The Judge, after expressing his own opinion on the construction of the award, left it to .the jury to determine what was the' intention of the referees. T his was error. The jury should have been told what was the legal import of the award, and upon that point nothing should have been left to them, because it was a pure unmixed matter of law. The judgment, therefore, must be reversed, and a venire facias de novo awarded.

Judgment reversed, and a venire facias de novo awarded.