Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 24 Januaril.
Epus. Lich. & Cov.
Comes Godolphin, Thesaurarius.
Ds. Sommers, Præses.
Dux Newcastle, C. P. S.
Comes Pembroke, Admirallus.
Dux Buckingham & Normanby.
March. Kent, Camerarius.
Ds. Howard Eff.
Ds. (fn. 1) Crewe.
Lacy & al. Leave for a Bill.
After reading, and considering, the Report of the Lord Chief Justice of Her Majesty's Court of Common Pleas and the Lord Chief Baron of Her Majesty's Court of Exchequer, to whom was referred the Petition of John Lacy Esquire and Susanna his Wife, on Behalf of themselves and others; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:
Message from H. C. with a Bill.
Who brought up a Bill, intituled, "An Act for the speedy and effectual recruiting Her Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Nine;" to which they desire the Concurrence of this House.
Land Forces, &c. for recruiting, Bill.
Att. General versus Crofts & al.
After hearing Counsel, upon the Petition and Appeal of Her Majesty's Attorney General, from a Decree of Dismission made in the Court of Exchequer, in a Cause there lately depending, between Her Majesty's Attorney General Complainant, against Roger Crofts, John Smith, Job Allybone, Nevill Ridley, Dixwell Hungerford, Thomas Ange, Roger Woodcock, Robert Strickland, and others, Defendants, the Two and Twentieth Day of November last, and from several Orders and Directions made and given by the said Court in the said Cause; and praying the Reversal and setting aside of the said Decree of Dismission: As also upon the Answer of Roger Crofts Esquire, Job Allibone Gentleman, Nevill Ridley Esquire, Thomas Ange Gentleman, Roger Woodcock Gentleman, and Mary Maddison Widow, put in to the said Petition and Appeal; and due Consideration of what was offered thereupon:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of Dismission, complained of in the said Appeal, shall be, and is hereby, reversed; and that the Appellant, Her Majesty's Attorney General, be admitted to redeem the Premises in Question, paying what is due to the Respondents for the Principal Sum of One Thousand Pounds, with all Interest due for the same; and that the Respondents the Mortgagees accompt for the Profits of the mortgaged Estate received by themselves, or by Crofts, or any other Person whatsoever, other than the Crown, or those claiming under or authorized by the Crown, from the Time of the First Judgement of the Amoveas Manus to the Time of the Accompt (the Respondents either having received, or wilfully and by Collusion neglected to receive, the Profits, during such Time), and on such Accompt for the Profits, the Respondents are to have Allowance of all Monies already paid by Order of the Court, or otherwise, and all just Allowances; and that the Deputy Remembrancer of the Court of Exchequer make a Rest, and state if any Thing, and what, was due to the Respondents the Mortgagees at the Time of the Bill exhibited; and if it shall appear that the said Respondents were fully satissied all Principal and Interest due on their Mortgage at or before the Time of the Bill exhibited, then the Respondents are to have no Costs; but if otherwise, then the said Respondents the Mortgagees are to have Costs taxed, and allowed to them; and upon the Attorney General's paying, or causing to be paid, what shall so remain due to the said Respondents the Mortgagees, for Principal, Interest, and Costs, then the Respondents are to convey, or cause to be conveyed, to the Attorney General, or such as he shall appoint, all their Estate, Title, and Interest, in the Premises in Question; and to deliver Possession thereof, and all Deeds and Writings in their Custody or Power, relating to the Premises, to the Attorney General, or such as he shall appoint; and are hereby indemnified for so doing: But if it shall appear, on the taking of the Accompt above directed, that the Respondents the Mortgagees are over-paid, then they are to refund and pay to the Attorney General, or such Person as he shall appoint, all such Sums of Money as it shall appear they are over-paid, as aforesaid; and are also to re-convey, deliver Possession, and all Deeds and Writings, as aforesaid; and that the Court of Exchequer do take Care the same be done and performed accordingly.