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three lives, or twenty-one years; and to make leases of any part of the premises in the city of Dublin, or suburbs thereof, for any term not exceeding three lives, or sixty-one years.

And the said Christopher Mapas, by deed inrolled, of the same date, charged his estate with the payment of £800 as the portion of his said daughter, with interest for the same.

The respondent having obtained a long lease of Lord Ross's fourth part of the Wicklow estate, applied to the appellant Walter, for a lease of his three fourth parts thereof; on which occasion, he was informed, that the appellant Walter was restrained by his marriage-settlement from making long lenses, but it does not appear that the settlement was then produced; however, the respondent being desirous of a long term, and the appellant Walter imagining, that he had power to grant leases for thirty-one years; did, by indenture dated the 27th of February 1707, demise to one Laurence Byrne, his executors, administrators, and assigns, in trust for the respondent, the said three undivided fourth parts of the lands of Killmaeurra, and Knockattin, for a term of thirty-one years, from the 25th of March then next, at the yearly rent of £20, and the lessee covenanted to lay out £50 in improvements on the premises, within the space of ten years from the commencement of the term.

The other appellant John Byrne, happening to be present at the execution of this lease, and the respondent being informed, that by the limitations of the said settlement, the estate was to come to John, on failure of issue male of Walter, made pressing application to both the appellants, to come to an agreement with him for a further term; and accordingly, articles were, on the same day, entered into between them for that purpose; whereby Walter covenanted,

That in case, at the time of the perfection of the said lease, he had power to grant the said demised premises for any longer term than the said thirty-one years, from the said 25th day of March, he would perform the same; (that is to say,) That he the said Walter Byrne, should and would perfect a lease of the said premises, to the said Laurence Byrne, his executors, administrators, and assigns, for such longer or other term, as he had then power to grant, from the said 25th day of March, under the same covenants and agreements in the said lease mentioned: and that, in case he the said Walter Byrne had not then power to grant and let the said demised premises, for any longer term than the said thirty-one years, mentioned in the said lease; then, and in such case, the said Walter Byrne should and would, at any time or times thereafter, during the said term, at the request, and proper costs and charges of the said Laurence Byrne, his executors, administrators, or assigns, [188] renew the said lease, and perfect a new lease of the said premises unto the said Laurence Byrne, his executors, administrators, and assigns, as often as he or they should desire the same, for thirty-one years from the time of every such request or desire, from time to time made, at and under the same covenants and agreements in the said recited lease mentioned; the said Laurence Byrne, his executors, administrators, or assigns, first paying to the said Walter Byrne £10 sterling, for a fine for every such renewal.

And the appellant John Byrne did, by the said articles, covenant,

That if at any time thereafter, the premises should descend or come to him, after the death of the said Walter Byrne, then, and in such case, he the said John Byrne should grant and perfect a new lease of the said premises, unto the said Laurence Byrne, his executors, administrators, or assigns, for such term of years as he had power to grant and let the same, not exceeding thirty-one years, at and under the same covenants, conditions, and agreements, in the said recited lease mentioned; first paying unto the said John Byrne, or his assigns, £10 sterling, as a fine for such grant or lease so made; and to renew the same from time to time, for thirty-one years, as often as the said Laurence Byrne, his executors, administrators, or assigns, should desire or require the same, upon payment of £10 sterling, as a fine for every such renewal.

Laurence Byrne, by deed dated the 28th of January 1708, declared, that the said lease and articles were executed to him, and that his name was made use of therein, in trust only for the respondent, his executors, administrators, and assigns.