Pryor, J.
The offer to refer claim may be by paroi. Lanning v. Swarts, 9 How. Pr. 434. Proof of refusal to refer is substantially uncontradicted, and this entitles plaintiff to'costs as a matter of right. Rooney v. Lenmon, 3 Law Bull. 101; Snyder v. Snyder, 26 Hun, 324. Accordingly, certificate of right to costs and an additional allowance of $100.