and Dame Martha his wife, of the one part, and George Gostling and Henry Newcome, Esq., of the other part.

32. Indentures of fine sur conuzance de droit come ceo, &c., with proclamations, between George Gostling and Henry Newcome, plaintiffs, and Sir John Whalley Smythe Gardiner and Martha his wife, deforciants, of sixteen messuages, fourteen cottages, two mills, 1300 acres of land, 400 acres of meadow, 600 acres of pasture, 200 acres of wood, 100 acres of furze and heath, and common of pasture for all cattle, with the appurtenances, in the parishes of Tackley and Cuddesden, and in Denton; and that the parts of the hereditaments comprised therein were subsequently mortgaged by the said Sir John Whalley Smythe Gardiner, for securing sums of 1200l. and 6007.

33. The death of Sir John Whalley Smythe Gardiner, without issue, leaving the said James Whalley, *afterwards Sir James Whalley Smythe Gardiner (No. 1), his brother and heir at law.

[*606

34. That thereupon Dame Martha Whalley Smythe Gardiner, widow of Sir John Whalley Smythe Gardiner, entered into possession of the lands expressed to be devised to her for her life by his will, situate in the parish of Tackley, but not including any portion of the farms called "Mills," "Castells," and "Jemmetts."

35. That all the hereditaments of which the said Sir John Whalley Smythe Gardiner died seised (except the said hereditaments in the parishes of Tackley and Cuddesden and Milton, and in Wheatley, Denton, and Nethercott), were sold shortly after his death by William Henry Ashhurst, the executor and trustee named in his will, for payment of his debts, including the said mortgage-debts of 12007. and 6007, and which were duly discharged.

36. That the said Sir James Whalley Smythe Gardiner (No. 1), on the death of the said Sir John Whalley Smythe Gardiner, entered into possession of the Roche Court and Basingstoke estates and the Tackley Park estate (except the part in the possession of Dame Martha Whalley Smythe Gardiner), and also entered into possession of the farms called Mills, Castells, and Jemmetts, and continued in possession

thereof until his death.

37. That, on the death of the said Sir James Whalley Smythe Gardiner (No. 1), Sir James Whalley Smythe Gardiner, Bart. (No. 2), his eldest son and heir at law, entered into possession of the Roche Court and Basingstoke estates, and the Tackley Park estate (except the part thereof in the possession of Dame Martha Whalley Smythe Gardiner), and also entered into possession of the farms called Mills, Castells, and Jemmetts.

38. The admission of Sir James Whalley Smythe *Gardiner (No. 2), at a Court duly held for the manor of Fareham on the [*607 3d of December, 1803, on surrender of Stephen Barney, Esq., heir of the surviving devisee in trust under the will of Sir William Gardiner, to the copyhold portions of the Roche Court estate.

39. At the same Court, a recovery duly had and suffered, and the readmission of Sir James Whalley Smythe Gardiner (No. 2), to hold to him and his heirs according to the custom of the manor.

40. The due execution by all parties of an indenture of bargain and sale bearing date the 20th of January, 1807, and made between the said Sir James Whalley Smythe Gardiner (No. 2), therein de

scribed as tenant in tail in possession under and by virtue of the last will and testament of Sir William Gardiner, late of Roche Court aforesaid, Bart., deceased, of the first part, John Lee, gentleman, of the second part, and Pierce Walsh, gentleman, of the third part.

41. That the Basingstoke estate and the freehold portions of the Roche Court estate were comprised in the description of the hereditaments bargained and sold by the last-mentioned 'deed.

42. Exemplification of recovery wherein Pierce Walsh was demandant, John Lee, tenant, and Sir James Whalley Smythe Gardiner (No. 2) was vouchee, of the manor of North Fareham, otherwise Roche Court, with the appurtenances, and 16 messuages, 16 gardens, 1000 acres of land, 170 acres of meadow, 170 acres of pasture, and 160 acres of wood, and the rents of 20s., 20s., 4., 4l., and 47., with common of pasture, &c., with the appurtenances, in North Fareham, South Fareham, Wickham, Tichfield, Sherbourne St. John, otherwise East Sherbourne, Bramley, and Bamber. 43. The due execution by all parties of an indenture *of *608] bargain and sale made between Sir James Whalley Smythe Gardiner (No. 2), of the first part, John Lee of the second part, and Pierce Walsh of the third part.

44. Exemplification of recovery wherein Pierce Walsh was demandant, John Lee tenant, and Sir James Whalley Smythe Gardiner (No. 2) was vouchee, of the manor of Hill Court, with the appurtenances, and 45 messuages, one mill, forty gardens, 1600 acres of land, 400 acres of meadow, 600 acres of pasture, 100 acres of wood, 180 acres of furze and heath, common of pasture for all manner of cattle, free fishing, and free warren, with the appurtenances, in the parishes of Cuddesden, Tackley, and Milton, and in Wheatley, Denton, and Nethercott.

45. The due execution of indentures of lease and release of the 30th and 31st of July, 1807, the release made between the said Sir James Whalley Smythe Gardiner (No. 2), the eldest son and heir at law of the testator Sir James Whalley Smythe Gardiner (No. 1), of the first part, Frances Mosley, spinster, of the second part, George Smith, Esq., and Frances Maria his wife of the third part, Thomas Lister Parker and the Rev. Streynsham Master, clerk, of the fourth part, Sir Oswald Mosley, Bart., and the Rev. John Peploe Mosley, clerk, of the fifth part, and William Assheton, Esq., and the said George Smith, of the sixth part, being a settlement made on the marriage of the said Sir James Whalley Smythe Gardiner (No. 2) and Frances Mosley.

46. That the Tackley Park estate and the farms called Mills, Castells, and Jemmetts, the Basingstoke estate, and the freehold and copyhold portions of the Roche Court estate, were comprised in the description of the hereditaments respectively granted and released and covenanted to be surrendered in and by the last-mentioned indenture of settlement.

*47. That, by the award made in pursuance of an Act passed *609] in the 45 G. 3 (c. 28), for enclosing land in the parish of Fareham, in the county of Southampton, a piece of land containing 22a. Or. 15p. was set out, allotted, and awarded to the said Sir James Whal

ley Smythe Gardiner (No. 2), in respect of the said Roche Court

estate.

48. The sale by Sir James Whalley Smythe Gardiner (No. 2) and the trustees of his marriage settlement shortly after the date of that settlement, and under the powers therein contained, of the whole of the Basingstoke estate to various persons for sums amounting in the whole to 13,1857., and the conveyance in fee simple in or prior to the year 1809 to the respective purchasers of the several portions of the said estate so sold.

49. The investment by the trustees of the said settlement of the clear proceeds of such sale in the purchase of divers freehold and copyhold hereditaments in the parish of Fareham, comprising altogether about 50 acres of freehold land and 150 acres of copyhold land, and the conveyance of the freehold portions thereof in the year 1810 to the uses of the said settlement of the 31st day of July, 1807, and the surrender to and admission of the said trustees to the copyhold portions of the said hereditaments so purchased by them, upon trusts corresponding with the uses of the said settlement.

50. The sale by Sir James Whalley Smythe Gardiner (No. 2) and the trustees of the said settlement, and under the powers therein contained, in the year 1811, for the sum of 32,828, of part of the hereditaments in the parish of Tackley aforesaid to John Stratton, Esq., and the conveyance in that year to him and his heirs in fee simple of the said hereditaments so sold, of which sum 1500l. was laid out in the trustees' names in the purchase of 2500l. Consolidated 3 per Centum Annuities, and 30,0727., the clear surplus after [*610 payment of costs, was paid over to Sir James Whalley Smythe Gardiner (No. 2) by the trustees, or was with their privity received by the said Sir James Whalley Smythe Gardiner (No. 2) instead of being invested according to the trusts of the said settlement.

51. The sales in the year 1813 by Sir James Whalley Smythe Gardiner (No. 2) and the trustees of the said settlement, and under the powers therein contained, of divers portions of the said hereditaments at Wheatley, within the parish of Ĉuddesden, and completion in the year 1821 of several of such sales for sums amounting altogether to 18007., which sums were not reinvested by the said trustees according to the trusts of the said settlement.

52. The due execution by Sir James Whalley Smythe Gardiner (No. 2) and his eldest son, James Whalley Smythe Gardiner (No. 3), of an indenture bearing date the 26th of June, 1834, and made between James Whalley Smith Gardiner (No. 3) of the first part, the said Sir James Whalley Smith Gardiner (No. 2) of the second part, Dame Martha Gardiner of the third part, and Henry Denton of the fourth part.

53. The due enrolment thereof in the Court of Chancery on the 28th of August, 1834, pursuant to the Fines and Recoveries Abolition Act, 3 & 4 W. 4, c. 74.

54. The admission, at a Court duly held for the manor of Fareham, of the said Thomas Lister Parker and Streynsham Master, on the surrender of the said Sir James Whalley Smythe Gardiner (No. 2), to the copyhold premises to which he was admitted on the 3d of December, 1806.

55. The due execution by Sir James Whalley *Smythe Gar

*611] diner (No. 2) and James Whalley Smythe Gardiner (No. 3) of

an indenture bearing date the 26th of June, 1834, and made between the said Sir James Whalley Smith Gardiner (No. 2) of the first part, James Whalley Smith Gardiner (No. 3) of the second part, and Henry Denton of the third part.

56. The due enrolment of the last-mentioned indenture on the 7th of August, 1834, on the Court-rolls of the manor of Fareham, pursu ant to the Fines and Recoveries Abolition Act.

57. The due execution by Sir James Whalley Smythe Gardiner (No. 2) of indentures of lease and release bearing date respectively the 25th and 26th of June, 1834, and made between Sir James Whalley Smythe Gardiner (No. 2) of the one part, and James Whalley Smythe Gardiner (No. 3) of the other part, being a mortgage for 20,0001.

58. The due execution by the said James Whalley Smythe Gardiner (No. 3) of indentures of lease and release bearing date respectively the 13th and 14th of July, 1834,-the release being endorsed upon the last-mentioned indenture of the 26th of June, 1834, and being made between the said James Whalley Smythe Gardiner (No. 3) of the first part, Henry Eyres Landor and George Kinderley of the second part, and Henry Denton of the third part; being an assignment of the last-mentioned mortgage to the said Henry Denton, in

trust.

59. The due execution by the said James Whalley Smythe Gardiner (No. 3) of an indenture, also endorsed upon the said last-mentioned indenture of the 26th of June, 1834, and made between the said James Whalley Smythe Gardiner of the first part, the said Henry Denton of the second part, and Henry Eyres Landor and George Kinderley of the third part, and Sir James Whalley Smythe Gardiner of the fourth part, whereby the said mortgage of 20,000l. was reduced to the principal sum of 14,000.

*612]

60. The due execution by Sir James Whalley Smythe Gardiner (No. 2) of indentures of lease and release respectively made between the said Sir James Whalley Smythe Gardiner (No. 2) of the one part, and the said Thomas Lister Parker and Streynsham Master of the other part, being a mortgage for the sum of 30,0721. due to the said Thomas Lister Parker and Streynsham Master, as before stated.

61. The due execution by the said James Whalley Smythe Gardiner (No. 3) of an indenture bearing date the 14th of July, 1834, and made between the said James Whalley Smythe Gardiner (No. 3) of the first part, Frances Elizabeth Whalley Smythe Gardiner, Barbara Whalley Smythe Gardiner, and the plaintiff, of the second part, and Henry Eyres Landor and George Kinderley of the third part, being a mortgage by James Whalley Smythe Gardiner (No. 3) of his reversion in fee for 40,000l.

62. The due execution by the said James Whalley Smythe Gardiner (No. 3) of an indenture bearing date the 14th of January, 1835, and made between the same parties as the last-mentioned indenture; being a further charge of 20007.

63. That, by two several indentures bearing date respectively the 25th of March, 1835, and the 1st of February, 1837, and respectively

made between the said James Whalley Smythe Gardiner (No. 3) of the first part, the said Sir James Whalley Smythe Gardiner (No. 2) of the second part, the said Dame Martha Gardiner of the third part, William Henry Ashhurst and George Kinderley of the fourth part, Barnard Hale of the fifth part, Henry Denton of the sixth part, Henry Eyres Landor and George Kinderley of the seventh part, George Herbert Kinderley of the *eighth part, and George Edward Cottrell [*613 of the ninth part, the latter of such deeds being duly enrolled on the 20th of February, 1837, in pursuance of the 3 & 4 W. 4, c. 74,— the estate in tail male in reversion of which the said James Whalley Smythe Gardiner (No. 3) was seised or entitled to, such of the said hereditaments at Tackley as were in the possession of Dame Martha Gardiner as herein before admitted, and all limitations over, were barred and destroyed, and the same hereditaments were, subject to the life estates of the said Dame Martha Gardiner and of Sir James Whalley Smythe Gardiner (No. 2), conveyed and limited to the use of the said James Whalley Smythe Gardiner (No. 3) and his heirs, in fee simple.

64. The due execution by the said James Whalley Smythe Gardiner (No. 3) of an indenture bearing date the 31st of July, 1835, and made between the said James Whalley Smythe Gardiner (No. 3) of the one part, and William Henry Ashhurst and George Kinderley of the other part; being a mortgage of the said reversion for 68677. 18s. 7d. and interest.

65. The due execution by the said James Whalley Smythe Gardiner (No. 3) of an indenture bearing date the 27th of December, 1836, and made between the said James Whalley Smythe Gardiner (No. 3) of the one part, and Sir William Domville, Bart., of the other part, being a mortgage by the said James Whalley Smythe Gardiner (No. 3) of his said reversion for the sum of 1500l. and interest; and that, out of the several sums amounting to 50,3677. 18s. 7d. raised by mortgage as aforesaid, 19,1517. 78. 7d. or thereabouts was applied in taking up charges and encumbrances created by Sir James Whalley Smythe Gardiner (No. 2) on the tithes and on the 70 acres of freehold and 235 acres of copyhold land mentioned in admission No. 66; and that such charges and encumbrances *were transferred to trustees for the benefit of James Whalley Smythe Gardiner (No. 3).

[*614 66. That, shortly after the date of the said indentures of mortgage of the 25th and 26th of June, 1834, the said James Whalley Smythe Gardiner (No. 3) entered into possession as mortgagee for the life of his father the said Sir James Whalley Smythe Gardiner (No. 2) of all the hereditaments then unsold of which the said Sir James Whalley Smythe Gardiner (No. 2) was then tenant for life under the limitations contained in the settlement of the 31st of July, 1807, as also of Mills, Castells, and Jemmetts, and also entered into possession as mortgagee of certain freehold tithes held for three lives, and of certain other lands and hereditaments in the parish of Fareham, comprising about 70 acres of freehold and 235 acres of copyhold land of which the said Sir James Whalley Smythe Gardiner (No. 2) was owner in fee-simple, and which tithes and lands were purchased by him in or previously to the year 1811, as to the tithes, for 87407., and, as to the lands, for sums amounting in the aggregate to 15,4607. or thereabouts, and were