
    Woglam and another against Burnes and Adams.
    
      Thursday, September 13th.
    Part of a report of referees may be confirmed, and the residue set aside. But the court cannot strike out a part
    
      f | "'HE matters in variance in this cause between the parties •*- were referred under a rule of court; and at the last term the referees reported that there was due from Burnes to the plaintiffs 11/. and from Burnes and Adams to the plaintiffs 311. Ss. Yd.
    
    
      Ross for the plaintiffs
    moved to set the report aside, as from the face of it the referees had decided matters not submitted to them, finding a sum due to the plaintiffs from one of the defendants.
    
      Frazer for the defendants
    replied that the part of the award objected to was surplusage; that there was a perfect finding between the parties in this suit, and that the court might strike out the objectionable part.
   Shippen C. J.

The court cannot strike out part of an award, but they can confirm a part and set aside the residue, which in this case will have the same effect. That part of the report which relates to Burnes alone must therefore be set aside, and judgment be entered for the joint debt.

Judgment accordingly.  