2d ed. 572, 573, 574.
     