
    Weir against Johnston.
    If arbitrators do not meet on’ the day appointed-, their proceeding- afterwards is irregular : unless the defendant appear, or consent to their .proceeding.
    In Error.
    
      ERROR to. the Common Pleas of Indiana county.
    Case by Johnston against Weir. Arbitrators -were ap«' pointed to meet on the 18th June. They met on the 25th June, and adjourned to the 11th July:- on which day an award was made for the plaintiff, on hearing one of the parties only, for 241 dollars 89 cent's. " .
    
      Reed, for the plaintiff in error.
    Kelly, contra.
   Per Curiam.

This was an ex parte proceeding, and it appears on the record, that the referees did not meet on the 18th June, the day appointed for the first meeting, but- on the 25th- June. Nor does it appear, that the defendant ever appeared or consented to the proceedings. If he had, the irregularity would have been cured. As it is, the arbitrators appear to have acted without authority, having failed'to meet on the appointed day. The judgment must therefore be reversed.

Judgment reversed.  