Woodford, with those privileges, to Emerton for seven years, from the 1st of May following, at the yearly rent of 150l. and covenanted, that all the parties interested should, upon demand, make him a lease in due form; and under this agreement Emerton entered about May, 1693, and managed the works wholly with his own stock, and for his sole benefit, until June, 1694, and then finding that he could not well carry on the undertaking without the assistance of Croasdaile, who was skilled in such works, and had great quantities of cord-wood thereabouts, pressed Croasdaile to become sharer with him in the works of Woodford for a third part; and Thomas Croasdaile, who had long before been discharged from the management of Sir Henry Waddington's real estate, was at length prevailed on to become Emerton's partner in the works of Woodford; And Emerton accordingly, by articles, 14th June, 1694, granted and assigned to Croasdaile a third part of the iron-works of Woodford; and Croasdaile, in consideration thereof, granted to Emerton two-thirds of his woods at the same price he had paid for them; and about that time respondents, William Usher and Letice, intermarried: And in September, 1696, Emerton having affairs of consequence to manage in England, proposed to surrender his lease of Scariffe, but respondents refused to accept it, unless he paid down 600l. which he accordingly did; and thereupon surrendered his interest in both the iron-works, with a saving of the third part, which Croasdaile had in Woodford works; and Croasdaile [461] at the same time offered to surrender his third part also, provided respondents would allow him a reasonable time to work up his mine; but Dr. Zachary Ormsby, one of Sir Henry Wadington's executors, persuaded him to take the intire works of Woodford on the same terms Emerton had held them; and thereupon respondents, Usher and wife, by indented articles, dated 17th October, 1896, agreed, in behalf of themselves, and of Tempest, and respondent Dorothy, then his wife, to demise unto Croasdaile the town and lands of Woodford, twenty-five acres in Killagown, seventeen acres in Cloucoe, twenty-one acres in Derrycrag, and two acres in Droomeenecotty, with the iron-works, woods, and other appurtenances, for twenty-one years from the 1st of May next ensuing, under the yearly rent of 150l. with a proviso, that if Tempest, and Dorothy his wife, (who were then in England) should not give their consents to that agreement, and signify the same in writing, under one or both their hands, before the 10th day of December following, the articles should be void: And that respondent Dorothy, by a letter from London to Thomas Croasdaile, dated 4th May, 1697, consented to the articles, and said she wondered he had not received former letters, which she, and her husband, had sent, to signify their consents; and added, that Colonel Tempest was in the country; but as soon as he came to town Croasdaile should have both their consents in form; and thereupon Croasdaile entered and enjoyed the iron-works of Woodford, with the other premisses therewith demised, and duly paid the reserved rent to Colonel Tempest during his life, and took his acquittances in full; and Colonel Tempest dying in 1699, respondent Dorothy afterwards married the respondent Arthur Ormsby, and during her viduity, she and all the respondents, for many years after, received this rent and gave receipts in full; and so far from pretending that the lease was unfairly obtained, or the iron-works under-let, that respondents Ormsby and wife exhibited a bill against Croasdaile, in his life-time, to compel him to accept of a lease in due form, and to execute a counterpart: And the Earl of Clanrickard being seised in fee of a great part of the lands of Dromeemecotty, in 1697, sold the woods thereon standing to Henry Burgery, Gent. who out part to his own use, and afterwards sold the remaining part of those woods to Croasdaile, who also dealt for other woods, and took many beneficial farms, and, [462] by his great industry, acquired a considerable fortune, and died about October, 1709, having first made his will, and appellants executors: And that Sir Henry Wadington, by a lease from the Earl of Clanrickard, held thirty-six acres of unprofitable land in the mountains of Slewbaghty, through which the water passed to the iron-works, which was the only use or profit that could be made of these thirty-six acres; and the former term being expired, Croasdaile took a new lease thereof from Colonel Thomas Burke, who had married the Countess of Clanrickard: and that respondents, 7th February, 1709, exhibited their bill in the Exchequer of Ireland against appellants, as executors of Croasdaile, for an account of the personal estate of Sir Henry Wadington; and also an account of the third part of the profits of the iron-works of Woodford, from 1692 until 1696, and of the entire profits
372
