House of Lords Journal Volume 16: 21 March 1700

DIE Jovis, 21 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

John Earl of Bridgewater sat Speaker.

Howland's Bill.

Hodie 2^a 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 Lady."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

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 done."

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 decreed,

"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 praying,

"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:

Judgement affirmed,

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.

Adjourn.

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.