Page:The English Reports v1 1900.pdf/1478

maintained, out of the income or produce of their respective moieties of the clear surplus of the said personal estate, and of the rents and profits of the said intestate's real estate; and that the receiver who has been appointed by an order of the said Court of Chancery of the rents and profits of the said intestate's real estate, be continued till the further order of the said court, and pass his accounts before the said Master; and that the appellants the Earl and Countess of Buckinghamshire be at liberty to apply to the said court, for payment of what shall be coming to them upon the said account, for the said Countess's share of such rents and profits, in like manner as is before directed touching her share of the surplus of the said personal estate; and that what shall be found due to the appellant Jocosa Catherina Drury, for her share of the surplus of the said personal estate, and of the income and produce thereof, and for her share of the rents and profits of the said real estate, (after deducting thereout what shall be allowed for her maintenance and education as aforesaid,) be placed out upon government or real securities for her benefit, in the name and with the privity of the accomptant general of the said court; to be placed to his account in this cause, subject to the further order of the said court; and that the said Master enquire whether the same or any part thereof hath been already placed out on any such securities, and if the said Master shall find them to be proper, that the same be continued; and that so much of the appellant Jocosa Catherina's share of such rents and profits as are in the said receiver's [505] hands, and so much as shall hereafter be received by him for such share, be paid into the Bank, in the name and with the privity of the said accomptant general, to be placed to his account in this cause, for the said Jocosa Catherina Drury's benefit, subject to the further order of the said court; and that the said appellant Jocosa Catherina Drury be at liberty to apply to the said court, for payment to her of what shall be coming to her on the accounts before directed, or for the transfer or assignment of any securities, on which the same or any part thereof shall have been placed out, when she shall attain her age of 21 years, or be married: and that the said Master do enquire, whether any thing, and what, is proper to be allowed, for keeping up the mansion-house, park, and premises usually occupied therewith, during the minority of the appellant Jocosa Catherina Drury, and state the same, with his opinion thereon, to the said court. And it is further ordered, that in taking the several accounts before directed, the said Master do make to all parties all just allowances; and that all the parties be paid their costs of this suit to this time, to be taxed by the said Master out of the said intestate's estate; and that the consideration of the subsequent costs, and of all further directions, be reserved till after the said Master shall have made his report; and that all parties be at liberty to apply to the said Court of Chancery as there shall be occasion; and that the said court do give all necessary and proper directions for carrying this judgment into execution.

(Jour. vol. 30. p. 273. 277. 278.)

After judgment of ouster against the present plaintiff had been given, (1 Brown P. C. p. 194) Mr. Pender, without any other election, moved for and obtained a writ of mandamus from the court of King's Bench, directed to the present defendant, as being the last mayor of the borough of Penryn, before the election of Penhallow, commanding [506] him to administer to the said Peter Pender, the oath for the faithful execution of the said office of mayor, and the other oaths in such cases used, and also to admit and swear him into the said office, or shew cause to the contrary.