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to the arbitration of Robert Parkinson, and Cornelius O'Callaghan, Esqrs. Barristers at Law, and agreed that their award should be binding, provided it was made on or before the 12th of May then next.

By several subsequent submissions and orders, the time for making the award was enlarged. And on the 30th of June 1746, the arbitrators made their award; whereby they awarded, that possession of the lands of Ardlonan and Dressoge, which was given to the appellant on the 22d of December 1744, by virtue of a writ of habere facias possessionem, out of the Court of Exchequer, in an ejectment for non-payment of rent, should be restored to the respondent forthwith: that the bond dated the 9th of March 1742, given by the respondent and Hugh Ecklin and Humphry Barry to the appellant, for payment of £208 19s. 2d. a promissory note for £30 given by the respondent and Ecklin, to the appellant on the 9th of March 1742, and another note of the same date, given by the respondent and Ecklin to the appellant for £14 should be delivered to the respondent; and that satisfaction should be acknowledged at the respondent's expence by the appellant, on the records of the judgments on the said bond, upon the respondent's paying to the appellant £89 13s. 4½d. with legal interest, in three months after publishing the award. That the profits of the lands from 22d December 1744, to 25th March 1745, should go in full satisfaction of all rent to 25th March 1745, and from that day, the respondent should pay rent to the appellant for the same, as containing 206 acres; that the appellant should pay to the respondent half the costs of the several orders of reference, and as to all other costs each party was to pay his own, and that the respondent should dismiss his bill.

The appellant, by avoiding service of the award and orders for confirming it, withheld the possession of Ardlonan and Dressage from the respondent, for above a year.

The award was at length absolutely confirmed by an order of the Court. And by another order of the 22d of July 1747, [533] the respondent was put into possession of the lands of Ardlonan and Dressoge.

The appellant's withholding possession after the award, was productive of endless disputes; for the award being confirmed, he not only demanded the money awarded to him, but from time to time insisted on payment of the subsequent rent; and by way of deduction, the respondent insisted on satisfaction for damages by reason of the appellant's withholding possession; also for vexatious distresses and ejectments relative to the subsequent rent. These disputes occasioned various applications to the Court, and actions at law; and when they were nearly brought to an end, the appellant kept them up, by insisting upon satisfaction for the two bonds, given for securing the rent of Marvelstown; pretending, that the same were not under consideration of the arbitrators; and notwithstanding the award and preceding injunction, the appellant, in February 1747, arrested the respondent in an action of debt upon the two bonds, which had been given by him and Ecklin, for securing £114 2s. 9d. arrears of rent for Marvelstown; which being complained of, the Court ordered an attachment to issue against the appellant for his contempt: and it was by the same order referred to a Master, to report the full value of the lands, which the appellant was to have given possession of, to the time the respondent got possession.

The proofs laid before the Master concerning the value being contradictory, he could not ascertain the same, and therefore the Court directed an issue for trying such value. And the issue being accordingly tried, an order was made in July 1752, for the Master to state an account between the parties, on the foot of the award, and value of the lands ascertained by the verdict; and also for the subsequent rent. And the appellant insisting, that the two bonds relative to Marvelstown should be introduced into the account, an order was made that the Master should state the matter of those two bonds specially.

The Master by his report, dated the 17th of August 1753, certified a balance of £377 15s. 7d. to be due from the respondent to the appellant; and for special matter on the account, certified, that he had included interest on the £89 13s. 4d. awarded to the appellant, which the respondent had insisted ought not to have been allowed, because the appellant did not comply with the award in due time.