Page:The English Reports v1 1900.pdf/1124

of that accession to the college, an annual increase of salary of £236 to himself, as Provost; made several leases, from time to time, of the estates of Meath and Galway, for twenty-one years, in trust for himself; reserving out of the Galway estate £190 yearly, and out of the Meath estate £210 yearly, but subject to the quit-rent of £34 0s. 10½d. out of the Galway, and £14 12s. 5½d. out of the Meath estate; that Dr. Andrews's lessees, in trust for him, and by his direction, made leases of the said lands for his own benefit, reserving upwards of £1200 yearly, by which he reserved to his successors a profit rent of £355 6s. 8½d. and to his representatives a clear yearly profit of above £800, and thereby endeavoured to deprive the office of Provost of an annual sum, nearly equal to one half of the total remaining annual income of the office; though, by his application for an increase of salary, it appeared that he thought the total income arising from the office not sufficient for the support of the Provost without such increase. That Dr. Andrews frequently declared, that he had £800 clear yearly profit by the said leases; and in order that it should appear upon the face of them, that the body at large had consented to the same, he recited therein, that the Fellows and Scholars had assented thereto; and he affixed the college seal to each of such leases, in testimony, as is therein mentioned, of such consent, though the same was never given; and he also caused an entry to be made in the register's book, importing, that the college seal was affixed to such leases, though several of the senior Fellows repeatedly told him they did not consent to the making them, and that the college seal ought not to be affixed to the same. That the first entry was made on the 11th of June 1770, mentioning, that on that day the college seal was affixed to a lease made by the Provost to Eyre French, Esq. of the Provost's estate in Galway, for twenty-one years from the 29th of April then last, at the yearly rent of £195. [525] And on the same day a further entry was made, that the college seal was affixed to a lease made by the Provost to William Gamble, Esq. of lands belonging to the Provost, in the county of Meath, for twenty-one years, from the 1st of May then last, at the yearly rent of £210, and that the like entries were made on the 21st of March 1772; and that such entries were made, without the approbation or consent of the senior Fellows, or the majority of them. That on the 6th of August 1773, on which day no hoard was held, Dr. Andrews had two leases prepared, one of them mentioned to have been made by Francis Andrews, Provost, on behalf of himself and successors, with the assent and consent (though contrary to truth) of the Fellows, testified, as therein alledged, by the common seal of the college being affixed thereto, by which Dr. Andrews took upon him to demise, for him and his successors, Provosts of the college, to the respondent William Gamble, the several lands and premises granted by the letters patent to Dr. Seil, situate in the county of Meath, for twenty-one years from the 1st of June then last, at £240 a year above all taxes, (quit, crown, composition, patent, and king's rents excepted,) with a covenant from him, for himself and his successors, for quiet enjoyment; and at the conclusion of the lease were the following words: "In witness whereof, the said Francis Andrews hath hereunto set his hand and seal, and the said Provost, Fellows, and Scholars of the said college, have hereunto affixed the common seal of the said college." One part of which indenture, sent to the appellant by the respondent William Gamble, one of the executors of Dr. Andrews, as a counterpart, appeared to have been executed by the said Francis Andrews, under his hand and seal, and by the respondent William Gamble, and no college seal affixed to the same: but that the respondent alledged, that the college seal was affixed to the part which remained in his hands. That Dr. Andrews, by an indenture of lease of the same date, and with the same clauses as to the assent and consent of the Scholars and Fellows, and as to the college seal, demised all the lands and hereditaments in the county of Galway, which had been granted as aforesaid to Dr. Seil, and therein particularly mentioned, containing in the whole upwards of 3500 acres, for the like term, at the rent of £195 yearly, to the said William Gamble, (Eyre French having, as alledged, previously surrendered the lease made to him,) one part of which lease sent by the respondent William Gamble, as a counterpart, was not signed or sealed by the late Provost, nor the college seal affixed thereto, but was executed by the respondent William Gamble, who alledged, that the part in his hands was executed by the Provost under his own and the college seals, by which means the appellant had not true counterparts. That neither of the leases