Half to be paid by each party. This award, it will be seen by a reference to the original agreement, page 35 and 36, is founded on the principle of charging the hay and straw _at a foddering price_, a thing never contemplated by Mr. Elsee, and to which he would not have agreed under any circumstances, _but that the award was delayed until Mr. Ellis was in possession of the farm_, _and a great portion of the property_; and though he did for a long time refuse to take the money from Mr. Ellis, and insisted upon the crown’s paying him for what its Surveyor had bought, he was ultimately obliged to take what he could get from the new tenant. {57} Upon this second award, we must say that _the umpire has a way of his own for other things as well as for estimating loads of dung_. He values the articles at 384_l._ 18_s._ This valuation may have been a _sort of off-hand guess_, as if it had been quite immaterial to Mr. Elsee what became of his property, as we have already stated that he was never consulted as to its disposal. But as we happen to know the items, we may afford the reader some means of judging of the nature of the award, by putting something like a fair value upon them. The fixtures had been previously valued by 30 0 0 Mr. Driver for the crown, at 123 loads of hay, at 60_s._ 369 0 0 196 acres of straw, at their own estimate of 480 0 0 two load per acre, at 25_s._ per load Chaff 10 0 0 889 0 0 From which deduct the sum paid by Mr. Ellis 349 11 0 to Mr. Elsee by Mr. Drivers order, {59}. And we shall have a loss to Mr. Elsee of 539 9 0 The loss sustained in this transaction, in which Mr. Elsee embarked solely with a view of accommodating all parties, and of carrying into effect the wishes of the Commissioners, as expressed by their surveyor, _was upwards of five hundred pounds_; the sum which was ultimately paid him he did not receive for three years, _in consequence of the unauthorised transfer of the debt of the crown to Mr. Ellis_, _and which might have been lost altogether_, _if any misfortune had befallen the latter gentleman_; and these things, coupled with the order to pay down the enormous sum awarded to the commissioners, _render it impossible to conclude that Mr. Elsee has been justly dealt with_; _and there will neither be law_, _nor equity_, _left to boast of_, _if a revision of these proceedings cannot be obtained_, _against the influence of Mr. Driver_.