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Entered according to Act of Congress, in the year eighteen hundred and sixty-three,

BY NATHAN HOWARD, JR.,

In the Clerk's Office of the District Court of the Southern District of New York.

Rec Nov 27.1863

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PRACTICE REPORTS.

SUPREME COURT.

LIVINGSTON agt. GIDNEY.

GIDNEY agt. LIVINGSTON.

The report of a referee made after sixty days from the time the action shall have been finally submitted to him, is not rendered absolutely null and void under § 273 of the Code, (as amended in 1862,) so that one party can proceed at once and notice the action for trial at the circuit, as though no reference had been ordered.

The amendment to this section was intended to expedite decisions in referred cases, and to enable either party to enforce promptness, but not to take away from parties and the courts the control of the practice in such suits.

A notice, any time after the expiring of the sixty days, that the party giving it takes advantage of the section and declines to be bound by any report that may be thereafter made, would render the subsequent making of a report irregular; and the report would be liable to be set aside, of course, on motion. But if the report be made, it cannot be said to be void, so as to require neither notice nor motion.

Where the parties at the hearing before the referee verbally agree to give him such time as he may need, such an agreement can be enforced.

An extra allowance of two per cent. on the amount claimed ($25,000) in a mortgage foreclosure suit allowed, it appearing that there was no sufficient excuse for the litigation on the part of the defendant.

Albany Special Term, March, 1863.

THESE cases were duly referred to the Hon. WILLIAM B. WRIGHT, as a referee, to hear and determine. After numerous adjournments and some delays the briefs were finally submitted late in November, 1862. The statement of the referee (verified by the affidavit of counsel) is that 'it was agreed by the parties, at the hearing before him, that he might decide the cases within such time as his official engagements would reasonably permit. The consulta

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