DIE Jovis, 21 Martii.
Domini tam Spirituales quam Temporales præsentes
Epus. Cov. & Lich.
Epus. St. Asaph.
Dux Devon, Ds. Senescallus.
Ds. Willughby Er.
Ds. Howard Esc.
Ds. Berkeley St.
John Earl of Bridgewater sat Speaker.
vice lecta est Billa, intituled, "An Act for
taking the Estate in Law of several Messuages and
Lands mortgaged to Jeffrey and Edward Howland,
and their Heirs, out of Wriothesley Russell, commonly called Lord Marquis of Tavistock, and his
ORDERED, That the Consideration of the said Bill
be committed to the Lords following; (videlicet,)
Ds. Howard Esc.
Their Lordships, or any Five of them; to meet
on Tuesday next, at Ten of the Clock in the
Forenoon, in the Prince's Lodgings near the
House of Peers; and to adjourn as they
please: The House being moved, "That, in
regard of the Shortness of this Session,
the Committee might meet sooner than by
their Standing Order they ought to have
Carroll versus Sir M. Enstace, et è contra:
After hearing Counsel this Day, upon the Petition
and Appeal of James Caroll Esquire, presented to this
House the Fifteenth of January last, from a Decree
made in the Court of Chancery in the Kingdom of Ireland, the Seventeenth Day of July last, after hearing
Counsel, the Two and Twentieth and Six and Twentieth Days of June, One Thousand Six Hundred Ninety-nine, in Cross Causes, wherein the Petitioner was
Plaintiff, and Sir Maurice Eustace Defendant; and the
other, wherein the said Sir Maurice Eustace was Plaintiff, and the Petitioner Defendant; whereby it was
"That the Petitioner should be admitted to redeem
the Premises in Question, against the Respondent, and
all claiming under him, on the following Terms, and
no other; (videlicet,)
"That he shall pay Sir Maurice Eustace all the
Considerations paid by him to the Executors of
Mr. Abdy; and all that he bona Fide paid to the
Coheirs, before the exhibiting the Petitioner's Bill
for the Purchase of the said Estate, so as such Payment was not agreed to be made by assigning any
Part of the Lands in Question, in which Case the Petitioner was not to pay the same; and that, if Sir
Maurice Eustace did bona Fide pay any Sum or Sums
of Money to any of the Tenants of the Lands in
Question, to purchase in the Interest of their Leases,
whereby the Estate is advantaged at present, then
the Petitioner should pay a Proportion of such Sums,
according to the Advantage he should receive, together with the Defendant's Costs in the Court of
Chancery (but not at Law); and that the Petitioner
should confirm all the Leases bona Fide made by the
said Sir Maurice, for valuable Considerations, before
filing his Bill, which was on or about the Ninth of
June, One Thousand Six Hundred Eighty-three;
and also that the said Sir Maurice should not account
with the Petitioner for any Part of the Mesne Profits
to the Time of the said Decree, nor to have Interest for any Sums of Money by him paid;" and
"That Part of the said Decree may be taken
into Consideration; and that the Errors therein complained of may be corrected and reversed:"
As also upon the Answer of the said Sir Maurice Eustace put in thereunto; and due Consideration of what
was offered thereupon:
It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so
much of the said Decree of the Seventeenth of July,
One Thousand Six Hundred Ninety-nine, as relates
to the Petitioner's James Caroll's redeeming of the
Premises in Question, shall be, and is hereby, affirmed;
and that the Petitioner shall be admitted to redeem the
Premises in Question; and that Sir Maurice Eustace
account to the said James Caroll for the Mesne Profits
by him received during the Time he enjoyed the
mortgaged Premises in Question; and shall also account for any Fines received by him, upon his making
new Leases to any Part of the mortgaged Premises,
which Leases the Appellant James Caroll is hereby ordered to confirm; and also that Sir Maurice Eustace be
allowed Interest during the said Time, for which he is
to account for the Profits; and that Mr. Caroll shall
not re-pay the Money which Sir Maurice Eustace paid
to the Coheirs, for purchasing in their Interest in the
Estate in Question: And as to the other Parts of the
said Decree, except what is hereby altered, the said
Decree is hereby affirmed; and this the Court of
Chancery in Ireland is to direct to be done and executed accordingly.
And whereas the said Sir Maurice Eustace did, on
the Seventh Day of March Instant, present to this
House a Petition and Appeal against the said Decree,
upon Pretence that James Caroll had no Right to redeem the Premises in Question; to which Mr. Caroll
put in his Answer the Ninth Instant; and after Consideration of what was offered thereupon:
It is also ORDERED and Adjudged, That the
said Petition of Sir Maurice Eustace shall be, and is
hereby, dismissed this House; and that the Decree
therein complained of (so far as it relates to James Caroll's redeeming of the Premises in Question) shall be,
and is hereby, affirmed.
Joh'es Comes Bridgewater, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad
et in diem Veneris, (videlicet,) vicesimum secundum diem
instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.