[from Advocate's Notebook, 1847]

LIBER SCACCARIUS, 2nd February, 1720.

At a Court, holden at Castle Rushen, 9th February, 1720.

TRUSTEES of THOS. LOONEY’S FIRST WIFE’S CHILDREN v. ELIZABETH LOONEY, SECOND WIFE and WIDOW.

Upon the hearing the matter in difference betwixt the trustees for the children (by the first wife) of Thomas Looney, late of Castletown, deceased, and John Taubman, in behalf of Elizabeth Looney widow, second wife of the said Thomas Looney, concerning the said widow’s interest to a certain purchase formerly made by the said Thomas Looney, in Balahuggel. It appears by contract of marriage made betwixt the said Thomas and Elizabeth Looney, bearing date the 10th January, 1712, lawfully confirmed by the Court, that the said Elizabeth Looney, widow, hath a good right to the one moiety of the said purchased lands during her life or vicinity, in consideration she relinquished and gave up her interest to her fourtht part which she had a right to by law in respect of her marriage with the said Looney, and that thereby the whole was to fall and come to his said children, after her decease in case she survived him, as he should settle or bequeath the same ; and notwithstanding the allegation was now made by the said trustees that they paid off and discharged a certain mortgage or incumbrance upon the premises, which they insist upon she ought to account for and pay them, for the said children’s use, before she enters upon the same ; yet the Court looks upon that redemption to have been made in behalf, and for the use of, the said children, in regard that the right of the whole falls to them after the said Elizabeth Looney’s decease, who is to hold the same only during her life or viduity, as before mentioned Therefore it is ordered by the Court that the said John Taubman do enter upon, possess and enjoy the said moiety of purchased lands aforesaid, in right of the said Eizabeth Looney, widow, according to his bargain. of setting from her to that purpose.

ALEX. HORNE.

EXCHEQUER BOOK, 19th June, 1796.

To the Hon. James Murray, Esq., Governor of this Isle.

Whereas the ordinary and spiritual officers are by the Act of 1643, upon their proving the will of a deceased, or decreeing administartion of the effects, to take sufficient security for the payment of debts according to the inventory, your Honour will please to lay before the Deemsters and Twenty-four Keys the following viz. :—

When a will is proved and administration taken at York, and the executor pursuant thereto claims actual possession of the assets within the Isle, whether such executor shall not be obliged to give pledges here by virtue of the law abovementioned

THOMAS, SODOR and MANN.

June 19th, 1736.

The Deemsters and Keys of this Isle, are hereby required to consider the above query, and with all convenient speed to come to a resolution and answer the same, according to the laws of this Isle in this behalf.

J. MURRAY.

To the two Deemsters and twenty-four Keys of the said Isle.

We, the Deemsters and Keys, having considered this query, are of opinion that all claims against executors or administrators for debts due in this Isle from deceadants, although the will be proved or administration taken at York, are properly cognizable in the Spiritual Court according to the law and custom in such case. And if such executors or administrators, under probate or administration from the Prerogative Court at York, become possessed of the assets of the deceased, and should attempt to remove them off the Island before the claims are proved and the debts discharged, we say the creditors may prevent the same, and detain them by laying an action of arrest till such claims be fully proceeded on and determined.

Charles Moore,
Daniel Mylrea

Castletown, July 2nd, 1736.

EXCHEQUER BOOK, 5th September 1736.

KELLY and OTHERS, EXPARTE.

To the Hon. Thomas Horton, Esq., Governor of this Isle.

The humble Petition of Thomas Kelly, John Cain, Thomas Clague and William Clague, of Braddan, and William Cowley, John Ffaile, Robert Ffaile, Michael Ffaile, John Kelly, William Craine, William Kelly, Thomas Cowley, in behalf of Catharine Craine, an infant.

SHEWETH,

That there is a certain mountain bordering your petrs. called Carraghan, in the said parish, which was taken to rent by Creswick and Richardson, for the yearly sum of twenty-five shillings, who (being strangers) soon after left the Island and left no effects behind them to pay the said rent, whereby the said premises fell into our right hon. lord’s hands, whereupon the rent ceased ; and as your petrs. apprehend that no person came hitherto to offer the said rent, or treat with your hon. for the same but your petrs. last Saturday, who took licence on part thereof, which was adjoining to part of their quarterlands but have since considered that some people who have no other lands may happen to come and take the remainder, which, if it so happen, will be always pilfering on your petrs. and successors, and entirely impoverish them.

Your petrs. therefore humbly pray your Honour to take the same into consideration, and that as they are come to a resolution to take the whole and pay rent thereof, commencing at Michaelmas next, that they may be admitted tenants for the same on the same rent and composition as the said Creswick and Richardson formerly agreed for, which granted, they, as in duty fully bound, shall ever pray, &c.

At Castle Rushen, the 5th Sept. 1735.

Whereas the above named Creswick and Richardson who took the said mountain, called Carraghan, to rent in Anno 1724, soon after left the Isle, and left no other provision to pay or discharge the said rent. And the Moar having, according to the custom of this Isle, made publication at the parish church three several Sundays (pursuant to order and sanction from the government for so doing) for them the said Henry Creswick and Samuel Richardson, or some friend, relation, or any other person or persons in their behalf, to come in and pay the said rent, or otherwise that the premises should be seised and declared to be in the lord’s hands for want of payment thereof; yet neither they or any in their behalf came to pay the said rent, and return being made of such publication, the said Moars had an allowance in their accounts for the said rent, as appears by the affidavits taken the 30th August last, herewith recorded. And it likewise appears by the accounts of the revenue, Anno 1725, that the premises hath been in his lordship’s hands for arrears and want of payment of the rent from that time, and still continues so ; and the rent annually allowed the several Moars in their accounts with his lordship accordingly, no tenant having been hitherto found for the same until the petrs. have now proposed and offered to take it on the rent by this their petition. And we, the Governor and officers of this Isle, whose names are subscribed, having considered the petition and proposal by them made, do hereby approve thereof, and do order and allow the petrs. to be admitted and become tenants to and for the said mountain, called Carraghan, in the said parish of Braddan. They and their successors, as they have now agreed and engaged, paying the said yearly rent of twenty-five shillings for the same, commencing from Michaelmas next, and to pay likewise the sum of fifty shillings to his lordship’s use for their admission to the right and tenancy of the premises as by them also agreed, and so to enjoy the same to them and their assigns by customary tenant right as the law in such cases directs.

Signed,
THOS. HORTON,
WM. STANIER,
CHARLES STANLEY,
WM. CHRISTIAN,