Page:The English Reports v1 1900.pdf/606

appellant, and from which, in a Court of Equity, the respondent ought on that account to be delivered.

After hearing counsel on this appeal, it was ordered and adjudged, that in the said decree, after the words, ["set aside,"] these words should be inserted, ["and that the respondent do execute a surrender of the said agreement or lease, to the appellant; and that such surrender be settled by one of the barons of the said Court of Exchequer in Ireland, in case the parties differ about the same;"] that after the words ["account with the said Sir Richard Meade for,"] these words ["what he made, or might have made without his wilful default"] should be left out, and instead thereof these words ["the rent of the said lands and premises after the rate of £260 per ann. with such deductions as are hereinafter-mentioned "should be inserted; and that after the words, ["to the time of the surrender thereof,"] these words should be inserted, ["and in case the respondent shall have surrendered and yielded up to the appellant the possession of the said lands, at any time, not being one of the half-yearly days whereon the said rent is by the said agreement or lease reserved to be paid, then the said account of the rent of £260 per ann. is to be carried on to the next half-yearly day of payment, after the time of yielding up the said possession, as aforesaid;"] and that after the words ["all just allowances,"] these words should be also inserted, ["and let the Chief Remembrancer, or his Deputy, set a yearly value on such part of the demised lands and premises, as the respondent could not have the possession and enjoyment of, and make a proportionable deduction for [314] the same out of the said rent: "] and it was further ordered, that the said Court of Exchequer should give all such directions as should be necessary and proper, for carrying this judgment into execution: and it was further ordered and adjudged, that with these variations and additions, the said decree should be affirmed. (Jour. vol. 26. p. 371.)

Sir Maurice Eustace, being mortgagee in possession of the lordship of Baltinglass, in the county of Wicklow, took upon him to make leases of the estate; and by indenture, dated the 24th of April 1683, he demised the lands of Ballynure, part of the said lordship, containing by estimation 1004 acres, to Joseph Parrett and his heirs, for the lives of Peter Parrott, his son, and Joshua Parrott and Thomas Litchfield, two of his grandsons, at the yearly rent of £150, with a clause of renewal for ever, upon the determination of any and every life then and thereafter to be inserted at the nomination of the lessee, upon payment of £100 as a fine for each life so to be inserted: and it was thereby provided, that if such nomination and payment was not made, from time to time, within the space of six months after the death of any and every of the said persons; then it should and might be lawful to and for the said Sir Maurice Eustace, his heirs and assigns, into the said demised premises to re-enter; and the same to have again, re-possess, and enjoy, as in his and their former estate.

James Carroll, esq. the respondent James's grandfather, having a right to the equity of redemption of the premises, in Trinity term 1683, preferred his bill in the Court of Chancery in Ireland, against Sir Maurice Eustace for a redemption, which was accordingly decreed; but the lease to Parrott was confirmed. And this decree was, on the 21st of March 1699, affirmed, upon an appeal to the House of Lords. (Jour. vol. 16. p. 555.)

Joseph Parrott, the original lessee, let out several parcels of the land to under-tenants for the same lives, but at an advanced rent; particularly, he demised one parcel, containing about 600 acres, to Richard Clarke, at a rent of £100 per ann.