JUDGMENT
“B. O. Alar v. Ohene Bampoe. Plaintiff not in “Court. Defendant appeared in person. Judgment “entered for plaintiff in accordance with referee's report “for £80 os. 6d., and costs to be taxed.
W. T. PORTER, Judge. Ground (I) of appeal has been taken first by consent, namely that the proceedings were irregular on the face of the record, and that there was no evidence before the court upon which to give judgment.
By O. xxxvii r .9, it is provided that the proceedings and report in writing of the referee shall be received in evidence in the case unless the court may have reason to be dissatisfied with them, etc.
By O. xxxv r.I2, every document put in evidence shall be marked by the officer of the court at the time, and shall be retained by the Court during the hearing, etc.
Our rules being different from the English practice on this point, namely, moving to vary by motion.
The appellant has raised the point that there is nothing on the record to show that the referee's report was eith…