Page:United States Reports, Volume 1.djvu/525

xx  to fet afide reports of Referees: 1ft, Whether there in an evidence miftake in matter of ƒact; 2dly, Whether the Reference have clearly erred in matter of law.

The Court refufed the application of Referees for inftructions on a point of law.

Two actions between the fame parties on different promiffory notes being referred, the Referees made one report for one fum ; but, afterwards, filed a fupplementary report diftinguifhing what was due in each action: and, it was held, that the firft report could not be maintained; and that the fecond was irregular.

A rule of Reference to report to next term, does not authorife iffuing executions upon a report into oƒƒice during the vacation, although a term had intervened between the entry of the rule and the appointment of the Referees.

Where a report of Referees awards money to be paid on one fide, and certain other things to be done on the other, if the Court cannot enforce both, they will certainly enforce neither.

But though the Court may not be able to do this by execution, yet, if they can do it by attachment, the remedies are mutual, though not by the fame kind of procefs.

An attachment would ly for a contempt in not performing an award of Referees at common law, before the ftat. of 9 & 10 W. 3.

In all cafes, where matters are awarded to be done on both fides, the Court will exercife their equitable powers in fuch a manner, as not to fuffer either party to elude the performance of his part of the award.

If any part of an award he impoffible to be performed, the Court will refufe an attachment for that part.

It is too late to annul the rule for Reference, when the Referees have inveftigated the whole tranfaction, agreed upon their report, and were clear from any imputation of mifconduct.

Report of Referees fet afide, becaufe they declined to confider the moft material ground of the controverfy, upon a miftaken principle, leading to real injuftice to one of the parties.

The review of a road, though not taken notice of in the Act of Affembly, has always been granted, and is now become a matter of right.

There are no replevins in Pennʃylvania, either under the ftatue of Maribridge, or at Common Law ; but only under the Act of Affembly.

Replevins are made always returnable writs by the Act of Affembly, and the parties appearance required on the return.

The act directs Replevins to be determined in the Common Pleas.

Replevin lies in Pennʃylvania where-ever a man claims goods in the poffeffion of another.

Judicial writs de proprietate probanda cannot be iffued in Pennʃylvania.

The Sheriff, in an action of trefpafs brought againft him, cannot juftify under a writ of replevin, if he refufed the defendant in replevin a reafonable time to find fecurity, on a claim of property, before the goods in queftion were removed.

As the law given the remedy of a diftrefs to a landlord, it is incumbent upon the Sheriff to fee that the fecurity is good, before he returns the property on a replevin.

The value of he diftrefs at the time of the Replevin, and not the amount of the rent due, is the proper meafure of damages.

Goods diftrained ought to be valued before they are delivered in replevin.

The Sheriff is refponfible for the fufficiency of the fureties in a Replevin bond, at the end of the fuit, when the landlord has eftablifhed his right to the rent, for which the diftrefs was taken.

No evidence ought to be admitted to contradict the Sheriff's return of