Star. — London, England, 1808-11-05 00:00:00

,4IUTICAL INTELLIGENCE. GOTTENBURGH, OCTOBER 20. on t h e e6th instant a fleet arrived here froth the Balt i c . Several of them have been aground : three of t h e fleet are burnt by the Danes—one of them a pss i a n vessel. A vessel has run on shore at Elfs bie, by the terrible storm we have had. FALMOUTH, NOVEMBER 2. p a ssed by the fleet for the Mediterranean. Several ,awls have s ailed from hence to join it.—Wind E. PORTSMOUTH, NOVEMBER 4. Arrived his Majesty's ships LINNET and REDPOLE, to a cruize.—His Majesty's ship la GLOIRE is al% fisted convoy for the West Indies.—Wind E. DEAL, NOVEMBER 4. ' Th i s mor ning, about three o'clock his Majesty's on .b r ig AsciiEn, Lieutenant PRICE, Commander, , fie with two anchors a-head, and, between four and D y e , came on shore near the North End of the town c o ra l ; they have taken out her guns and stores which are brought into the King's Stores here, and u pon the flowing of the tide, she beat up close to bigh water mark, where she now remains with very little d ama ge, having lost her fore - top - mast and seve raj s h e ets of copper off her bottom. HARWICH, NOVEMBER 4. A r rived this day the Lord Duncan packet, Capt. lion.roN, from Heligoland ; the Earl of Leicester, Capt HAMMOND, tiom Gottenburgh, with mails and passengers. —Remain a large fleet of colliers, &c. vi ,d.b ou nd.—Wind E. SHEERNESS, NOVEMBER 3. The CENTINEL gun-brig is appointed to sail with the Baltic convoy, and will sail as soon after the sth as wind and and weather will pormit. —The Two F r i e nds, American ship, Captain WILLIAMS, of and iron Mauhaphia, in going to Chatham, got on s hore, and has received so much damage that she must be unloaded. She is gone to London for the purpose of having her cargo taken out and deposited in the Dock warehouses, and then to be repaired.— The Essex, of London, J. CASE master, from Rye, with a cargo of timber, has met with injury in the late gale, and has been obliged to take shelter here to get repaired. The Castor, Hox, for Lisbon, from Sweden, has also been injured in the gale, but is now repaired, and proceeded on her voyage. The Mary, of London, Captain CItESSEL, with a valuable cargo, from Malta, got on shore on Grain Spit a few nights no, in her way to quarantine, but by the assistance of a smack she was got off, and is now gone to London to unload. ADMIRALTY COURT, DOCTORS' COMMONS. FRIDAY, NOVEMBER 4. This day the Right Hon. Sir W. SCOTT proceeded to the adjudication of the following Cases : Dageraad, Janssen master.—This Hamburgh vessel, in ballast, front a port in Norway to Archangel, was captured by his Ma jesty's frigate la Loire, Alex. Wilmot, Esq. It appeared in this case, that the vessel was to take in a cargo at Archangel, and was so sail therewith for the port of London, under his Majesty's licence obtained for that purpose ; which, it was contended on the part of the owners, protected the ship in question.—The Court was of opinion, that there was not sufficient evidence of the farts and circumstances attending this transaction, and therefore directed further proof to be produced within two mont hs. luffrouw Johanna, Janssen rwaster.—This vesstl, under Prus sian colours, on a voyage from Embtlen to Harnhurgh, was cap tured in the Watt Channel, off Newark, on the 221 of September last, by his Majesty's gun-brig Safeguard, Lieut. W. Field, corn tuaaier.--Ship and goods on board condemned. Extract of a letter from Gottenburgh, dated the 14th of October :—There are no less than 34 gun trigs, frigates, and other ships stationed off Malmne, to protect the daily passing fleets through the Sound, co their passage to and from the Baltic ; so that our toast is free from any danger of the enemy's ships. A letter from Rio de Janeiro of the 6th August eltes, that Sir SIDNEY SMITH had dispatched the BUFORD man of war to Monte Video, with a faithful statement of the whole of the transactions in Spain, up to the latest dates received by him frDm England. A messenger went in the BEDFORD, charged with dis patches from Sir SIDNEY and the Portuguese Govern ment at Rio Janeiro, the substance of which is sup posed to relate to the opening a commercial and Madly intercourse with the South Americans. Ertract of a letter from Captain ROBERTS, of the ship Tom, of Liverpool, to his Owners, dated Octo berlo:-1, I beg to inform you the ship Tom, under my command, is still lying at Long Hope. We sailed en Thursday last, and was out all that night ; on Friday morning it blew hard from the S. E. The Snake sloop of war, made the signal to bear up and rendezvous at Lon g H4e again, where we anchored at three o'clock that evening ; on Saturday the wind from the Eastward, and Sunday morning at S. W. The Commodore made the signal for all masters to repair on board, when he informed us a Danish pri vateer, a smack of 2 guns and 40 men, had on Fri day morning cut out of Widswell Roads, the ship aaliOrt) of Liverpool, and a sloop ; after a consulta tion the Commodore thought it prudent to endeavour to recapture the above vessels, and at eight o'clock : , h morning he got under weigh, the wind at S.W. promising that it he did not fall in with them by gonday evening, to return. We have had dreadful weather, with strong gales of wind, but thank GOD 'are all well. Ships lying here arc the Sam, HODGE, afehester ; Bee, STONEDOUSE ; five Swedes, and two English brigs." The Earl of BERKELEY had lately the following 'err perilous adventure : Walking in the deer park son. a child, his Lordship was attacked by an American deer, whose horns he immediately seized *lib both arms, and kept fast hold thereof when thrown down and trampled on by the furious animal. In this 1 1 situation, h e d es i re d the child not to be afraid, but to take from his (the father's pocket) a large knife, and therewith to stab the deer, and to cut his throat if pos -3,i!)le. Th e son, worthy of such an intrepid sire, obeyed his father's orders; but had not strength enough to serer the wi n d- p i pe, and completely cut the deer's th roat. He did, however, by frequent stabs, occasion Tecreatu re m lose m uc h bl oo d, an d to run away. ! m.d BERKF I EY was quite exhausted ; but, we are , ii - Py to add, 11 . 45 recovered from the injury received. CIISLMSPORD, OC7D3EII 29. The following Lines were found written upon the Wall of an Officer's Barrack it oom : ON MY QUARTERS BEING CHANGED, FROM COMBE, SOMERSETSHIBE, TO CHELMSFORD. Down, down yon fields, alone, I stray, When volley'd lightnings wing their way, Athwart night's cheerless gloom: In many a musing fit I'm lost, On seas of melancholy toted— Now I'm away from Combs ! TuEßE—there would lovely woman's smile My winter's ev'aing oft beguile, And ehace the falling tear! Taste Learning, from her throne of light, Would join the sports of chaste delight, And charm the list'ning ear! But, eh! how chang'd, for scenes like TiltSL! Hxxv—cold contempt the stranger sees; No kindness titer he knows: Ah! no, no, no!—the stranger uses Has nought to charm his aching ear; For here no kindness flows ! SPORTING INTELLIGENCE. THIRD OCTOBER, OR HOUGHTON MEETING, 1110 B: FRIDAY, NOVEMBER 4. Mr. Denham's ch. galloway Eliza, 6st. 71b. beat Mr. George's b. galluway Kitty, 7st. B. C. iOgg. h. ft. Ld. Sackville's Deceiver, Bst. 4 Ilb. beat Mr. Wyndham 's Elec tion, Bst. 91b. Ab. M. 200 gs. h. ft.---2 to 1 apt. Deceiver. Mr. Wyndham's Scorpion, Bst. 21b. beat Ld. Kinnaird's Achilles, Bst. 81b. Two-yr. old Course, 200 gs. h. ft.-2 to lon Scorpion. Mr. Batson's Hedley beat Sir C. Turner's Mr. Gundy, Bst. 51b. each. First half of Ab. M. 109g5.-7 to 4 agst. Hedley. Mr. Vansit tart's Burlt igh, 7st. 71b. beat Ld. Kinnaird's Achilles, Bst. 71b. Two-yr. old Course, 2.00g5. I. fr.—Even. Sweepstakes of 25gs. each, for 3-yr. olds. Two-yr. old Course. Mr. Wilson's Miss Sophia, 7st. 71b. Mr. Sir C. Bunbury . * Agnes, B‘t. 71b. - 2 Ld. Foley'm Cecilia, Bst. 51b. sto 4 agst, Miss Sophia-3 to 1 art. Agnes. A Subscription Handicap Plate of £5O for 3-yr. olds and upwards. D. I. - . . Subscribers paying 2gs. and Non-subscribers sgs. Entrance. Mr. Howorties . Lauretta, 4-yr. old, 7s t. 10Ib. - 1 Gen. Gower's b. h. Pembroke, 5-yr. old, 7st. 91b. 2 Sir C. Bunbury'b b. f. Agnes, by Sorcerer, 3-yr.old, 7st. 21b. 3 Mr. Golding's b. m. Merrymaid, 5-yr. old, 7st. 111 b. 4 Stawell's b. f. Brighton Last. 3-yr. old, 7st. Sib. 5 5 to 2 agt. Lauretta-5 to 2 agst. Merrymaid. A Subscription Handicap Plate of £5O, foi 3-yr. olds and upwards. D. I. Subscribers paying 2gs. and Non-subscribers sgs. Entrance. . Ld. Jersey's b. h. Langton, 6-yr old, Bst. 121 b. 1 Mr. Wilson's b. c. by Hambletonian out of Tottorella, 3-yr. old, Gst. 31b. 2 Ld. Sackvillc's ch. h. Prospero, aged, 9st. 3 D. of Rutland's b. c. Rambler, 4-yr. old, 7st. I Ilb. 4 6 to 1 agst. Langton-7 to 1 agst. Mr. Wilson's b. c.-5 to 2 agst. Prospero-6 to I agst. Rambler. Mr. Payne's Bulrush, Bst. tib. rec. ft. from Gen. Grosvenor's Briseis, flat. 31b. D. I. 200 gs. 50gs. ft. Mr. Shakespeare's Discount, rec. 60gs. from Sir C. Turner's Peter Plimley, Bst. 71b. each. Ab. M. 200 gs. h. ft. Mr. Shakespearu's Selim, Bst. I 21b. agst. Mr. Fermor's Cerbe rus, Bst. B. C. 200 gs. h. ft. Off by consent. lA. Jersey's Whistler, Est. 51b. agst. Gen. Grosvenor's Rifle man, Bst. Two-yr. old C. 50gs. Off by consent. CLERICAL AND ACADEMICAL INTELLI GENCE. The Rev. Thomas French, D. D. is appointed Chaplain to the Garrison of Sheerness, in the room of the kcv. Mr. Hue. The Right Hon. the Earl of Moray has been pleased to present Mr. David Baxter, preacher of the gospel, to the church and pa rish of Birnie, in the presbytery. of Elgin, vacant by the death of the late Rev. Mr. Joseph Anderson. CAMBRIDGE, OCTOBER 31.—This day Robert Walpole, B. A. of Trinity College, was admitted to the degree of, Master of Arts; at the same time Charles Devon and John Connop, of St. John's College ; and Philip Douglas, of Bene't College, were admitted to the degree of B. A. _ . .. . . A Grace was proposed to the Senate, and carried in the affir mative, that the vicarage of Burwell, in this county (one of the University livings,) be augmented to 1001. per annum above its present income. This living was very lately given to the Rev. Mr. Baines, M. A. of Christ's College. The Lord Chancellor has been pleased to institute the Rev. John Bouverle, M. A. of St. John's College, in this University, to the Rectory of 'l'ydd St. Mary's, in Lincolnshire, void by his ac cPptance of the Rectory of Woolheding, in the county of Sussex, on the presentation of Lord R. Spencer. OXFORD, NOVEMBER s.—On Monday last the under named Gentlemen were admitted to the following degrees: Batchelor in Civil Law.—Rev. Thomas Henry Ashhurst, of All Souls college, student in law; Rev. William Cokayne Frith, of St. John's college, ditto. Bachelors of Arts.—Mr. Charles Wayland, of Wadham col lege; Mr. Thomas Newport, of Worcester college. On Thnrsday, Masters of Arts.—Mr. Philip Lake Godsal, of Oriel college, B. A. Rev. Edmund Paley, of Queen's college, B. A. Mr. William St. Clare, of Christ-church, B. A. Rev. Thomas Davies, Rev. William Ashmead Pruen, and the Rev. John Peglar, of Worcester college, B.A. Rev. Proctor Robin son, of Lincoln college, B.A. Bachelors of Arts —Mr. John Calley, of Corpus Christi col lege ; Mr. Charles Monro, of Christ-church. On Thursday last Wyndham Knatehbull, B. A. and Hon. He neage Legge, of Christ-church, were elected fellows of All Soul's college. 'The Rev. Robert Wright, B. A. is instituted by the Bishop of Oxford, to the vicarage of Steeple Barton, in this county, on the presentation of William and Mary Mister. The Lord Bishop of Oxford will hold an ordination at Christ Church, on Sunday the 18th of December next. A great seizure of French plate-glass, to the amount of several thousand pounds, was yesterday made in a barge on the River Thames. The boxes were covered over with coals. A singular circumstance occurred at the sale of the furniture of the late Lady LYNCH, at Grove, in Kent, —An old trunk which was considered as lumber, and accordingly placed in the pigeon house, was purchased by a broker from the metropolis, and, on examination, was found to contain (according to his report)!a!parch ment deed, or instrument of material consequence to the parties claiming she inheritance of the estate. The broker has been applied to, to surrender it, but he al ledges his right to the same by purchase, and honestly withholds it, in the expectation, it is supposed, of some pecuniary gratuity for its relinquishment. The stake of 100 guineas was made good on Thurs day, for the battle between Dutch Sam and Medley. This match, which will excite as much interest as any that could be made, has been spoken of these two years Sam never yet lost a battle, amongst all the good men he has combated, and he is justly considered a prodigy I among fighting men. Medley is a tradesman in the Borough, of whom report speaks highly as a resolute scientific man. He is two stone heavier than Sam, and he is also a favourite. LAIV INTELLICINCE. eoURt OP CHANCERY; NOVEMPIER 4. EX-IPARTE IBUSSEMAKEgy &C t 24 MATTER OF VANDER itovat , r. Mr. MATIN for the petitioners, all of whom resided in Holland, stated that they were creditors to the bankrupt John Vander 4oven, in vai ions sums to a considerable amount. They tendered their claims before the Commissioners, but were refused to be allowed to prove, on the ground of their being alien enemies. They then applied to Lord Erskine, while Lord Chancellors producing evidence that the greater part, if not the whole of them, were creditors of the bankrupt for goods imported into this country under the sanction of licences granted by his Majesty; in consequence of which his Lordship ordered the claims of the petitioners to be allowed, and a sum of 9s. in the pound of the respective debts, being to the same amount as had been drawn by the other creditors of Vander Hoven, to be set aside for them, to abide the issue of their application. These debts amounted to a sum which produced £3636 stock, which was placed in the name of the assignees to answer the claims of the petitioners. Feeling themselves en titled to recover these debts, which they had allowed the bankrupt to contract under the faith of the e Royal Licence, but being at the same time, given to under stand that the consent of the Treasury would be ne cessary to insure them recovery of them, thej presented a memorial on the subject to the Chancellor of the Exchequer, to which a favourable return was under stood to have been made. The present application was, therefore, now made to his Lordship, for an or der on the assignees to pay over to the petitioners the sums applicable to their respective debts, now stand ing in the public funds in the names of the assignees. The Learned Counsel was aware, that the whole of the petitioners had not yet shewn that the debts due to them were for goods sold under his Majesty's Li cence ; but, he did not desire that the order should extend to any who did not prove this fact, and receive a certificate to that effect from the Treasury. That the assignees consented he should produce evidence in the hand of the Secretary. The application had been intimated to the assignees, and they did not appear. Mr. MITFOItD appeared, and consented on the part of the Treasury.—Order granted. EX-PARTE MEDLEY, IN MATTER OF BULLOCK. This was an application on the part of the assig nees under the Commission awarded against James Bullock, a bankrupt, to have a debt of 16001. proved under the Commission by Richard and Thomas Rey nolds, expunged, on the ground of fraud and collu sion between them and the bankrupt, and that, in fact, no such debt existed at the time of the bankruptcy. . Sir S. ROMILLY, for the assignees, stated, that in the year 1805, the bankrupt being in embarrassed cir cumstances, stopped payment, and entered into an agreement with his creditors to pay them in three dif ferent instalments He accordingly granted to the Messrs. Reynolds, with whom he had formerly been connected in business, three different bills of 5001. each, one of which had since been paid, and R. and T. Reynolds having paid away the other two, they had been claimed on under the Commission, by the person holding them. The claim of 16001., there fore, now made by R. and T. Reyrolds, was alto gether imaginary and fraudulent, every debt or claim due to them against the bankrupt, in which the bills which composed this 16001. were comprehended, having been included in the 15001. for which bills were granted by the bankrupt at the time of his tem porary failure. That this was the fact appeared by a letter from the Reynolds' themselves, in which they admitted that they only held these bills as security for any after dealings they might have with the bank rupt, and that such dealings did not amount to one half of the sum.. which they had claimed under the Commission.—No appearance was made for R. and T. Reynolds. The LORD CHANCELLOR ordered the claim to be expunged, and the. Reynolds' to Fay the costs-of the application, reserving to them to prove before the Commissioners any debt against the bankrupt which they might be able to substantiate. EX-PARTE CAMB, IN THE MATTER OF WOOD, A BANK- RUPT. Mr. Coox stated this was the petition of Climb, George Hall, and John Newport, creditors of the Bankrupt, praying that the commission might be set aside ; or that Mr. Walters, the present Assignee, might be removed; or if not removed, that he should be obliged to account for the amount of a quantity of goods which he had received from the Bankrupt, at an under value, after he had committed an act of Bankruptcy, and before the commission issued. Mr. Cook stated, that the. Assignee, Mr. Walters, who was the petitioning Creditor, had received a quantity of goods from the Bankrupt, a few days prior to his striking the docket against him, to the amount of 6701. for which he was to pay 20 per cent. less than the original invoice ; that he was also an agent for the Bankrupt with the Board of Ordnance, and after the commission of bankruptcy had been taken out, received a sum of money from that Board, which he had not accounted for. The Learned Counsel con tended, under these circumstances he could not con tinue as the Assignee, and ought to be made to ac count, even if the Court were of opinion that the commission ought not to be set aside, and that there was not collusion between Walters and the Bankrupt. Sir SAMUEL ROMILLY and Mr. HART, on the other side, stated, that there never had been any collusion between the bankrupt and Mr. Walters, and that he had accounted before the Commissioners, and the goods he had received from the bankrupt were sold for the benefit of the whole of the creditors. As to the circumstances with the Ordnance Board, he had also explained them to the Commissioners, to their full satisfaction, before sixty of the bankrupt's credi tors. There had been a regular agreement executed between him and the bankrupt, on his becoming his agent with the Ordnance Board. The bankrupt Lived at Sheffield, Walters in London - . He used to send the goods, intended for the Board, ti Walters, who advanced him money for them ; *hen they passed the Board, Walters received the money for them, de ducted five per cent. for his agency, and the balance,, if any, was paid tdthe bankrupt. There was a parti cular clause in this agreement, which kept that busi ness separate from any other, and the money alluded to by Mr. Cook, as received by Walters, bad been poll ht abut* to the bankrupt. 13uy the hitt w•A's, the petitioners were Sheffieldmen,"and wished to the affairs of the bankrupt into their twists, to the prejudice of Walters, whose debt, proved under the commission, amounted to 10,0001. one half more than the debts of all the other creditors. They contented there was no ground for the petition, and his Lord ship ought to dismiss it, as frivolous arid vexatious, with costs. Mr. Coot replied. He contended, if his Lordship would not dismiss Walters from being the assignee, he - ought at least to ablige him to account. The LORD CHANCELLOR was of opinion there was no foundation for the charges in the petition; ho therefore dismissed it with costs. COURT OP RING'S BENCH, NOVEMBER 4. WOLFE AND WORKMAN V. TOMLINSON AND TANNER. Mr. Serjeant SHEPHEftD stated, that this action was brought by the plaintiffs, who are residents in London. One of th e defendants, Mr. Tanner, was a ship-builder at Dartmouth. The plaintiff; transact ed business for him as agents ; he had a number of contracts with Government for building , hips, con sequently he required large advances from Mr. T. which he did not think convenient to comply with— however, the other defendant, Mr. Tomlinson, agreed to become his partner by advancing at different times money to the amount of £lO,OOO, for which he was to receive 51. per cent. interest, independent of a share tithe profits in his contracts with C.;overnivnt. Ac cordingly a deed was prepared, which wis signed about the beginning of January, 1804. The plaintiff continued to do the business as usual till some time in 1807, when Mr. Tanner became a bankrupt, at which time he was indebted to them £24,901. The contract of a partnership was proved by Mr. Riviugton, who was, with Mr. Workman, the other plaintiff, the subscribing witness. Mr. Croster, of the Navy Office, proved the differ. ent contracts for building eleven ships. Thomas Masheter proved that Bills of Exchange, drawn by Tanner, had been paid to the plaintiff during the copartnership, to the amount of 852,503. Mr. Lamb, an attorney, proved that Tanner had not much business prior to the copartnership, and that he was not at the time in good credit. Several witnesses were called, who did business fi r ship-builders in the country, at one and some times one and a half per cent.; the reason why they charged so much was, on account of the trouble they had iu obtaiii;ng Bills from the Navy Office. The A TTORNEY GENERAL, for the defendant, Mr. Tomlinson, contended, that no case was made out against his client, for the plaintiff had failed in prov ing they were entitled to the Commission of one per cent. as he could prove they had no trouble whatever in receiving the bills through the Navy Office, besides he could prove usury in the concoction of the whole transaction, inasmuch as they charged 3001. per ann. for advancing Tanner money. which seldom exceeded 2001. besides the interest. The plaintiffs had ori ginally borrowed from Mr: Tomlinson '2OOOl. for which they agreed to allow him 51. per cent. interest, and one-third of the 3001. on Tanner's business, pro videdhe did not call in that sum in less than six months notice. After this he borrowed 40001. more, and then introduced Mr. Tomlinson to Mr. Tanner; and it was by their advice he became a partner. On the former withdrawing himself he got judgment against the latter for about 18,0001. which was set aside by tic d4endants in the Court of King'sßench, tin he would produce their affidavits, where they had deliberately sworn, that the deed of partnership tie tween Tomlinson and Tanner, was merely, fur the purpose of cloaking usurious transactions, the terms of which were for the former to receive 5 per cent. interest for the sum of 10,0001. advanced, and 5 per cent. more on the amount of the Navy Bills paid to • the latter on account of his contracts with Govern. ment ; so that there could be no doubt that the plain. tiffs, who were accessary to this business originally, knew that it was founded on usurious principles, to which they had successively sworn ;'and must be well aware they could not recover in this action—indeed there could be no colour for it ; besides, the commis sion which they charged, but modestly denominated 4 , salary" was another proof of the usury. The affi davits made by Wolfe and Workman in the King's Bench, in the case of Tomlinson v. Tanner, were put in and read. Mr. Bimer proved that he transacted the business at the Navy Office for Tanner, to the amount of 18,8211. for which he charged a per cent. and handed over the bills to the plaintiffs. Mr. Cunningham, a Clerk in the Navy Office, proved that he paid in 1804-5 and 6, tq Mr. Tanner, and the former witness, 37,6831. and that the plain tiffs had been there but six times for bills on account of Tanner, amounting to 90001. Two letters from Wolfe and Workman were pro duced, which proved the inducement Tomlinson had to become the partner of Tanner, and the nature and extent of the original loan of 20001. Mr. Oliphant, one of the Jury, asked if the defen dants were to have nothing for the risk of advancing money? Lord ELLENsonovou—" Certainly not, and if that doctrine was held, there would be an end to the statute." After a long reply from Mr. Serjeant SHEPHERD, wherein he laboured to shew that the deed of copart nership was valid to all intents and purposes, and that the 3001. charged for salary was for active services performed, Lord ELLENBOROUGH said it was for the Jury to con sider whether the partnership was legal, for profit and loss) or for the purpose of covering a latent transac tion, which had usury in its concoction. It was clearly proved by the plaintiffs' affidavits•that the fact was known to them, and the partnership must necessarily become void, because it was not formed ter legal pur poses. The second , question to consider was, whether the terms held out to Tcmlin son, and the 3001. charged as commission, was not equally usurious ? for it ap. peared it was for the advance of money. It could not, , therefore, be as a commission, as it was proved they had no trouble or exertion that warranted the charge ; independent of that, their own letter of the 18th of January was conclusive as to the usury, as the onus laboris was merely being six times at the Navy ()thee. It was also proved, from the same letter, that Messrs. ' Moffat and Co. ofiered to do the business for one-half per cent. The Jury retired for near three hours, and returned with a verdict for the plaintiffs, damages Je2S,'.X.)O, • subject to a reference.