2. A rule of reference under the
arbitration act, of all matters in
variance between the parties in
the cause, does not vitiate the
proceedings; the referees can
act only in matters connected
with the cause.
ib.
3. Where a rule of arbitration is
entered by the plaintiff in a suit
against two defendants, he can-
not proceed against one defend-
ant only and obtain judgment
against him where he has not
given notice to the other defend-
ant of the rule for appointing ar-
bitrators. Berentz v. Bishop. 179
4. If the appellant on an appeal

from the award of arbitrators pay
all the costs then taxed by the
prothonotary, the appeal is valid,
though some of the costs have
been omitted. Fraley v. Nelson
234
5. The remedy for the costs omit-
ted, is, by order of the Court for
their payment, and attachment
on non-compliance with such or-
der.
6. On an appeal by the plaintiff
from an award of arbitrators, it is
not necessary that he should join
in the recognisance. Boyce v.
Wilkins.
329

ib.

ASSIGNMENT.

Where an assignment was made
"in trust to pay the debts due
the following persons, viz." and
then followed the names and
debts, and a debt due one credi-
tor was put down "about 11,000
dollars," which was in fact up-
wards of 13,000 dollars, held,
that the trust included the latter
sum. Browne v. Weir. 401

ASSUMPSIT.

1. A. requested B. to guarantee a
note in his place, and warranted
the payment. Just before the
note became due he cautioned B.
to see the note paid or protested,
and declared, that if renewed he
would have nothing to do with it.
B. notwithstanding renewed the
note for a part, with an addition-
al indorser, part having been
paid by the drawer. A. after-
wards being told what was done,
said to the holder, "never mind,
I will pay it ;" and speaking of
the additional indorser said, "he
is as good as the bank, and I will
warrant the payment." This
note not being paid, it was pro-
tested, and paid by B. Held,
that in a suit by B. against A.,
there was no error in the Judge's
leaving it to the jury, that in
case they thought the plaintiff's
proceedings had been ratified, he
might recover in an indebitatus
assumpsit for money paid to the
use of A. Hassinger v. Solms.

it was their intent and meaning,
and the deed of conveyance was
on this condition and mutual
agreement between the parties,
that B. should indemnify A. from
all costs and charges by reason
of the non-payment of the quit
rent due or to become due, and
would also build a dwelling
house on the lot and suffer A.
and his wife to reside there du-
ring their joint lives, and until
it should be built they were to
reside in the old tenement then
on the lot. After this, followed
covenants for mutual perform-
ance. B. paid the quit rents, but
did not build the dwelling house.
A. and his wife resided in the te-
nement during their lives and
A. some time before his death
conveyed the estate to another.
Held, that the estate was upon
condition of building, which B.
forfeited by not performing
within a convenient time, where-
by the estate vested in B. with-
out the necessity of re-entry to
take advantage of the condition
as he was in possession; and
without notice of the non-per-
formance of the condition. Ha-
milton v. Elliott.

CONFIRMATION.

375

Where the charter of a church au-
thorised the making of by-laws
requisite for the good govern-
ment of the church, and directed
that the elections of ministers,
&c., should be conducted agree-
ably to certain rules, one of
which was, 66
that no person was
to have a vote except those who
had been regularly admitted and
should have been members of
the church twelve months pre-
ceding the election," held, that a
by-law, enacting, that no mem-
ber of the church whose pew
rent was in arrears for a longer
time than two years, should be
entitled to vote for officers, was
valid. Commonwealth v. Cain. 510

COSTS.

See FEES. ARBITRATION, 4, 5. 7.
WITNESS, 4.

COURT.