Calthorpev.  May  (•),  15 Feh.,  1711 ;  29  April,  1712.  Upon  readingthe
petition  of  Thomas  Wyse,  a  minor,  son  and  heir  of  Francis  Wyse,  late  of
Waterford,  in  Ireland,  Esq.,  deceased,  by  his  guardian,  Richard  Dalton,
gent.,  relating  to  a  judgment  of  this  House  of  5  Dec.,  1807,  in  a  cause
between  Richard  Calthorpe  and  Samuel  Batteley,  appellants,  and  Sir  AU
gemon  May,  respondent ;  it  was  ordered,  that  the  said  petition  do  lie  on
the  table,  pursuant  to  a  Standing  Order  of  the  House  of  the  14  Feb.,
1694  (').  It  was  afterwards  referred  to  a  committee,  who  reported  their
opinion,  that  their  lordships  should  be  pleased  to  declare  that  the  order
and  judgment  of  the  House  upon  hearing  the  appeal  did  not  extend,  nor
ought  to  haye  been  conmdered  to  extend,  any  further  than  to  conclude
or  bind  the  respondents  to  the  said  appeal,  or  any  persons  who  did  or
might  claim  under  them,  since  the  bill  in  the  Court  of  Chancery  in  Ireland
exhibited  ;  and  that  therefore  in  case  the  petitioner's  father  had  by  colour
of  their  lordships'  said  order  been  turned  out  of  possession  of  any  lands
which  he  was  in  possession  of  at  the  time  of  exhibiting  the  said  bill,  he
being  no  party  to  the  suit,  the  petitioner  ought  to  be  restored  to  the
possession  thereof  and  to  the  mesne  profits  received  or  accrued  since
the  time  his  father  was  so  put  out  of  possession,  in  case  the  petitioner
would  have  been  entitled  thereto  if  his  father  had  continued  in  posses-
sion ;  and  that  the  Court  of  Chancery  in  Ireland  should  order  the  same
to  be  done  accordingly ;  which  report  being  read  and  agreed  to,  it  was
ordered  accordingly.
