Page:The English Reports v1 1900.pdf/620

The appellant being seised of the town land of Breagh in the parish of Sego, and county of Armagh in Ireland, a small part whereof was let to Hugh Lavery and Patrick M'Connell, as tenants at will; and intending to remove them, and let the premises in their occupation to an improving tenant on a lease for lives; it was, in the year 1743, proposed between the appellant and St. John Mathers, the respondent's brother, on the behalf of the respondent, who then lived on another farm in the neighbourhood of the appellant's estate, that after Lavery and M'Connell had quitted the premises, the respondent should become tenant thereof, at the yearly rent of 7s. an acre, being the like yearly rent as had been paid by the former tenants; and to induce him to lay out his money in lasting improvements, the appellant agreed to grant the respondent a lease of the premises for his own life, and two other lives to be nominated by him, (being the full extent of the power of leasing reserved to the appellant by his marriage settlement) and to execute a like lease to the respondent as was granted to the appellant's other tenants; and that the respondent should in every particular be treated as well, and have the same privileges as had been granted by the appellant to any of his other tenants, to whom he had granted leases.

The former tenants having quitted possession, the respondent in November 1743, entered on the premises with the consent and [335] approbation of the appellant, and proceeded forthwith to make valuable improvements on the land, by stubbing, ditching, quicking, and stoning the same, and also to repair the buildings and erections thereon, to the amount of £50 and upwards; and these improvements and repairs were from time to time overlooked and approved of by the appellant, and were made and done in the most substantial manner; the respondent intending the lease for the benefit of William and Thomas Mathers his sons, then infants, whose lives were to be inserted therein, after they attained their full ages, and during their minorities to set the same to under-tenants to the best advantage.

After the respondent had made some progress in his improvements, a survey was taken by the direction of the appellant of the lands so let; which were found to amount to 50 English acres and one rood, or thereabouts, and which, at 7s. an acre, amounted to £17 11s. 6½d. and the respondent having applied to the appellant for a lease according to his agreement, the appellant readily consented that a lease should be forthwith prepared; and, as a further encouragement to the respondent to proceed in his improvements, the appellant also agreed, that in case either of the two lives to be named by the respondent should die during the appellant's life, he would renew the lease, and add another life or lives thereto.

The yearly rent to be paid by the respondent being ascertained by the survey, the appellant sent James Somerville his clerk to the respondent, for the names of the lives to be inserted in the lease, and gave directions to the said James Somerville to prepare a lease to the respondent, which was accordingly drawn; and thereby the lands in the occupation of the respondent, or his under-tenants, by their proper description and according to the before mentioned survey, together with the turf bog, or moss, in the town land of Breagh, then in the actual possession of the respondent or his tenants, (which turf bog, or moss, was used by the appellant's tenants, and the other occupiers of lands, for firing,) were demised to the respondent for the lives of the respondent and the said William and Thomas Mathers, his sons, at the said yearly rent of £17 11s. 6½d. payable half yearly; with a covenant for adding a further life or lives thereto, in case either of the lives therein named dropped during the appellant's life; and a clause or covenant