[From Lex Scripta, 1819]

At a Tynwald Court holden at St. John's Chappel the sixteenth Day of May Anno Domini one thousand seven hundred and thirty-eight, before the Honourable James Murray, Esquire, Governor, the Councel, Deemsters, and Keyes now assembled.

An ACT, for the Limitation of certain Actions, and Claimes for Debt, Trespass, and other Things, for avoiding of Suits in Law.

Whereas by a Statute enacted in the Year of our Lord one thousand six hundred and thirty-seven, the Time of comencing and suing Actions of Trespass, Actions of Debts without Specialty, of Assaults, Imprisonment, and other personal Actions, was limitted to certain Terms, as by the said Statute may fully appear; and the said Statute having, by an Ordinance of a Tynwald Court holden the twenty-fourth Day of June Anno Domini one thousand six hundred and sixty-one been put under Suspension with respect to Debts grounded upon lending, dealing betwixt Neighbours for Comodities, or Contracts of any Nature without Specialtys, and Publication then made that none should have the Benefit thereof until the Lord of the Isle should be acquainted therewith, to give his consent for the repealing of the same: And whereas this matter hath so rested, and not any Time since fallen under Consideration; and it being observed that great Detriments and Inconvenieneys have in Process of Time ensued by Reason of the Inconsistency between the said Statute and Ordinance, and by the Want of a Statute Law in force to regulate and limitt all Suits, Plaints, Claims, and Actions, transitory or personal, in the several Courts of this Isle, Spiritual and Temporal, especially with respect to Debts grounded upon Lending, Dealings betwixt Party and Party for Goods and Comoditys, and other Contracts and Demands without Specialtys, which are commonly sued for at most unreasonable Lengths of Time from the pretended Cause of Suit; and evil-disposed Persons, out of self-interested Designs, taking the Advantage of Survivorship, do often purposely delay such Suites till their adverse Partys be dead, and then claim and sue the Executors or Administrators in the Spiritual Court, with a View to become Evidences in their own Causes, and recover their pretended demands by their own Oaths, knowing they cannot then be confronted or detected; which Method of Recoverys being insisted on by Suitors as the accustomed Practice of that Court, some under pretext thereof oftentimes urge their Oathes even against Specialtys in Writing, and others who have eluded the Payment of their Debts, do then in like Manner take the Advantage of acquitting themselves by their own Oaths: All which being strong Temptations to Perjury, destructive to the rights of Orphans, just Creditors, and others, and tending to the Disquiet and Perplexity of the Courts, Magistrates and Ministers of Justice, holding Pleas of such Clairnes and Actions; for Remedy of such Prejudices for the Future, be it ordered, ordained, and enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. by and with the Advice and Consent of the said Governor, Council, Deemster, and Keyes of the said Isle, in this present Court assembled, and by the Authority of the same, That the said Ordinance of the Tynwald Court, held the twenty-fourth Day of June Anno Domini one thousand six hundred and sixty-one, shall stand absolutely repealed; and that for the Time to come all Actions of Trespass, or Plaints in Nature of Actions of Trespass, between Neighbours, comitted in or upon each other's Lands, Houses, Grounds, or other Propertys ; all Actions, or Plaints in Nature of Actions for wrongfull Detension of Goods, Cattle, or Effects ; all Actions, or Plaints in Nature of Actions for Goods delivered or lost; all Actions, or Plaints in Nature of Actions, of Accompts, and upon the Case, other than for Accompts current, which concerne the Trade of Merchandize, between the Merchants and Traders of this Isle, and Merchants and Traders beyond Sea, their Factors or Servants; all Actions, or Plaints in Nature of Actions, of Debt, grounded upon any Lending, Contract, or Demand, without Specialty; all Actions of Deceipt and Cossenage; all Actions, or Plaints in Nature of Actions, of Assault, Battery, Wounding, or false Imprisonment, or any of them; and all other Actions, transitory or personal, whatsoever, which shall be sued or brought in any of the Temporal Courts of this Isle, or before any Judge or Magistrate of the same, after the making of this Law, shall be comenced and effectually prosecuted within the Time and Limitation hereafter expressed, and not after; that is to say, the said Actions or Plaints of Trespass, the said Actions or Plaints of Detention, of Debt, Deceipt, or Cossenage, and of Goods delivered or lost, the said Actions or Plaints of Accompts, and upon the Case, (except for slanderous Words,) and other such like personal Accons, within two Years next after the making of this Law, or within three Years next after the Cause of such Action, Plaint, or Suit, and at no Time after; and the said Actions of Assault, Battery, Wounding, Imprisonment, and for slanderous Words, or any of them, within one Year after the making of this Law, or within two Years next after the Cause of such Actions, or Plaints in Nature of any the Accons aforementioned, and at no Time afterwards, any Law, Order, Custorne, or Practice to the contrary notwithstanding. Provided nevertheless, and be it further enacted, That if any Person or Persons that is or shall be intitled to any such Actions of Trespass, Detention of Goods delivered or lost, of Accompts, and upon the Case, of Debt, Deceipt, Assault, Battery, Wounding, Imprisonment, or Actions upon the Case for slanderous Words, or any other personal Action, be or shall be at the Time of any such Cause of Accon given, acerewed, come, or fallen, within the Age of twenty-one Years, under Coverture, Yon compos Mentis, Imprisoned, or beyond the Seas, that then such Person or Persons shall be at Liberty to bring the same Actions, (as others not under such Incapacitys might before have done), so as they take the Benefit thereof within such Times, after such their Imperfections are removed, as are liereinbefore limitted, and not otherwise; and if any Person against whom lyes any such Cause of Action or Actions, shall at any Time of such Cause of Suit acerewed be beyond Sea, then the Person intitled to such Suit may bring an Action after the Return of such Person, so as he brings the same within such Time after the Return as is respectively before limitted by this Act. And be it further ordained and enacted by the Authority aforesaid, That all Claimes and Probates of Claimes hereafter to be entered and made in the Spiritual Court of this Isle, against Executors or Administrators of Decedents, for or on Account of any the Causes of Suit before-mentioned, and more especially for Debts and other Demands of what Nature soever without Specialty, shall be entered, prosecuted, and made by Claimers within the Island in one Year, and by Persons beyond Sea within three Years from the Probat of the Will or granting Administration, and at no Time after; and then the Cognizance of such Claimes so entered to belong to the Temporal Court according to the Statute of Anno one thousand six hundred and sixty-five; but that no Decree, Judgment, Order, or Recovery shall at any Time be given, had, or made, by or upon any such Claim or Claimes in the Spiritual Court, nor afterwards in the Temporal Court, but within the Time and Limitation of four Yeares next after the Cause of such Suit or Claime by or for Island Claimers, and within five Years from the Cause of Suit or Claime by or for Claimers beyond Sea, and not otherwise; and that all other Suites, Controversies, and Matters of Contention, of what Nature soever, for or aeainst Executors, Administrators, or others, which hereafter shall be sued or brought in the Spiritual Court, shall be comenced and effectually prosecuted within one Year after the making of this Law, or within two Years next after the Cause of Suit, and at no Time afterwards, any Law, Custome, or Practice to the contrary in any wise Dot,Yithstanding: Provided nevertheless, that this shall not prejudice Orphans in seeking Restitution of their Goods secured under Pledges in the Hands of Parents, Guardians, or Supervisors, in Manner already directed by Law; nor Executors, or Administrators making real Discoverys of the Effects or Creditts of Deceadants, to fulfill their Inventorys, such Right being still reserved for them to be recovered as formerly accustomed, they making Oath before they shall obtain Process that such Effects or Creditts did not before consist with or come to their Knowledge, and that the Delay of timely Prosecution hath not been occasioned by Neglect. And to prevent litigious Suits and other InconvenieDeys, be it further enacted and declared, That it shall not hereafter be lawful for the said Courts or Magistrates, or any of them, to admitt of any Obligor or Party Defendant's Oath as Evidence against any Bill, Bond, Note, or otheic Specialty in Writing, to acquitt himself from the Payment thereof, otherwise than by a proper Receipt or Discharge for the same, any Custome or Practice to the contrary notwithstanding; provided always that this Act shall not be construed or understood to intrench upon the Rights or Prorogatives of the Lord of the Isle in any Suit, Plaint, Accon, or Claim, to which he is or may be intitled, the same being reserved and excepted, any Thing hereinbefore contained to the contrary notwithstanding. And be it enacted, That in all Complaints of slanderous Words the Party defamed, or any Informer of a Slander, shall be obliged to make a Declaration of the slanderous Words before a proper Judge or Magistrate within fifteen Days after the speaking or uttering of the same, in order to a Prosecution, otherwise such Complaints of Slander not to proceed at any Time afterwards.-(Signed) Dan. Mylrea, J. Murray, Tho. Sodor and.Man, Cha. Stanley, John Quayle, Will. Christian, and the twenty-four Keys.

Dunkeld, June 5th, 1738.

I do allow of and confirm this Act according to my Prerogative within my Isle of Man, and do order that the said Act be published on the Tynwald Hill according to ancient Forme and Custome of the said Isle.

ATHOLL and STRANGE.

At a Tynwald Court holden at St. John's Chappel the 24th Day of June Anno Domini 1738: The beforegoing Act was publickly proclaimed upon the Tynwald Hill according to the antient Forme and Costome of this Isle; as witness our Subscriptions.-
(Signed )- John Kippax, Cha Moor, Dan Mylrea, J.Murray, Thos Sodor and man, Cha Stanley, John Quayle, Will. Christian,- The Keyes-Tho Heywood, John Wattleworth, John Murrey, John garrett, John taubman, John Christian, Tho Stevenson, Cha Killey, John Christian, Robt. caesar, Will. Stevenson, Edward Christian, Will. Qualtrough, Richard Tyldesley, Quayle Curphey, John Moore, Matth. Christian, John lace, John Oates.