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tract made between them, for clothing the regiment whereof the appellant was Colonel at the time of the said contract, for so many months as the appellant had power to assign the same. (Jour. vol. 21. p. 322.)

But a debate arising, concerning the surplus time for which the off-reckonings were assigned by the appellant, over and above the time allowed for that purpose, by the standing rules of the government in Ireland; it was ordered, that the said debate, and the further consideration of the cause, as to that point, should be adjourned to Monday then next.

Accordingly, on Monday the 9th of May 1720, this adjourned debate was resumed; and after hearing one counsel of a side, touching that point, and due consideration had of what was offered thereupon; it was ordered and adjudged, that the off-reckonings for such surplus-time were not liable to the said contract; and therefore, only ten months of the off-reckonings of the old men, and fourteen months of the off-reckonings of the 140 additional men, ought to be liable to the said contract. And it having appeared, that the respondent Dormer had made an assignment of the said off-reckonings, and that the same had been paid in pursuance thereof; it was further ordered and adjudged, that the respondent Dormer should pay the off-reckonings of the said additional 140 men for fourteen months, and for the rest of the regiment for ten months, to the respondent Macgwire, upon his delivering of a half-mounting for the old men of the said regiment, according to the said contract; and that thereupon the said Macgwire should be enjoined, not to prosecute the appellant at law, for so much as should be so paid him and in case any difference should happen between the parties, touching the quantum of the off-reckonings before directed to be paid, the same should be ascertained by the said Court of Exchequer. (Jour. vol. 21, p. 323.)

Sir Francis Toppe, bart. by deed dated the 14th of October 1664, charged his manor and lands of Tormarton in Gloucestershire, with a rent-charge of £200 per ann. to dame Elizabeth his wife; and thereby also limited a term of 500 years to trustees, to raise £2000 for the portion of the appellant Frances, his daughter, payable at eighteen, or marriage; and £30 per ann. in the mean time. And afterwards, by his will, dated the 5th of November 1668, he charged other lands with £100 per ann. more to the said Dame Elizabeth, until the respondent, his son, should attain his age of twenty-one; and directed, that the residue of the rents, as also his personal estate (except some particular sums thereby directed to be laid out in a purchase of lands, and settled on his said son) should be applied in discharging his funeral expences, debts, and legacies, and for raising £500 for the appellant Frances as an addition to her portion, and £30 per ann. addition to her maintenance; and of his said will, he made Dame Elizabeth executrix.

In 1670, Sir Francis died, leaving issue only the respondent, then an infant, and the appellant Frances, who, in about four years afterwards, intermarried with Charles Stanhope, esq. to whom Dame Elizabeth paid the £2000 portion, with money which had been given her by her friends, and what she had laid up out of her jointure; she not having been able to raise the same out of the real estate of Sir Francis, which at his death was only about £400 per ann. and not sufficient to answer the £300 per ann. to Dame Elizabeth, and the maintenance of her children: and as to the