“ Replication that there was no such reference; that Henry did not make any award or decision; and that the said defendant did not pay to the plaintiff the sum of $1500, or any sum of money, for or on account of any award or determination; concluding to the country. ”

“ The twenty third rule of this court declares that 'in all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued out merely for delay, damages shall be awarded at the rate of ten per centum per annum on the amount of the judgment; and the said damages shall be calculated from the date of the judgment in the court below until the money is paid.' With this rule in force Prentice sold to Pickersgill a lot of ground having a mortgage of $5000 on it ”