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the time given for shewing cause, was improperly brought: and therefore it was ordered, that the same should be dismissed; and that the appellant should pay to the respondents £50 for their costs in respect of the said appeal. (Jour. vol. 25. p. 480.)

In 1676, John Vernon, son of General John Vernon, brought his bill in the Court of Chancery in Ireland, against Colonel Edward Vernon, John Carter, Thomas Ferris, Anthony Knightsbridge, and Giles Martin, setting forth (amongst other things) that in 1653, John Blackwell, esq. upon the propositions and acts of parliament for advancing money on the rebels lands in Ireland, had for his money, bonâ fide paid, the town and lands of Clontarff, with the island adjoining, and the Upper and Lower Hollybrooks, in the county of Dublin, being in all 609 acres 3 roods and 24 perches of profitable land, plantation measure, set out and assigned to him and his heirs, towards satisfaction of £2700 by [441] him advanced by way of adventure; to be held by him and his heirs for ever. That Blackwell, being thus possessed of the said premises, sold the same for a valuable consideration to General Vernon, and his heirs; who became possessed thereof, and laid out in buildings, and other improvements thereon, £1500, and continued in possession thereof till after the restoration. That soon after that event, General Vernon applied to Colonel Vernon, (who had an interest with King Charles II.) to get the said estates secured to him by the King, which the Colonel agreed to undertake; and being desirous to buy the lands of Clontarff and the island, proposed to give £1600 for the same, which the General agreeing to, a writing was, on the 22d of September 1660, drawn and signed, whereby the General promised, on the Colonel's paying £1600 down to him, in fourteen days, to convey the said lands of Clontarff, (the house and lands of Hollybrooks, being eighty acres, excepted,) to the Colonel and his heirs; otherwise the said agreement, and all treaties about it, were to be void and the Colonel was, by such means as he thought proper, to secure the said premises; but the grant was to be taken in the Colonel's name, in trust for the General, unless only as to the said lands of Clontarff, which were so purchased by the Colonel as aforesaid, if he paid the said £1600. That on the 26th of November 1660, Colonel Vernon, in pursuance of the said agreement and trust, procured a grant, by letters patent, of all the said premises, from his then Majesty, to him and his heirs; and by the acts of settlement, those letters patent were confirmed; and amongst the saving of rights it was expressed, that the right of Blackwell, his heirs and assigns, and all claiming under him and them, should be particularly excepted, and not be saved: but this was so done, purely that the success of the adjudication of setting out Blackwell's adventure or incumbrance, might not prejudice the said letters patent; and not out of any intention to destroy or avoid the said trust, but to confirm and secure the same. That the Colonel having obtained the said letters patent, and the same being confirmed by the act of settlement, during the sitting of his Majesty's Commissioners, he put off reconveying the said premises to the General and his heirs, or going on with the purchase; pretending, that till it was ascertained, whether the old proprietor, or his issue, would be restored, it was best to leave the interest thereof in the Colonel, according