The ,referees have a reasonable discretion as to adjournments, and they ought to have given a day to the plaintiff to produce his witnesses, as he appears to have been taken by surprise, though the court Cannot take notice of a mere verbal agreement. The referees, in the exercise of their discretion, acted unreasonably in refusing the adjournment. The report must be set aside.
Rule granted.(a)
(a) See Grah. Prac. 2d ed. 573.