But, BY THE COURT: — The referees must first exercise their judgment upon the lights they have received; and the question, being afterwards brought regularly before us, we will determine, whether they have acted right, or not. It would not only be an inconvenient practice, but, in a great degree destructive of the principle and uses of a reference, if such applications were to be complied with; and, therefore, we think it is proper to avoid establishing a precedent...
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