
    Girard against Hutchinson.
    The Court has no power, under the act of 20th March 1810, to appoint an arbitrator in the • room of one who has died pending the arbitration.
    Nor has it power to .strike off a rule of arbitration against the consent of one of the parties.
    THIS cause having been submitted to arbitration under the act of assembly of 20th March, 1810, one of the arbitrators died, and now Binney and Ingersoll, on the part of the plaintiff, moved for the appointment of another arbitrator in his room; but
    The Court were of opinion, that they had no power to appoint an arbitrator, and therefore rejected the motion.
    The plaintiff’s counsel then moved the Court for permission to strike off the rule of arbitration, which Levy for the defendant objected to. ’ '
   The Court

rejected this motion also* being of opinion, that they had no power to order the rule of arbitration to be stricken off against thé consent of the defendant.  