Boston in New England John Overing, Esqr., and John Homans, Merchant,
both of Boston Aforesaid, who Submitting themselves to the
Jurisdiction of the High Court of Admiralty of England Obliged
themselves, their Heirs, Executors and Admin's to Thomas Lee, Merch't,
and John Tyler, Brazier, both of Boston Aforesaid, Owners of the
Brig't _Sarah_, Thos. Smith Mas'r, In the Sum of Three hundred Pounds
of Lawfull money of Great Brittain To This Effect, That is to say,
Whereas John Freebody of Newport in the Colony of Rhoad Island,
Merchant, Exhibited a Libel in the Court of Vice Admiralty for the
Province of the Massachusetts Bay in behalf of Himself and Benja.
Norton, Owners of a Privateer Sloop called the _Revenge_, And as Agent
for and in behalf of the Officers and Mariners of said Sloop, Against
the Aforesaid Brig't _Sarah_ for Salvage, etc. as per Libel on file
More fully sets forth, And whereas by decree of said Court of Vice
Admiralty Dated the Seventh day of Decem'r instant the said Libel was
dismist, And the said Freebody haveing Appealed from said decree or
Sentence to the Commissioners Appointed or to be Appointed Under the
Great Seal Of Great Brittain for Receiveing, hearing and determining
Appeals In causes of Prizes, now in Case the said John Freebody shall
not Prosecute the said Appeal to Effect within twelve months from the
Date hereof or in Case the Aforesaid decree Shall not be Revers'd By
the said Commissioners, then they do both hereby Severally Consent
That Execution shall Issue forth Against them, their Heirs, Executors,
Admin'rs, Goods and Chattels, wheresoever the same shall be found, to
the Value of the said Sum of Three hundred Pounds before mentioned, or
Treble such Costs as shall be Taxed in the said Court of Vice
Admiralty, But in Case the said decree be Reversed by the said
Commissioners Then this Bail shall be Void and of none Effect, and in
Testimony of The Truth thereof they have hereunto Subscribed their
names.
Att'r JOHN PAYNE, D. Reg'r. J. OVERING.
JNO. HOMANS.
Exam'd per JOHN PAYNE, D. Reg'r.
_153. Case (Freebody c. Sarah) and Opinions of Civilians. May 17, July
10, 1742._[1]
[Footnote 1: Massachusetts Historical Society.]
CASE.
The English Brigantine called the _Sarah_, Thomas Smith Master,
together with her Cargo, consisting of Rum, Sugar, Cotton and money on
Board, was in her Passage from Barbadoes taken and Seized by a Spanish
Privateer mounted with Sixteen Guns and Manned with upwards of Forty
Men, who took out of the said Brigantine all the Money, but Continued
all the rest of her Cargo on board of her, and the Spanish Privateer
ordered and Caused the Master and Four of the Brigantine's Men to be
put on Board the Privateer and put some of the Privateers Men on Board
the Brgt. and turned her Long Boat adrift and the Brigantine was
Ordered to keep Company with the Privateer and Steer for the Havannah.
About Twenty Leagues from the Havannah, near the Island of Cuba, an
English Privateer Sloop called the _Revenge_ (Benjamin Norton Commr.)
came up with the said Spanish Privateer in Company with the said
Brigantine, Engaged and took the Said Spanish Privateer and at the
same time retook the said English Brigantine and Cargo on board, and
Capt. Norton then took all the Spaniards out of the said Spanish
privatr. and English Brigantine and put them on board his own
Privateer, and Ordered Thomas Smith, the Master, and Crew of the said
English Brigantine from on Board the Spanish Privateer to be put on
Board the said Brigantine, and at the same time put on Board her
Jeremiah Harimen, One of his own Privateer's Crew, to keep Possession
of her until Salvage Shd. be paid for the Recapture, at the same time
with Orders to keep the Privateer Company and proceed to Rhode Island.
Soon after, either by the Contrivance of Thos. Smith, the Master of
the Brigantine, or by the Wind blowing fresh, the Brigantine was
Seperated or lost Sight of the Privateer.
The Brigantine met with a Spanish Ship Mounted with six Guns and
Navigated with about 25 Men, who boarded the Brigantine and Plundred
her and took out of her part of her Rigging, Sails, Cables and
Anchors, and part of her Lading, and the next day they quitted her,
but first took out of her the Mate, One hand and a Boy, and put them
on Board their Spanish Merchant Ship and carried them away.
Capt. Smith afterwards proceeded with the said Brigantine and in her
Passage coming near Block Island was desired by Jeremiah Harimen (who
was put on board to keep Possession of her as a fore said) to go into
Rhode Island but refused the same and proceeded to Boston, where upon
her arrival the said Jeremiah Harimen was put out of possession of
her, and Thos. Smith, the Master, Caused her Cargo to be unloaded and
delivered and afterwards to be refitted, without the Least offering to
pay any Salvage, under pretence that the Master of the Spanish Mercht.
Ship after plundering the Brigantine gave the same to the said Thos.
Smith the Master.
Thereupon the Commr. and Owners of the English Privateer caused the
said Ship to be arrested in the Vice Admiralty Court of Boston to
Answer the said Salvage.
Pleas were given and Admitted and Several Witnesses Exd. on both
sides, and the Judge of Vice Admiralty dismissed the Cause without
giving any Salvage whatsoever, from which Decree it is Appealed on the
behalf of the Comr. and Owners of the said English Privateer.
_Observe._ By the Depo[sitio]ns of the Witnesses there Appears to be
some Variation relating to the Seizure of the Brigantine by the
Spanish Mercht. Ship. Thos. Smith, Master of the Brigantine, and his
Mariners Swear that the Spanish Mercht. Man after seizing and
plundering her gave him the Ship.
Jeremiah Hariman, who was put on board by the English Privateer in
Order to keep Possesn. of her, differs from them in his depo[sitio]ns.
_Q._[2] Are not the Owners and Comr. of the English Privateer intitled
to a Moiety of the said Brigantine and her Lading for Salvage by
reason the Brigantine was in Possessn. of the Spanish Privateer above
96 hours before she was retaken, and whether they have not Just Cause
of Appeal.
[Footnote 2: For query, on which the London agents of Freebody and
Norton (see doc. no. 154), or an admiralty proctor acting for them,
sought the opinion of eminent civilians at Doctors' Commons--Dr.
Strahan, Dr. Paul, and Dr. Andrews--for all the practitioners in the
admiralty and ecclesiastical courts were doctors, of the civil law
(D.C.L., Oxford) or of the civil and canon law (LL.D., Cambridge).]
If Capt. Norton, the Commander of the English Privateer, after having
retaken the Brigantine from the Spanish Privateer, had kept possession
of her, and Carried her safe into a British port, he and his Owners
would have been entitled to Salvage, According to the Directions of
the Act of Parliament. But as the Brigantine was afterwards taken by
another Spanish Ship, before she got into Port, and not protected
against the Enemy by Capt. Norton, it seems to me very doubtful
whether he can Claim the Salvage According to the Act of Parliament,
For Salvage is understood to be a Reward to the Recaptor, who has not
only rescued the Ship and Cargo out of the hands of the Enemy, but has
also effectually Secured the same for the benefit of the Owners, till
the safe Arrival of the Ship in a British Port, Which not having been
done in the present Case, makes me doubt of Success in an Appeal from
the Sentence.
WILL. STRAHAN.[3]
DOCTRS COMMONS, May 17, 1742.
[Footnote 3: An eminent advocate, of Scottish origin, M.A. Edinburgh
1686, D.C.L. Oxford 1709, an advocate from 1710, advocate to the
admiralty 1741-1748. As to Doctors' Commons, see doc. no. 102, note
2.]
According to the Evidence given in this Case I am of Opinn. that the
Brigantine the _Sarah_, being taken the 17th of Septemr. 1741 by a
Spanish Privateer in a voyage from Barbados, and retaken on the 26th
of Septemr. 1741 by the Privateer the _Revenge_ from Rhode Island,
commanded by Capt. Norton, and convey'd to Boston, The Captain of the
Privateer the _Revenge_ will be well entitled to Salvage for the
Brigantine and her cargo, and the said vessel having been 96 Hours in
possession of the Spaniards, the _Revenge_ Privatr. will be well
entitled to a Moiety of the value of Ship and Cargo.
The said Brigantine being seiz'd on the 4th of October by a Spanish
Merchant Ship and plunder'd will not abate the _Revenge's_ Right to
Salvage. If the Spanish Merchant Ship did actually give the Brigantine
(on the 5th of October at the request of a Spanish Priest) to Mr.
Thomas Smith, that will not barr the Salvage because such Ship could
have no property in the Brigantine. I therefore think that there's
good Reason for an appeal if this Case be truly stated.
G. PAUL.[4]
DR. COMMONS, July 10th 1742
Copy
[Footnote 4: George Paul, fellow of Trinity Hall, Cambridge, a
foundation specially devoted to the civil law, LL.D. Cambridge 1704,
vicar-general to the archbishop of Canterbury 1714-1755, king's
advocate 1727-1755.]
The Right of Salvage acquir'd by the Recapture of the _Sarah_ Brigt.
was not, I conceive, extinguished by its being taken again by the
Spanish Merchant Ship, she not being carried _intra praesidia_,[5] but
only plundered and let go. The Pretence of a Gift thereof to Captn.
Smith can have no weight, for the Spanish Mercht. acquir'd no property
by the Capture and could transfer none to Smith, who has deliver'd the
Cargo to the Owners and Freighters, to which he would have had as much
right as to the Ship. As the pretended Gift could transfer no
property, it could extinguish no right which had been acquir'd by the
_Revenge_, Except as to such part of the Cargo as was taken away by
the Spaniard. But the Owners and Company of the _Revenge_ are
intitled to a Moiety of the full Value of the Ship and Cargo, as she
arriv'd at Boston, without any Deduction, and I am of Opinion that
there is just ground of Appeal from the Sentence given in the Court of
Admiralty there.
J. ANDREWS.[6]
Copy.
[Footnote 5: "Within the places of safety", such as ports or fleets.
"Movable goods carried _intra praesidia_ of the enemy become clearly
and fully his property, and consequently, if retaken, vest entirely in
the recaptors. The same is to be said of ships, carried into the
enemy's ports, and afterwards recaptured". Bynkershoek, _Quaestiones
Juris Publici_, lib. 1, ch. 5.]
[Footnote 6: For Andrew; John Andrew, fellow of Trinity Hall, LL.D.
Cambridge 1711, chancellor and judge of the consistory court of the
diocese of London 1739-1747. He must have had a profitable practice,
for he left L20,000 to Trinity Hall.]
_154. Letters to Owner from London Agents. June 10, July 17, 1742._[1]
[Footnote 1: Massachusetts Historical Society. Such were the
uncertainties of transatlantic correspondence that letters were often
sent in duplicate, as here, where a copy of the letter of June 10 is
enclosed in that of July 17. The London agents of Freebody were the
firm of Wilks, Bourryau, and Schaffer, merchants.]
LONDON June 10th 1742.
Mr. John Freebody. Copy per Capn. Jones.
_Sr._
We have receiv'd yor. favours of the 7th and 11th Decemr. inclosing
sundry Papers and proceedings, relating to a Tryal in the Court of
Admiralty at Boston between the Owners of the Privatr. _Revenge_ and
one Capn. Smith which we have delivered to Mr. Everard Sayer, an
eminent Proctor in the Commons,[2] who has perus'd them and taken the
opinion of Doctr. Strahan, one of the best Civilians we have, of which
we inclose you a Copy, which does not seem in yor. favour, but we
shall get anor. Doctor's Opinion on it and see what he says.[3] the
Store Bill you mention to have sent to Mrs. Harris[4] has never
reach'd her hands, which we have formerly advis'd you of, we shall do
all in our power to serve you in this Affair abot. the Appeal and hope
to receive yor. farthr. Commands, remaing. with due Respect--
[Footnote 2: _I.e._, in Doctors' Commons.]
[Footnote 3: See doc. no. 153.]
[Footnote 4: Daughter of Wilks; see note 5, _post_.]
LONDON 17 July 1742.
_Srs._
Since the above Copy of our Last have recd. yr Favors of the 22d
April. we are very Sorry to have occasion to inform you that our good
Friend and Partner Francis Wilks, Esqr., departed this Life the 5th
instant.[5] he had been in a very ill State of health for above two
years past and the whole business of the house has been transacted by
us for that time and we hope to the Satisfaction of all our Friends,
who we Flatter our Selves will Continue their Favors to us and we
Shall [be] ready to Serve you and promote yr. Interest to the best of
our Capacity and assure you with great fidelity. we have taken Doctr.
Paul's opinion ab't yr. Case which you have inclosed. it seems to be
quite the reverse of what Dr. Strahan gave and is intirely for you;
our Proctor has persuaded us to have yet another eminent Civilian's
opinion, which if in our Favor he thinks we ought to pursue the
appeal, of which shall acquaint you more hereafter. we have received
the Certificate for the Snow _St. John_, Samll. Waterhouse, which have
laid before the Navy board but have not as yet obtained a bill for the
payment of it. at this Warr time there is so much hurry at the Navy
office that we can not get any Satisfactory acct. relating to the head
Money of the Spanyards taken by yr. Privateer. we are concerned at yr.
Loss in the Man of Warr taking 15 of yr. Men.[6] it is an abominable
practice yet it is what they frequently have done and go on with.
there has been representations made abt. it at our Admiralty office
but no redress has been obtained, only a few good Words that they
would give orders to the Contrary. are pleased you got a litle ---- in
her Way home. hope you will have greater Success hereafter which Shall
be glad to hear. we Shall have a just regard to all yr Concerns under
our Managemt. as if your own, and remain with due respect
Sir,
Yr. Most oblgd. h. Sts.,
BOURRYAU[7] AND SCHAFFER.
Mrs. Harris desires to be
remembred to you. She is left
sole [heiress of?] Mr. Wilks.
[Footnote 5: "Francis Wilks, esq., a director in the South Sea
Company, died July 5." _Gentleman's Magazine_, XII. 387. He had been
agent in London for the Massachusetts House of Representatives since
1728, and for Connecticut since 1730. Hutchinson, _Mass. Bay_, II.
353, describes him as a "merchant in London who ... was universally
esteemed for his great probity as well as his humane obliging
disposition".]
[Footnote 6: Impressment of seamen.]
[Footnote 7: Zachariah Bourryau, merchant, of Southampton Row, London,
and Blighborough manor, Lincolnshire. He was of a French family
settled in St. Christopher, W.I. He died in 1752, leaving an estate of
about L40,000. _Caribbeana_, III. 251-252.]
_155. Decree of Vice-Admiralty Judge. July 7, 1742._[1]
[Footnote 1: Massachusetts Historical Society.]
Colony of Rhode Island, etc. }
Curia Admiralitatis }
James Allen, etc. proponents }
against the Schooner _St. Joseph_ }
_de las Animas_ for Gunns, Ammunition, }
One Slave and Cargo etc. }
Having maturely considered the Evidence in this Case as well as the
examination of Francisco Perdomo Capt. of the Spanish Privateer who
being duly notified of the Trial and here in Court and being asked
what he had to offer why sentence of Condemnation should not be passed
against the said Schooner, her Gunns, Ammunition, Rigging, Tackle,
Apparel and Furniture, etc. To which he Answered he had taken several
prizes and had had them condemned and his Vessel, etc., according to
the Laws of Nations and Rules of War was a good prize and therefore he
had nothing to gainsay the Condemnation.
I therefore adjudge and Decree the said Schooner and her Gunns,
Cables, Anchors, Rigging, Sails, Tackle, Apparel, with the Slave and
her Cargo, etc. mentioned in the Libel, to be Condemned as good and
lawful Prize to and for the Use of the Captors and Owners of the said
Sloop _Revenge_ to be divided according to the Articles made between
them.
I further Decree the Owners of the _Revenge_ and the Captors to pay
the lawful Charge of Condemnation and all incident Charges.
S. PEMBERTON, D. Judge.[2]
NEWPORT July 7th 1742.
The above is a true Copy taken from the original and Compared by me.
[Footnote 2: Samuel Pemberton, merchant of Boston, son of Rev.
Ebenezer Pemberton of the Old South Church, was deputy judge of the
admiralty court in Rhode Island for a brief period in 1741 and 1742.
In the archives of Rhode Island, in a volume lettered "Admiralty
Papers, 1726-1745", there is a libel of James Allen, captain of the
sloop _Revenge_, privateer, against the Spanish sloop _St. Joseph_,
captured Mar. 1, 1743, on the north side of Cuba. But that was another
incident; the _St. Joseph de las Animas_ was a schooner.]
_156. Letters to Owner from London Agents. July 27, August 13, 1742,
February 16, 1743._[1]
[Footnote 1: Massachusetts Historical Society. A continuation of the
correspondence in doc. no. 154.]
LONDON 27th July 1742.
Mr. John Freebody 1 p.c.
Copy per Ellis
_Sir_
Since the foregoing Copy of our last have not recd. any of your
favours. this serves to inclose you Dr. Andrews Opinion[2] relating to
your Capture of Smiths Brigt. which as it is of your side and agreable
to that of Dr. Paul we shall proceed in the Appeal and hope for
Success, but as their Lordships in Councill[3] will not sitt to hear
Appeals till February Next, you will have time En'o to give us your
farther Directions about it and you may depend on our Serving your
Interest as if our own. there is lately an Order come to the Navy
Office for making out bills for the hire of American transports, which
the Commrs. have promised to Comply with, so hope this will soon be
ended and we shall hearafter acquaint you with our farther
proceedings. we are with offers of Service--
[Footnote 2: See doc. no. 153.]
[Footnote 3: The commission to hear appeals generally included at this
time the whole Privy Council.]
LONDON 13 Augt 1742.
_Sir._
Confirming the foregoing Copy of our Last, are not Favd. with any of
yours. this Serves to inclose you Copy of yr Case abt. the Brigt.
_Sarah_ and the opinion of the 3 Doctors of the Civill Law. we have
given L50 Security in the Commons[4] to prosecute the affair in the
appeal before the King and Councill. we Shall in a few Days have a
Navy bill made out for the hire of the Certificate of the Snow _St.
John_ when Shall acquaint you with the neat proceeds. We are with due
respect
Sir
Yr. most hb. Servts.,
BOURRYAU AND SCHAFFER.
[Footnote 4: _I.e._, in the office of the registrar of the Lords
Commissioners of Appeal in Prize Causes, in Doctors' Commons.]
LONDON Febry 16th 1742/3.
Mr. John Freebody
Copy per Capt. Turner
_Sir_
We have recd. your favors of the 20th Octo. and 14th Decemr. with your
Power of Attorney, also copy of Condemnation and Certificate for
recovering the Kings bounty of L5 per head for the Spanish prisoners
taken by Capn. Norton on board the Spanish Scooner Privateer called
the _Joseph de las Animas_, which we have laid before the Navy Board,
but have not as yet been able to get any Satisfactory answer to this
nor the other for the _Divino Pastor_ and _Ynvincible_ Sloop which was
left with them some Months agone. these great Men in office
particularly in Warr time think themselves so much engaged in
Governmt. Affairs that they Postpone every thing else, just at their
own pleasure. We shall keep plying Constantly about 'em and hope to
Succeed one time or other. there is not as yet a day appointed for
hearing the Appeal about the Brigt. _Sarah_. We shall Vigorously
prosecute the affair and Acquaint you, in due time, with our Success.
we have Acquainted Dr. Paul and Andrews, with what you have further
mention'd about Smith the Master of the Brigt., Capt. Norton and
Compa. and Jeremiah Harriman, which hope may be of Service at the
hearing. its certain you have been very unjustly dealt by in the
proceedings of your Court of Admiralty, and are in great hopes you
will meet with redress here at home. inclosed we send you Sales of the
Freight Bill recd. on your Accot. for the hire of the _St. John_ Snow,
Capt. Waterhouse, Net proceeds being L120.18.6, have Carried to your
Credit. We heartily wish you further Success with Capt. Norton. Shure
he's a Gentn. of a fine Gallant behaviour and a just Scourge to these
Jack Spaniards and deserves publick rewards from all Merchts. and
traders that use the Seas. We are sorry to Acquaint you that Mrs.
Harris departed this Life in Octo. last after a Lingering Illness. we
have not to add but to assure you that we shall in all Concerns
observe your Interest as if our own, remaining with due respect
Sir
Yr. Most hb. Servts.
BOURRYAU AND SCHAFFER.
_157. Account rendered by a Proctor in London. February 10, 1744._[1]
[Footnote 1: Massachusetts Historical Society. It will be observed
that an appeal was an expensive process; that advocates' fees were
expressed in guineas, multiples of L1. 1s.; that the proctor felt that
he had to have a coach whenever he went to attend one of the sessions
of the court; and that "the law's delays" were abundantly exemplified.
The Lords Commissioners sat in the Council Chamber at the Cockpit in
Whitehall. Their procedure can be gathered from the printed briefs,
for appellant and respondent, which are preserved in a few American
libraries, often bearing manuscript annotations by the lawyers for
whom they were prepared. The Library of Congress has a collection of
such briefs, some 200 in number, 1751-1764, bound in four huge folio
volumes, and still ampler collections for the later wars of the
century, American and French. The library of Brown University has two
such volumes, embracing briefs in forty or fifty cases, 1780-1782.
Another collection, also bound in two volumes, formerly belonging to
Mr. Gordon L. Ford, but now to the New York Public Library, is
described by the late Paul L. Ford in the _Proceedings_ of the
Massachusetts Historical Society, XXV. 85-101, with full data
respecting the twenty-five American cases.]
John Freebody and Benja. Norton, Commander of the private Ship of War
Called the _Revenge_, the Owners of the said Ship, Ag[ains]t Thomas
Lee and John Tyler, Owners of the Ship Called the _Sarah_, whereof
Thomas Smith is Mas[te]r, the Goods therein Lately Retaken by the sd.
private Ship of War Called the _Revenge_,
In a Certain Cause of Appeal from the Vice Admiralty of the province
of Massachusets Bay.
_May 1742_
For proctors fee consulted L0. 5.
For perusing the whole proceedings 13. 4
For drawing a State of the Case for Counsel 16. 8
For a Copy thereof for Dr. Strahans Opinion 5.
For Dr. Strahans fee giving his Opinion in Writing 2. 2.
For Attending on him 6. 8
For a Copy of the Case for Dr. Pauls Opinion 5.
For his fee giving his Opinion in Writing 2. 2.
For Attending on him 6. 8
For a Copy of the Case for Dr. Andrews Opinion 5.
For his fee giving his Opinion in Writing 2. 2.
For Attending on him 6. 8
For Interposing a protocal of Appeal before a Notary 6. 8
For the Caution[2] entred into to prosecute the Appeal and
Stamps 7. 6
For the Marshalls Report 8.
For Entring into Bail 5.
For the Proctors fee praying an Inhibition and Monition and
Surrogates fee[3] 6.
[Footnote 2: Security or bond.]
[Footnote 3: On application, the Lords Commissioners of Appeal, or
their deputy the _surrogate_, would issue an _inhibition_ to the judge
of the court from which the appeal had come up, enjoining him to stop
all further proceedings, and a _monition_ to transmit all the past
proceedings in the cause to them; these latter documents constituted
the _transmiss_ or _transmission_ mentioned below. Browne, _Civil and
Admiralty Law_ (ed. 1802), II. 439. Clerke, _Praxis Curiae
Admiralitatis_, tit. 57.]
_Aug't 5th 1742_
For the Inhibition and Monition under Seal and Stamps and
Extracting 2. 6.10
For the Effect of that Said Inhibition 1.
_Nov'r 11th._
For attending when the Transmission was brought in by the
Judge below L0. 5.
For Compounding for the process 5.
For Drawing a Libel of Appeal 16. 8
For Ingrossing the same and Stamps 7. 8
For the Advocates fee signing the Libel 2. 2.
For Attending on him 6. 8
For Returning the sd. Inhibition and Monition at the Counsel
Chamber when a Proctor appear'd for the Appellator and
gave in a Libel 13. 4
For A Copy of sd. Libel for Advise Proctor and Stamps 7. 8
Fee when Issue was Joined 6. 8
For Attending when the Cause was Assigned for Sentence on
the first Assignation 6. 8
For Coach hire 3.
_24 March [1743]._
For Attending at the Counsel Chambers when the Cause was
Assign'd for Sentence at the next Court 13. 4
For Coach hire 3.
For drawing a Breif for Councell 4.13. 4
For Drawing and making an Index and Abstract of the Process
and Copy 1. 6. 8
For Copys of the Opinions given by the Counsell for their Use 13. 4
_10 May._
For Attending at the Councell Chamber when the Judges Assign'd
the Cause to be heard the next Court 13. 4
For Coach hire 3.
_17._
For the same to the next Court 13. 4
For Coach hire 3.
_2 June._
For Attending at the Councell Chamber when the Cause was
Assigned to be heard when their Lordships should Appoint 13. 4
For Coach hire 3.
_20th Octr._