case Lord DUNSANY and other appellant catherine Plunkett widow respondent that  may where advantage be make of money secure by a statute staple interest shall  be carry beyond the penalty order of the Irish chancery affirm see treatise of  equity lib c sec and note at the end of this title p infra viner vol p e can  Eq can ab b can on the marriage of mary the daughter of Edward Plunkett Esq  with James Woolferston Esq the say Edward Plunkett and Christopher Plunkett  afterward Lord Dunsany his old son and heir apparent on the that of August  acknowledge a brown statutestaple of pound to the say James Woolferston for  secure the payment of pound as the marriage portion of the say mary Plunkett  on the that of march Mr Woolferston make his will and thereby give pound the  residue then due of the say portion to his wife to be dispose of to the use of  his child and appoint her his executrix the testator soon afterward die leave  issue George who die a minor without issue and the respondent Catherine  whereupon the say mary Woolferston the widow prove the will and soon afterward  marry sir brien ONeille Bart father of the appellant sir Henry ONeille and  Eleanor Evers in February after the death of Edward Plunkett sir brien ONeille  and dame mary his wife sue out two extent upon this statutestaple one direct  to the sheriff of cavan and the other to the sheriff of meath and it appear by  two several inquisition take upon these extent that the say Christopher Lord  Dunsany be seize in fee of several land in the say county of cavan and meath  possession of the same be deliver to sir brien ONeille and dame mary his wife  by virtue of two liberate sue out for that purpose James Plunkett have marry  the respondent Catherine he in the year exhibit a bill in the name of himself  and his say wife in the court of chancery of Ireland against the say sir brien  ONeille and his wife for a account of the money receive by they out of the  extend land to which bill sir brien ONeille and his wife put in their answer  and thereby submit to account for the profit of the say land and accord by a  decree make in that cause on the that of February it be refer to three of the  master of the say court to certify how they find the say account on the that  of may the master make their report and thereby certify that sir brien ONeille  and his wife have in payment of the debt and funeral charge of the say James  Woolferston and in the maintenance of the say George Woolferston and the  respondent Catherine and in extend the say land lie out pound S and that they  crave interest for the same from the respective time of payment as also a  allowance of pound for the cost of seventeen suit bring against they as  executor of the say James Woolferston on the that of June follow the cause be  hear upon this report when it brown er p be order that the master shall  examine when the say sum of pound S and the other charge be lie out and that  sir brien ONeille and his wife shall have interest allow they from the time of  their respective disbursement and shall produce before the master the bill of  cost in the several suit bring for the say James Woolferstons debt that the  master may judge of the expense and the necessity of those suit but the war of  Ireland come on soon after there be no further proceed in this suit brown in  Christopher Lord Dunsany die without issue by who death the extend land  descend to the appellant Randal Lord Dunsany his brother and heir on the that  of October dame mary ONeille make her will and appoint the appellant sir Henry  ONeille and Eleanor Evers executor thereof and both she and sir brien her  husband die soon afterward the executor duly prove this will and also obtain  letter of administration of the good and chattel of James Woolferston  unadministered by dame mary ONeille in her lifetime soon after the surrender  of Limerick the say James Plunkett the respondent husband go into France where  he afterward die and on the that of April the respondent exhibit her bill in  the court of chancery in Ireland against the appellant for a account and  relief touch the say statutestaple the appellant sir Henry ONeille Edward  Evers and Eleanor his wife by their answer to this bill insist that sir brien  ONeille and dame mary his wife expend to the value of the pound give by James  Woolferstons will before the land be extend and that the say dame mary their  mother be by the custom of Ireland entitle to a three part of the say  statutestaple they also say that in February they come to a account with the  appellant the Lord Dunsany touch the say statutestaple and it be compute that  the sum of pound be then due thereon his lordship do then pay and secure to  sir Henry ONeille pound and the remain pound to Eleanor who thereupon release  the say statutestaple and acknowledge satisfaction thereof upon record on the  d of June this cause be hear before the Lord chancellor of Ireland when it be  refer to a master to state and settle the account between the respondent and  the appellant and to make all just allowance and report any matter he shall  think fit special accord on the that of February follow the master make a  special report and thereby certify that the respondent insist that the account  shall be state from February at which time pound be admit to be due on the  statutestaple but that the appellant insist that the plead deposition report  and order make in the suit wherein the respondent and her husband be plaintiff  and sir brien ONeille and dame mary his wife be defendant shall bind the  respondent and that the account shall be state on the foot of those proceed  the cause be hear on the that of the same month of February upon this report  it be order that the pound which be the balance start in shall stand as the  balance then due on the statutestaple and that the master shall report how  much be pay or disburse by sir brien ONeille and his wife sir Henry ONeille  and Edward Evers or his wife on account of brown the debt of the say James  Woolferston and how much any of they have receive upon the statutestaple on  the that of February the cause be reheard upon the respondent petition when it  be order that she shall be admit to make her charge from the beginning and  that the appellant shall be at liberty to discharge themselves and in state  the account to make use of the proof plead report and order in the former  cause and also in another cause institute in the court of exchequer in Ireland  wherein the say James Plunkett and the respondent be plaintiff and Robert  Woolferston be defendant and the appellant be likewise at liberty to make use  of the plead and proceed in certain action bring against sir brien and his  wife by the creditor of the say James Woolferston or prosecute by they against  the say creditor and this order be afterward confirm upon a rehear procure by  the appellant brown er p the master by his report of the that of June certify  that the several sum mention in the report of the that of may amount to pound  S and the interest thereof from the several time the same appear to he to have  be expend to the saint of February when the land be extend by sir brien  together with pound S d expend by he and his wife in several lawsuit on  account of the say James Woolferstons debt amount to pound S d that sir brien  have from the time of sue out the extent receive the interest of the say pound  during his life and that the say sir Henry ONeille and Eleanor Evers receive  or may have receive the interest thereof ever since that he have therefore  charge they with interest for the say pound from the saint of February to the  saint of February and that the Lord Dunsany be indebt for the say principal  sum of pound and the interest thereof from the that of march to the saint of  February in pound S d and for the interest thereof from the saint of February  to the saint of February in pound amount in the whole to pound S d which be  add to the sum of pound expend in extend the land make the whole due on  account of the statutestaple for principal interest and cost on the saint of  February pound S d the master further certify that the appellant Lord Dunsany  have pay to the other appellant and those under who they claim before the  saint of February pound S d and since that time pound S and that he have pay  or ought to have pay they from the saint of February out of the extend land  pound S d amount in the whole to pound S d which be deduct from the say sum of  pound S d there remain in the hand of the Lord Dunsany pound S d the master  then report special that the say James Plunkett in the year borrow pound of  sir brien ONeille and for secure the payment thereof give a bind in the  penalty of pound and that the Lord Dunsany brown lend the respondent pound for  which she give he her bind both which bind be run out and that sir Henry  ONeille likewise lend the respondent pound in for which she give a bind in the  penalty of pound to this report the appellant file several exception saint for  that the master in compute interest for the principal sum of pound charge the  Lord Dunsany beyond the penalty of the statutestaple contrary to the method of  calculate on speciality and do not in state the account make a rest at the  time of pay and expend the several sum amount to pound S which be make a fix  or principal sum by the report of the that of may and that the master ought to  have charge the Lord Dunsany with interest only for the balance remain due of  the pound after such payment and disbursement d for that the master ought not  to charge the Lord Dunsany with pound for the charge of extend the land he  have no proof lie before he to warrant such a charge d for that the master do  not certify that in the order of the that of June there be a save of such  right as dame mary ONeille may have to a three part of the pound by the custom  of Ireland if any such custom shall appear to have be then in force that for  that the master make the Lord Dunsany debtor to the respondent in pound S d  though she do not entitle herself to such demand either as executrix or  administratrix of her husband or her brother George Woolferston that for that  the master do not allow the appellant sir Henry ONeille and Eleanor Evers as  executor of dame mary the cost of tile former cause the respondent have  commence a new suit instead of revive that former cause and that for that the  master do not allow interest for the sum of pound and pound S in his report  mention from the time of payment thereof to the time of close the account on  the that and that of November the cause be hear on these exception and the  report when the exception be overrule and it be order that the appellant shall  be allow the several penalty of the bind the cause be reheard on the that of  November it be order that the appellant sir Henry ONeille and Edward Evers and  Eleanor his wife shall stand charge with the sum of pound S d as what be  receive or may have be receive by sir brien ONeille and his wife in their  lifetime and the say appellant since their death out of the Lord Dunsanys  estate and that the sum of pound and pound mention in the report shall be  allow in the brown er p account between the respondent and the appellant sir  Henry and Edward Evers and not to the Lord Dunsany and that the master shall  settle the account accord to the direction then give and the direction of the  several former order the appellant conceive themselves aggrieve by these two  last order bring the present appeal and on their behalf it brown be insist t  Lutwyche S Cowper that the appellant Lord Dunsany for a valuable consideration  fair obtain a release of the say statutestaple from the legal representative  of the cognizee have pay pound for the same and therefore the court after such  a length of time ought not to have decree any account against he but so far as  he be concern the bill ought to have be dismiss that the respondent and her  husband have file a former bill and it not be prove that he be dead though  that fact be put in issue she ought not to have have any relief upon her  present bill that if the appellant Lord Dunsany have be Accountable to the  respondent yet she have consent to take the account from the year when the  pound be pay to the proper administrator she ought not to have be release from  that consent but the account shall have be take from that time that the master  ought not to have compute interest on the principal sum of pound beyond the  penalty of the statutestaple and therefore the first exception ought to have  be allow and last that the six exception shall also have be allow because the  master have not carry on interest upon the sum disburse by sir brien ONeille  down to the time of close his report as he ought to have do on the other side  it be say c Talbot W peer William that the respondent be under a necessity of  proceed by original bill in this cause the Lord Dunsany be no party to the  former suit and that when his lordship obtain the release of the statutestaple  he have full notice that the respondent be entitle to what be due upon it the  benefit thereof have be give to her and her brother by their father will that  it do not appear by the proceed in the former cause that before any extent be  sue out sir brien ONeille and his wife administer all that be due on the  statute on the contrary it appear by the master report in the present cause  that there be due upon the statute on the saint of February pound S d and that  the whole money expend by sir brien and his wife together with the interest  thereof to that time amount to no more than pound S d that it also appear by  the report that the master have carry on interest for the several particular  sum which make up the sum of pound S from the respective time they be lie out  to the saint of February and it be also plain that sir brien and the appellant  sir Henry and Eleanor constant receive the interest of the pound out of the  extend land and that the principal and interest due at any one time never  exceed the penalty of the statute as to the allegation that dame mary be by  the custom of Ireland entitle to a three part of the money due on the statute  the appellant counsel be so sensible that there never be any such custom that  they waive this matter upon argue the exception but if there have be such a  custom dame mary have no reason to insist upon it for Mr Woolferston by his  will give her all his personal estate and pound per and for her life out of  his real estate and as to George Woolferstons share of the pound brown it  survive to the respondent by his death that by the report the appellant sir  Henry ONeille and Edward Evers be allow interest for the several particular  sum make up the pound S expend by sir brien from the respective time they be  lie out until Lord Dunsanys estate be extend and from the time that sir brien  be put into possession thereof he receive thereout a great deal more than the  interest of the say pound S and the appellant be allow the full penalty of the  three several bind give by the respondent and her husband for the sum lend  they the order therefore complain of be so just it be hope they will be affirm  and the appeal dismiss with exemplary cost when this appeal come on to be hear  the counsel for the appellant instead of argue in support of it acquaint the  house that they be Willing the same shall be dismiss and the respondent  counsel consent thereto it be order and adjudge that the say appeal shall be  dismiss and the order therein complain of affirm jour vol p brown er p