
    Wiswall vers. Hall.
    Referees cannot be admitted to testify that their Award that each Party should bear his own Costs, was made in Consideration of a Promise by one Party never to enforce a certain Judgment against the other.
    PLAINTIFF and Defendant had formerly submitted Matters in Controversy to certain Referees, who had reported thereon. This Action was brought by Wiswall vs. Hall to recover the Costs upon that former Suit, for though the Referees had reported that they should bear the Costs between them, yet Wiswall alledged that it was upon a Promise of Hall to bear the whole Costs. () To verify this he offered the Referees as Evidence.
    
      
      (2) This is inaccurately stated. The declaration alleges that the promise by the defendant, but for which “the referees would have awarded the plaintiff costs,” was, never to enforce a certain other judgment for costs previously recovered.
    
   But

the Court

ruled unanimously that they could not by parol Evidence controul the Report which was of Record. () 
      
      (3) Arbitrators cannot by parol testimony contradict their formal award in writing. 10 Met. 433. 4 Cush. 317, 399.
     