Curtis,  J.  This  action  was  referred  under  a  rule  of  the
Court,  entered  at  the  April  Term,  1853,  to  John  Davis,  Mar-
cus Morton,  and  Nathan  Hale,  Esquires,  and  after  these  ref-
erees had  fully  heard  the  parties,  one  of  their  number,  Mr*
Davis,  died,  and  then  Mr.  Morton  became  so  ill  as  to  be  un-
able to  act^  The  parties  thereupon  agreed,  that  the  remaining
referee,  Mr.  Hale,  should  make  an  award,  and  he  having  done
so,  it  was  presented  to  the  Court  at  the  last  term,  and  its  ac-
ceptance moved  by  the  plaintiff,  and  opposed  by  the  defend-
ant, —  only  one  Judge  being  then  present,  by  consent  of  par-
ties, the  case  was  continued  to  the  present  term,  when  the
defendants  filed  their  objections  to  the  acceptance  of  the
award,  as  follows:  —

United  States  of  America,  Circuit  Court  of  the  United  States

for  Maine  District

In  the  action  John  G.  Myers,  plaintiff,  v.  The  York  and
Cumberland  Railroad  Company,  defendants.
And  now  at  the  September  Term  of  said  Courts  the  de-
fendants in  the  above  entitled  cause  come  into  Court  and  ob-
ject to  the  acceptance  of  the  award  of  Hon.  Nathan  Hale,  as
referee  in  the  above  action,  and  allege  the  following  objections
to  the  acceptance  of  the  paper  offered  as  an  award  of  the  said
referee :  —

First.  That  the  said  Hale  has  acted  and  awarded  upon,
and  included  in  said  award,  damages  for  a  subject-matter  not
referred  to  him.
Second.  That  the  said  Hale  has  included  in  his  said  award
damages  for  a  claim  not  embraced  in  the  plaintiff's  writ  or
declaration)  and  not  sued  for  in  the  above  action,  and  not  re-
ferred to  his  arbitration  or  decision.
