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manager of his estates, and who acted as such by virtue of a letter of attorney executed by his lordship in 1740,) would confirm such leases; and that Mr. Butler intended to make new leases of the estates, at such rents as Mr. Burke should value them. In consequence whereof, the appellant applied to Mr. Burke to view and value the lands of Tyrehane, which he then held; and accordingly Mr. Burke did view these lands, and valued the same at the yearly rent of £110 and wrote a letter to Mr. John Gallway, Mr. Butler's agent, dated the 11th of March 1746, wherein he informed Mr. Gallway that he had viewed the appellant's farm at Tyrehane, and thought that Mr. Gallway might be satisfied with £110 a-year clear rent for the farm, as the appellant engaged to lay out a good deal of money in making ditches, drains, and stone walls on it. And in pursuance of this letter Mr. Gallway, who acted under a letter of attorney from Mr. Butler, exe-[342]-cuted a lease to the appellant of the lands of Tyrehane for 31 years, to commence from March 1746, at the yearly rent of £110 and the appellant about the same time entered into a bond to the respondent the Earl, which he delivered to Mr. Burke his agent, in the penalty of £400 conditioned for laying out the sum of £200 in improvements upon the farm: and the appellant afterwards laid out £300 and upwards in such improvements.

In 1747, the respondent the Earl exhibited his bill in the Court of Chancery in Ireland, against Charles, Earl of Arran, the surviving executor of Colonel Thomas Butler, the husband of Lady Iveagh, the said Richard Butler, and Hellen his wife, one of the daughters of Lady Iveagh, and several other parties interested in her personal estate under her will; alledging; that by the receipt of the rents and profits of the respondent's estates, the defendants demands out of the said estates had been greatly overpaid; and therefore the bill prayed, that an account might be taken of the defendants several demands out of the estate, and of the rents and profits received by Mr. Butler, and those whom he represented; and that the respondent might be let into the possession of the said estates.

The defendant Charles Earl of Arran and the said Richard Butler answered the bill, and then died before the 10th of December 1760, but the cause was not revived.

On the 10th of December 1760, an order was made upon the petition of the respondent the Earl, suggesting that the estates were under let, whereby the Court ordered, that the lands of Tyrehane, and other lands in the petition particularly mentioned, lying in the county of Gallway, should be set by one of the Masters of the Court, unless, in ten days after the tenants of the several estates should be served with the order, good cause should be shewn to the contrary.

The appellant having been served with this order, his clerk in court, on the 4th of February 1761, and before the order was made absolute, caused notice to be served on the Earl's clerk in court, who was plaintiff in the cause, that the appellant would shew cause against the order of the 10th of December 1760, the next convenient opportunity; and soon afterwards, the like notice was served upon the clerk in court for the defendants in the cause.

By another order, dated the 7th of February 1761, the former order was made absolute, as to part of the lands comprised therein; but this order did not comprehend the lands held by the appellant.

On the 27th of the same month, some of the tenants shewed cause against the said orders; the appellant who was not then prepared to shew cause not appearing, but intending to shew cause at a future day, pursuant to his notice; it was however ordered by the Lord Chancellor, that the cause shewn by the several persons should be disallowed, and that accordingly the lands of Tyrehane, and other lands mentioned in the order, should be set by one of the Masters, to the best and highest bidder for the same [343] for one year, from the 1st of May then next. And it was further ordered, that the several persons who should become tenants of the lands, should pay their respective rents to the incumbrances.

On the 11th of April following the appellant, being prepared to shew cause, served an additional notice upon the several clerks in court in the cause, of a motion to set aside the said order of the 27th of February, the same having been made whilst the appellant's former notices were depending. And in pursuance of these notices the appellant, on the 18th of April 1761, moved the court by his