Opinion
Fall Sessions, 1832.
CERTIORARI to justice. Trial by referees, report and judgment thereon.
Exception. That it does not appear that the referees were duly sworn.
The record did not otherwise allude to the qualification of the referees than by the usual expression in the report "we the referees after having been duly qualified," c.
The proceedings must be reversed. It should appear from the record of the justice that he had sworn the referees, and should not be left to interference from their report. Sec. 6, Dig. 333.
Judgment reversed.