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expences should amount, to be computed and settled by one of the Masters of the Court of Chancery, should be charged and secured upon the said promises; and that the Duke, according to his said submission, should discharge and keep down the interest which should accrue due thereon during his life; and that it should be referred to the said Master to settle such security, and make such provision for keeping down the interest as aforesaid; and that within three months after such new lease should be granted, the appellants should by proper conveyances and assurances, to be approved by the said Master, in case the parties should differ about the same, at the expence of the respondent Susanna Gregory, assign the same premises called Shimpling Park, with the appurtenances, to the said respondent Susanna Gregory, for the residue of the term which should then be subsisting in the present lease, and for the term to be comprised in such new lease, free from incumbrances; but subject to the respondent the Duke of Newcastle's interest for his life in both the said terms, and to such security as aforesaid, and defeasible upon the said Duke's having a son; and that all proper parties should join in such conveyances and assurances as the said Master should direct; and that it should be referred to the said Master, to consider and settle how much ought to be allowed and deducted out of the purchase money of £1000 mentioned in the said agreement, in respect to the charge and incumbrance to be brought upon the said premises on account of the fine, fees, and expences of such new lease as aforesaid; and that upon the execution of such conveyances and assurances as aforesaid, the respondent Susanna Gregory should pay to the appellants the residue of the said purchase money, after deducting thereout so much as should be allowed by the said Master, in respect of the said charge and incumbrance; and that the appellants should pay to the respondents, the Duke of Newcastle and Susanna Gregory, their costs of this suit in the Court of Chancery, to the time of making the said decree, to be taxed by the said Master; and that the consideration of subsequent costs from that time should be reserved; and that any of the parties should be at liberty to apply to the said [219] court for further directions, as occasion should require. And it was further ordered, that the said court should give all necessary and proper directions for carrying this judgment into execution. (Jour. vol. 29. p. 608.)

In Michaelmas term 1756 an ejectment was brought in the Court of King's Bench in Ireland, in the name of the plaintiff, against the defendant, for divers tenements and hereditaments in the towns and lands of Coolnegard, Sydonan, Railagh, otherwise Reylands, Culbuck, Tarlum, and Agheleage, in the county of Tyrone, upon separate demises severally made by the lessors of the plaintiff, on the 11th of June 1756, for the term of 31 years from thenceforth.

The defendant pleaded not guilty, upon which issue was joined; and on the 21st of November 1757, the cause was tried at bar, by a special jury of the county of Tyrone, who found a special verdict to the effect following, viz.

That Sir Audley Mervyn, Knt. being (amongst other manors and lands in the said county of Tyrone) seised in fee of the manor and lordship of Arlestown, whereof the lands in the declaration were part, and having issue three sons, Henry, Hugh, and George, duly made and executed certain indentures of lease and release, dated the 2d and 3d of August 1675, whereby Sir Audley, in consideration of a marriage before had between him and Dame Martha his wife, and of the portion received with her, and for making a jointure for her, and for the better vesting and settling the premises in his