
    ROSS against FORD.
    
      OS CEETIOEABI.
    A case is discontinued by the expiration of the justice’s commission.
    This cause was instituted before the justice, in September, 1807, and referred to three referees, who [f] [660] heard the parties, but they could not agree; and the justice, after recording the fact, says, here the business stopped. In the meanwhile, the justice’s commission expired,' and he was some time out of office, but afterwards re-appointed; when, in August, 1810, the parties met before the justice, and chose two new referees in addition to those formerly chosen. The five referees heard the cause, and made a report in favor of the plaintiff, $23.26, on which judgment was entered.
    It was now moved by Mr. Boggs, for the plaintiff in this court, who was the defendant below, to reverse this judgment, on the ground,
    1st. That the justice’s commission having run out, the court was at an end, and the cognizance of the court over the cause, was wholly destroyed.
    2d. That the cause could not be continued in this way, even if the justice’s commission had continued.
   By the Court.

The cause could not be revived in this way, it was discontinued. The joining in the appointment of referees was not a new institution of the suit, but an attempt to continue the old one. The proceeding cannot be supported.

Judgment reversed.  