{59} The award was for 384_l._ 18_s._ but this included, as the arbitrators and umpire afterwards discovered; some oat and bean straw, not intended to have been valued to Mr. Ellis; and this was deducted, three years afterwards, by Mr. Driver’s orders, which proves the power of this gentleman to rectify any mistake that might be in favor of Mr. Ellis, although he could not interfere with Mr. Mee’s award when the object was to do justice to Mr. Elsee, even in the small matter of the land-tax. It does not appear, however, by the Inventory that the articles sold had been much over valued to Mr. Ellis; but if the Surveyor had ordered nothing to be paid, we suppose his order would have been omnipotent. {65} Mr. Mee and Mr. Harding went to measure this stack of hay in December, unknown to Mr. Elsee. Now the hay was got in, in July and August; and the question here is, why the arbitrators and umpire did not measure the stack before the award was made, on the 29th of October, that the matter might have been adjusted at once, by stating the quantity of dung which was required to be brought. Instead of this, no account of the quantity of hay appears to have been taken, before this private measurement of Mr. Mee and Mr. Harding, which was thus clandestinely made to furnish evidence on the reference; and in point of justice Mr. Elsee ought to have been acquainted with this proceeding, that he might have had some one present on his part, to see the measurement was justly made. If the arbitrators and umpire had done their duty at a proper time, Mr. Elsee’s presence might not have been requisite; but against this underhanded proceeding at such a rime, he has a right to protest. {67} Mr. French, in 1805, when estimating the value of farming stock, &c. in Essex, (the same county) rates the dung in the yard, as worth only 2s. 6d. per load; and when carted and turned over, at but 3s. 6d. As he was calculating the full cost of every thing, this may be taken as a fair average of the price for the county; yet witnesses were found to rate it at 20s. per load; and, what in more extraordinary, a Referee allowed it. It may be added that this estimate of Mr. French is that of a practical former, that it was made in the neighbourhood of Romford, and that the object was to shew the full extent of the expence of entering upon a farm. {69} This candid proposition, perhaps, was not submitted to the Referee, or he could hardly have declined it. Indeed, Mr. Elsee frequently wished to address Mr. Bolland himself, and point out the very clear state of the case; but he was always prevented, by a promise of some future opportunity. And when he attempted to do so, at the close of the proceedings, he was informed it was too late, and that he must sit down. Mr. Bolland then applied himself to form his award upon some grounds that we cannot understand; and arrived at the wonderful conclusion that the dung was worth considerably more than the hay fetched at market!