
    Seamans and others, against Pharo and others. 
    
    AT the April Circuit, 1817, in Monmouth, an agreement to refer this cause, was entered into between the parties, A rule of reference was made at the succeeding term. And now it was alleged, that no further proceedings had been had, because one or more of the referees had refused to serve ; and on that ground, it was moved discharge the rule of reference, that the plaintiff might proceed. But
    
      Motion to ^jfof refer-
    
      
       Cited in Freeborn vs. Denman, 3 Hal. 119. Ferris vs. Munn, 2 Zab. 161. And see McClure vs. Gulick, 2 Har. 340.
      
    
   By the Court.

We cannot discharge a rule of reference, upon the suggestion of one of the parties, without due notice to the other party, and without the refusal of the referees to act, being substantiated by affidavits, regularly taken.

Rule refused.  