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brass wire, the plaintiff appealed; insisting (T. Parker, C. Phipps), that this allowance ought to have been made to him, as well since he was removed from the management of the works, as for the time he supervised the same; inasmuch as he had been guilty of no [142] misbehaviour in his office, nor done anything to forfeit the benefit of his agreement; but was always ready to perform his part of the articles. That the works were still carried on, according to his method, and the brass wire made, was of equal goodness with the pattern; and therefore by the express words of the agreement, the appellant was entitled to the 3s. 6d. per hundred during his life; especially, as both by the articles and the decree, he was obliged, (if Coggs should require it) to serve the company as long as he lived, and was therefore barred from getting his livelihood in any other capacity.

On the other side it was said (F. Page), that the consideration for allowing the appellant 3s. 6d. for every hundred weight of wire made at the works was, that, by his calculation, the company were induced to believe that their charges in making the wire would, by this method, be considerably lessened, and their profit consequently much greater; and because the appellant was to be at the trouble and charge of ordering, preparing, and improving the metal, according to that method, and which was to be deducted from such allowance; whereas he had been at no charges at all in the matter, nor had he in the least altered the former method of preparing the metal, or making the wire. But if this were otherwise, yet the respondents insisted, that, by the articles, the allowance of 3s. 6d. per hundred was not to continue any longer than while the appellant was actually employed in the works; and this employment was to be only during the will and pleasure of the proprietors.

But, after hearing counsel on this appeal, it was ordered and adjudged, that such part of the said decree, whereby it was declared and decreed, "that the said George Ball is not entitled to 3s. 6d. for every hundred weight of brass wire made at the said mills since he supervised the same," should be reversed; and that the appellant should be allowed and paid by the respondents, 3s. 6d. for every hundred weight of wire made at the partners mills during his life; but if the partners should employ the appellant, then he was to deduct the 38. 6d. for every hundred weight which should be made by him, or under his management, of less goodness than the pattern, according to the articles; and likewise to be at the extraordinary charges in preparing the metal, according to his covenant.

John Grene, esq. the appellant's father, and the respondent Joanna's late husband, having two sons and two daughters by Elizabeth his first wife; namely, Giles and the appellant, Elizabeth and Catherine; and being entitled to four thirty-sixth parts or shares of the New River water-works, and indebted to Sir Thomas Meeres in £900; by indentures of lease and release, dated the 22d and 23d of July 1674, he conveyed and settled these four shares to the following uses, viz. as to two of them, to the use of Sir William Dolben, and his heirs, until Sir Thomas Meeres should, out of the profits, have received his debt of £900 and as to those two shares so subject, and the other two shares, to the use of himself for life; and after his decease, to the use of Sir William Dolben, and his heirs; in trust to permit the