§ 178. Application for appointment of referee. If such referee or\nreferees be not selected by agreement, then the trustees or the other\nparty to the controversy, provided no action at law is pending arising\nout of any such debts or demands, may serve a notice of their intention\nto apply to a judge of the court which appointed said trustees, or to\nany justice of the supreme court at chambers, residing in the same\ndistrict with said trustees, for the appointment of one or more\nreferees, specifying the time and place when such application will be\nmade, which notice shall be served at least ten days before the time so\ntherein specified.\n
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