The Surveyor proceeded as he had threatened he would, with his action of ejectment; and during its progress, he forwarded a long agreement to Mr. Elsee for his signature, the effect of which was to put him in the place of the executors, when judgment should have been obtained against them, and leave him entirely at the mercy of the crown. This agreement, too, had been framed without any consultation with Mr. Elsee, upon its conditions, some of which were contrary to the custom of farming leases, and all of them framed in opposition to the situation and interest of a _tenant __at will_, which the Surveyor had declared him to be, _and not in any way a tenant of the crown_. This attempt to encrease the responsibility of Mr. Elsee was answered, of course, by a refusal to sign it; the agreement was returned, and Mr. Elsee waited upon the Surveyor, and pointed out to him that he was not liable to _any conditions_, and still less to the unreasonable ones attempted to be imposed upon him—that there was no legal claim upon him for dung {25}—that he had paid for it on his entrance upon the farm, and it would be his property when he should give up possession. To this the Surveyor replied, _that he had let the farm on such conditions_, _and the new tenant was to do the same during his lease_. It was then enquired by _what right_ the Surveyor made such conditions with respect to _this farm in particular_, since _he had not made them with respect to Heaton’s_? The Surveyor made answer, that they “_would be made to leave all their dung_,” which, however, _was not the case_, for in the following summer the crops of that farm, and _also the dung_, _were sold by the owner_. {26}