It is always safe to adhere to the plain words of a statute. To impute a speculative intent to the legislature in respect to cases that were probably not actually in their view, would lead to uncertainty, and in the end contrariety of decision. They have declared in positive terms that the plaintiff shall not refer without the defendant’s consent before the ensuing term ; and we see no reason to make the present case an exception.

Rule of reference and proceedings on it set aside.