{47} This, it is admitted, even by Mr. Driver, was not taken into any account, and he is obliged to admit that it ought to have been; yet when Mr. Elsee took him the receipts, and required to be reimbursed the money, upon the Surveyor’s own confession that it was due, he would give nothing but evasive answers. Being pressed very closely upon the subject, he said he would not pay it then, and he has taken care not to pay it since, nor has Mr. Elsee ever been able to obtain it from anybody else. This circumstance of omitting to take the land-tax into the account, proves the necessity there was for a proper enquiry, and the examination of the party, as to claims, &c. and this circumstance alone would have been sufficient to destroy the award, in the court of king’s bench, if the case could have been taken there, instead of being pounded in the equity side of the court of exchequer. {56} In all the proceedings the dung appears to have been a favorite consideration with Mr. Driver and Mr. Mee; and by some means or other they contrived to make Mr. Elsee pay more, in dung and money, than the crops were worth; and he would absolutely have been a considerable gainer, if he had left the hay to rot on the ground, instead of sending it to market under the conditions imposed upon him. {57} The costs of this award are also objectionable, inasmuch as the time occupied was charged, and that exorbitantly too, in the business between Mr. Elsee and the Commissioners; and if they had thrown in the latter award, late and defective, and injurious to Mr. Elsee as it was, there would have been no great sacrifice on their part; the more especially as Mr. Elsee never agreed to the introduction of an umpire, nor agreed to be bound by the decision of any person, except the arbitrators, who were merely requested for an opinion to prevent any altercation between the buyer and seller. And the parties seem rather to have been aware that some objection might be made to paying them, so they prudently contrived to pay themselves, in the following ingenious manner. Mr. Elsee had employed Mr. Peake, at the Michaelmas of that year, to sell his farming stock, and from the produce of the sale Mr. Peake deducted the whole sum, and furnished Mr. Elsee with a receipt. This was another deviation from the award, for it required each pay to half, but then they had no money in hand of Mr. Ellis’s, and the safest way was to make sure of a pay-master. The amount is only large in comparison with the duty; but it deserves notice, as one amongst many proofs that Mr. Elsee’s purse was never to be spared.