[from Mills' Statutes, 1821]

An Act against Trespassing,

Whereas it is declared and provided by a Statute made in the Year 1667, That whosoever shall suffer his Goods to stray from his own Grounds, without one Herd to keep them from damnifying their Neighbours, and so become Trespassers on any Man's Ground, at any Time of the Year whatsoever, (except only such a Neighbour who fails in keeping his Part of the Fence, which by Law he is bound to maintaine with him,) shall for every Beast thus trespassing, and brought to the Pinfold, pay (besides the Lord's Due) to the Party damnifyed Fourpence for trespassing in the Summer and Twopence for Trespass in Winter as by the said Statute doth fully appear: Now for the better Explication of the said Statute, and for the farther preventing of Trespasses, be it therefore ordered, ordained, and enacted by the Authority of the Right Honourable the Lord of this Isle, the Governor, Officers, Deemsters, and 24 Keyes, that every Tennant, Farmer, or others, holding any Lands or Grounds within this Isle, shall for the future be obliged, either by Herding, Fenceing, or by some other Means, to keep their Cattle, Horses, Sheep, Goats, Swine, Geese, and all other their Goods whatsoever, upon their own Lands and Grounds, without suffering them to be Trespassers on their Neighbours, as is too frequently accustomed, both to the Discouragement of good Husbandry, and the creating of much Disquietness and Difference betwixt Neighbours; and if any Farmer, Tennant, or other Person, shall hereafter suffer his Cattle, Horses, Sheep, Goates, Swine, Geese, or any other Goods whatsoever, to go from his own Grounds and be found trespassing on his Neighbour's Lands, at any Time of the Year, without Liberty or Consent of his Neighbour, such Neighbour, or other Person, finding such Cattle, Horses, Sheep, Goates, Swine, Geese, or any other Goods whatsoever so trespassing on him (whether the Fences be statutable or not,) may lead, carry, or drive such Goods to the Pinfold; and before they be released or delivered out from thence by the Keeper of the Pinfold, the Owner of the said Goods shall (besides the Lord's and Pinfold Fees), pay and satisfy unto the Person impounding the said Goods Fourpence for every [179] Beast so trespassing from Lady-day in Lent to Michaelmas-day, and Twopence for every Beast trespassing betwixt Michaelmas-day and Lady-day afforesaid; and for every Goose trespassing betwixt Lady and Michaelmas to pay, besides the Lord's and Pinfold Fees, a Penny, and from Michaelmas to Lady-day a Halfpenny, and that to be accounted full Satisfaction for, the said Trespasses, unless it be such Trespasses as are sometimes done and comitted in standing Corne, or reaped Corne, Meadowing, or Hay mown in the Field or elsewhere; which Trespasses are always to be viewed and estimated by four sworn Men, and Satisfaction to be made according to the usual Course of Law: And it is further ordered, enacted, and declared by the authority aforesaid, That if any Person or Persons whatsoever shall at any Time hereafter rescew, or any Ways hinder any Goods to be impounded, and Oath thereof made before the Governor or either of the Deemsters, the Governor or Deemster before whom such Oath shall be made is hereby empowered to give Execution to levy all such Money for Trespass and Pinfold Fees, as if the said Goods were actually impounded, and the Person offending to be fined to the Lord besides: And whereas Complaint hath been made that there are too few Pinfolds in every Parish, be it therefore ordered, enacted, and declared by the Authority afforesaid, That it shall and may be lawfull for the Governor, at his Discretion, upon Application made to him by the Farmers or Tennants of any of the Treens within the severall Parishes of this Isle, to give Lycence to any or as many of the said Farmers or Tennants as he shall think fit, to erect at their proper Costs and Charges one Pinfold in the most convenient Place in the said Treene; provided that yearly and every Year, at the next Sheading Court to be held for that Parish after Michaelmas, a sufficient Pinder or Pinfold-keeper be sworne to do and perform all Things to that Office belonging according to the Laws and Customs of this Isle; and that every Lycence so granted for erecting of any Pinfold shall first be enrolled in the Comptroller's Office. And it is further ordered, ordained, and enacted by the Authority afforesaid, That if any Pinfold shall hereafter be broken, or the Goods therein impounded by any Ways or Means taken out of the same, that then and in that Case such Person or Persons, whose Goods are known to be impounded therein, shall be taken and reputed to be the Person who comitted the said Offence, and be lyable to [180] make full Satisfaction both for Pinfold Fees and Trespass Money, by Authority from the Governor, or either of the Deemsters, any Thing heretofore to the contrary notwithstanding; provided always, that this Act, or any Thing therein contained, is not intended any Way to exempt or free the Farmers or Tennants of this Isle from joining in the making and repairing of the Fences and Ditches, as is already provided by an Act made in the Year 1691.

I do approve of and confirm this Act, and will that the same be published on the Tynwald Hill in Form of Law.

DERBY.

At a Tynwald Court holden at St. John's Chappell, the

2d Day of February, Anno 1705.

The within-mentioned Act was publickly proclaimed upon the Tynwald Hill acccording to usual Forme; as witness our Subscriptions,

INSULA MONAE

Whereas upon the Scarcity of Brass Money and want of Change within this Island, it was the generall Request and Desire that our Honourable Lord would be pleased to supply this Defect by coining Brass or Copper Money for the Use of this Island to be current here; and forasmuch as his Lordship hath been graciously pleased to comply with the said Request, and hath sent over a considerable Quantity of Copper Pence and Halfpence, it is therefore published, proclaimed, and declared upon the Tynwald Hill, That the said Copper Pence and Halfpence shall at all times after this Day be currant and passable within this. Island (in all Receipts and Payments) for Pence and Halfpence as afforesaid, and that the same will be received at that Value into, and paid out of his Lordship's Treasury at the same Value, in Receipts for Rents and other Revenues, and in Payment out of Sallarys and other necessary Disbursements; and that from henceforth no Person shall be obliged to take any other Brass or Copper Money save only the Halfpence and Farthings now passable and currant in that Part of Great Britain formerly called England: And it is this Day also published, proclaimed, and declared, That if any Person or Persons whatsoever shall be found and lawfully convicted of counterfeiting any of the said Pence and Halfpence, bringing into this Isle, uttering or paying any of the said Pence and Halfpence, knowing them to be counterfeit, such Person or Persons shall forfeit and be punished for the same after such Manner as is declared by an Act made in the Year 1646, concerning the coyning and passing false and counterfeit Money, viz. such Person or Persons so [182] offending shall be adjudged, deemed, and taken to be in the Case of High Treason, and for the same shall forfeit Life, Land, Tenements, Goods, Chattels, &c. to the Lord of this Isle and his Heirs, as in Cases of other Treasons they used to do by the Laws of this Land: And the better to find out whether there be any Counterfeits either made or carried into this Island, it is hereby ordered and declared, That on the second Thursday in June in every Year, all and every Person or Persons who have any of the said Copper Pence and Halfpence in their Custody shall bring in the same unto the Captain of their respective Parishes, to be counted and reckoned by him, and an Account to be returned by the said Captaine unto the Governor, Deputy Governor, or Receiver for the Time being what Quantity of the said Money is within his Parish: And if any Person or Persons shall faile or neglect to bring in what Pence and Halfpence he hath in his Custody, to be so counted and reckoned as afforesaid, such Person or Persons so neglecting shall be fined in twenty Shillings, besides other Punishment, such as his Obstinacy or Neglect shalI demeritt.

Lathom, 30th August, 1710.

I allowe of and give my Consent to the within-mentioned Act, and order that the same be published at the Tynwald Hill according to the usual Forme and Custome of my Isle of Mann.

DERBY.

[183] At a Tynwald Court holden at St. John's Chappell the 20th

Day of October, 1710.

The beforegoing Act was this Day proclaimed and published upon the Tynwald Hill in due Forme of Law.

At Castle Rushen, the 31st December, Anno Domini 1706.

Whereas upon the humble Address of the 24 Keyes to our Honourable Lord, praying that the Money laid out and expended by Mr. Ewan Christian of Lewaige, and others, in making Application for a Settlement of the Tenures and Holdings of the Inhabitants of this Island under his Lordship might be reimburst by a generall Assess upon the said Inhabitants and Tennants, his Lordship hath been graciously pleased to order, That after the Fines due and payable to him by the said Act of Settlement were collected and paid in, that then Orders should be issued out for the assessing, levying, and collecting such Sum and Sums of Money upon the Tennants and Inhabitants of the said Isle as should upon a fair Account appear to have been laid out and expended by the Commissioners appointed by the Country for treating with his Lordship and his Commissioners about the said Settlement, and the Charges incident upon the same: In pursuance of which Order the said Mr. Ewan Christian hath this Day produced his Bill of Disburs- [184] ments; and having maturely examined and considered the same, we find that the Money advanced and disiburst, and to be advanced and paid in attending our late Right Honourable Lord (by his Lordship's own Appointment) about the Matter afforesaid, and also in waiting and attending on our Right Honourable Lord at Lathome, in obtaining, accomplishing, and finishing the said Act of Settlement, and the Charges incident thereupon, doth amount to the Sum of one hundred and sixty Pounds Sterling; and therefore it is hereby ordered and declared, That the Sum of one hundred and sixty Pound shall be assessed, raised, levyed, and collected of and upon the severall Tennants and Inhabitants of this Island out of their severall and respective Holdings, as well Abbey Lands as Lord's Lands, Milnes, Cottages, and Intacks, by an equall and proportionable Assess, according to their several and respective Estates and Holdings; which said Assess is to be made by four sufficient and able Men, upon Oath, in every Parish, such as the Governor shall approve of and appoint, and the same to be levied by them according to the usual Way and Course of Assessments within this Island.

And also, whereas frequent Complaints have been made by the 24 Keyes of this Isle, of the Obstruction and Delays that hath often happened in the Dispatch of the public Business, for want of a convenient House or certain Place to assemble in, when they are ordered to meet at Castletown for the hearing or considering of such Matters as lye properly before them, having no place at present but our Honourable Lord's Castle or Houses, which is equally inconvenient as well to his Lordship as the said Body of the 24 Keyes; and therefore it is ordered and declared, That the further Sum of twenty Pounds Sterling shall be raised and imployed towards the erecting or procuring a convenient Place in the said Town for the 24 Keyes to meet in upon publick Business as afforesaid, and also the further Sum of ten Pounds for the repairing and finishing the South and North Isles of St. John's Chappell; which said two last Sums, amounting to thirty Pounds, being for a general and publick Good, shall be assessed, raised, levied, and collected of and upon all and every the Tennants and Inhabitants of this Isle, as well Barron's Tennants as Lord's Tennants, by an equal and proportionable Assess upon their several and respective Holdings and Estates, in Manner as is before mentioned.[185] And whereas by the Poverty and mean Circumstances of the People our Honourable Lord's Fines are not yet paid in, and that by his Lordship's said Order the said Expences and Sums of Money are not to be assessed, levyed, and collected before the said Fines are paid; it is therefore hereby further ordered and declared, That none of the Sum or Sums of Money before mentioned shall be assessed, raised, levyed, or collected of the People at any Time before the twenty fourth Day of November that shall be in the Year of our Lord God one thousand seven hundred and nine, unless all the said Fines be paid in before that Time; and then and immediately after the said Day, or after the said Fines are paid in as afforesaid, the said Assessments to be made, upon the People in Manner as is before mentioned, and levyed, collected, and paid in by the said Assessors and Collectors unto such two of the Lord's Officers, and two of the twenty-four Keyes, as the Governor for the Time being shall appoint, to be employed and paid by them for the Uses and Purposes herein-before mentioned and expressed; and in case any Person or Persons whatsoever shall refuse to pay the Sum or Sums of Money that shall be assessed upon him or them as aforesaid, such Person or Persons so refusing shall be proceeded against according to due Course of Law.

Lathom, August 20th, 1707.

I do approve hereof, and will that the same be put in Execution according to the Tenor thereof. This is writtten on the other Side, and signed by our Honourable Lord.

Lathom, August 20th, 1707.

I do approve hereof, and will that the same be put in Execution according to the Tenor thereof.

DERBY.

At a Tynwald Court holden at St John's Chappell the 2d Day of February 1709, before John Rowe, Deputy Governor of this Isle, the Officers, Deemsters, and 24 Keyes, then and there present.

The before Act was publicly proclaimed upon the Tynwald Hill according to antient Form and Custome as witness our Hands the Day and Year above written.

ISLE OF MAN, June 13th, 1710,

The Bishop of this Isle laying it seriously to Heart of what evill Consequence it has been that the Inhabitants of the Parish of St. Patrick's have for some Ages past been destitute of a Place of publick Worship within the said Parish, is resolved, God willing, to promote the Building of a new Parish Church in the said Parish, provided he finds the Parishioners ready to put to their helping Hand after [187] such a Way as shall not be too great a Burthen to them, and as shall hereafter be set down.

And whereas Captain Silvester Radcliff, and his Son Charles Radcliff, with their respective Wives, have of their own Accord and free Bounty offered a Part of their Estate of Knock-Ally-Moor whereon to build the said Parish Church, and sufficient for a Church-Yard, Vicar's House and Garden; and severall of the Chief of the Parish afforesaid have declared their Readiness to contribute to so pious a Work: The Bishop therefore proposeth and requireth in the first Place,

That the said Parcel of Land be forthwith marked out, given and dedicated, free of all Incumbrances, to the Uses afforesaid; and that the Parishioners do for themselves, and in the Name of all such as are not present, together with the Churchwardens, oblige themselves to give (according to their Abilities and Holdings as they shall be called upon) their Day's Labour in getting and carrying of Stones and Slates to the Place where the Church is designed to be built in serving of Masons, Slaters, Plaisterers, and Flaggers, in bringing the Timber from the Port, and what Lime shall be necessary for Slating, Rendering, Plaistering, and Roughcasting; which if they shall chearfully undertake, the Bishop engageth,

First, Out of his own proper Bounty, and out of some other Moneys and Effects designed for pious Duties, of which he has the Disposal, to cause to be built within the Space of eighteen Months, the Lord Prospering his Endeavour, a decent Church and Chancell in the Place afforesaid, and sufficient for the Necessities of the Parish; and to pay all Masons, Carpenters, Glaziers, Slaters, and Plaisterers, and to find all Materials, Stones, Slates, Flaggs, Morter, and Lime excepted, the Parishioners finding themselves Seats such as the Ordinary shall approve of.

Secondly, the said Bishop engageth to procure, if it may be, an Act of Tynwald for the freeing of the said Parish for ever hereafter of all Charges and Assessments towards the Repairs and Service of the Church and Chapell of St Peter's in Peel, and for ever to separate the said Parish of St Patrick from the Parish of St. German, after the Death or Promotion of the present Incumbent Mr. Matthias Curghey, and to assign to the said Parish its own Viccar, and Third of Tythes.

Thirdly, That in the mean Time, untill the said Parish [188] shall have a Vicar of its own residing in it, the Bishop will endeavour so to order that Divine Service shall be there read every Lord's Day, towards which he wilt contribute three Pounds a Year during his Life, and continuing in this Bishoprick, and to have a Sermon once a Month either by the Vicar or others, as the Bishop shall appoint.

And forasmuch as it will be of the greatest Concern to the said Parish to have a Vicar dwelling amongst them, the Bishop expects and demands, that when the said Parish comes to have a Vicar of its own, or that the present Vicar desireth to dwell among them, the Parishioners shall give their helping Hand as aforesaid, and as the Ordinary shall require, towards building a Vicaridge House.

For the true and faithful Performance of all which, we the Bishop, Vicar, Churchwardens and Parishioners of St. Patrick afforesaid, have set our Hands this Day and Year above Written.

The land this Day given by the said Captain Silvester Radcliffe, and his Son Mr. Charles Radcliff, with the Consent of their Wives, is marked out as foll. from the Corner of Kill-Croo Glebe along the Highway 43 Yards, from thence Eastward 56 Yards, from thence Southward to the Hedge of Kill-Croo 36 Yards, and thence back and Westward to the Highway 59 Yards.

The Names of the Chief Parishioners present, and signing to this Instrument:

At a Tynwald Court holden at St. John's Chappel the 24th Day of June, 1710

Whereas an Instrument, bearing Date June 13th 1710, has this Day been laid before us the Governor, Councel, Deemsters, and 24 Keys, in these following Words:

The Bishop of this Isle laying it seriously to Heart of what evil Consequence. it has been that the Inhabitants of the Parish of St. Patrick have for some Ages past been destitute of a Place of Publick Worship within the said Parish, is resolved, God willing, to promote the Building of a new Parish Church in the said Parish, provided he finds the Parishioners ready to put to their helping Hand, after such a Way as shall not be too great Burthen to them, and as shall hereafter be set down.

And whereas Captain Silvester Radcliffe, and his Son Charles Radcliffe, with their respective Wives, have of their own Accord. and free Bounty offered a Part of their Estate of Knock-Aly-Moor whereon to build the said Parish Church, and sufficient for a Church-yard, Vicar's House and Garden; and several of the Chief of the Parish afforesaid have declared their Readiness to contribute to so pious a Work: The Bishop therefore proposeth and requireth in the first Place, That the said Parcel of Land be forthwith marked out, given, and dedicated, free of all Incumbrances, to the Uses afforesaid: And the Parishioners, do for themselves, and in the Name of all such as are not present, together with the Churchwardens, oblige themselves to give (according to their Abilities and Holdings as they shall be called upon) their Day's Labour in getting and carrying of Stones and Slates to the Place where the Church is designed to be built, in serving of Masons, Slaters, Plasterers and Flaggers, in bringing the Timber from the Port, and what Lime shall be necessary for Slating, Rendering, Plaistering, and Rough- [190] casting; which, if they shall chearfully undertake, the Bishop engageth,

First, Out of his own, proper Bounty, and out of some other Moneys and Effects designed for pious Uses, of which he has the Disposal, to cause to be built within the Space of eighteen Months, the Lord prospering his Endeavours, a decent Church and Chancel in the Place aforesaid, and sufficient for the Necessitys of the Parish; and to pay all Masons. Carpenters, Glaizers, Slaters, and Plaisterers; and to find all Materials, Stones, Slates, Flaggs, Morter, and Lime excepted; the Parishioners finding themselves. Seats such as the Ordinary shall approve of.

Secondly, The said Bishop engageth to procure, if it may be, an Act of Tynwald for the freeing of the said Parish for ever hereafter of all Charges and, Assessments towards the Repairs and Service of the Church or Chappel of St. Peter's in Peele, and for ever to separate the said Parish of St. Patrick from the Parish of St. German after the Death or Promotion of the present Incumbent Mr. Mat. Curghey, and to assign the said Parish its own Vicar and Third of Tythes.

Thirdly, That in the mean time, until the said Parish shall have a Vicar of its own residing in it, the Bishop will endeavour so to order that Divine Service shall their be read every Lord's Day, towards which he will contribute three Pounds a Year during his Life and continuing in this Bishoprick, and to have a sermon once a month either by the Vicar or others, as the Bishop shall appoint.

And forasmuch as it will be of the greatest Concern to the said Parish to have a Vicar dwelling amongst them, the Bishop expects and demands, that when the said Parish comes to have a Vicar of its own, or that the present Vicar desires to dwell amongst them, the Parishioners shall give their helping Hand as aforesaid, and as the Ordinary shall require, towards building a Viccaridge House: For the true and faithful Performance of all which, we the Bishop, Vicar, Churchwardens, and Parishioners of St. Patrick aforesaid, have set our Hands the Day and Year, above written:

Tho. Sodor and Man,

Matth. Curghey.

Tho. Radcliff, Tho. Quane, Pat. Quayle, Finlow Quirk, Churchwardens.¾ Silvester Radcliffe, Marg. Radcliff, Cha. Radcliffe, Ellin. Radcliffe.

[191] The Land given this Day by the said Captain Silvester Radcliffe, and his Son Mr.Charles Radcliffe, with the Consent of their Wives, is marked out as followeth:¾ From the corner of Kill-Croo Glebe along the Highway forty-three Yards, from thence Eastward fifty-six Yards from thence Southward to the Hedge of Kill-Croo thirty-six Yards, and thence back and Wefstward to the Highway fifty-nine Yards.

The Names of the chief Parishioners present, and signing to this Instrument:¾ John Watleworth, Henry Radcliffe, John Quirk, John Quirk, Phil. Quilliam, Thomas Waterson. Thomas Kenagh, Thomas Karran, Tho. Quirk, John Cosnahan, Gilb. Moore, Phill. Quilliam, Phill. Cubbon, William Killey, John Quirk, John Quilliam, William Halsell, Henry Killey, William Knickle, Tho. Quirk, Pat, Quirk, Jo. Quilliam, Jo. Kewish, William Gell, Phinlo Karran, William Canell, William Knickle, Tho. Kneale,. William Knickle, William Karran, Hen. Quilliam, Richard Clucas, Junior, Tho. Gick, John Callister, William Callister, Tho. Quine, Jo. Fargher, William Cottier, William Cain, James Crellling, Wm. Quirk, Tho. Keay, Wm. Karran, Pat. Hutchen, Thomas Kelley, Tho. Cosnahan, John Geall, Rich. Shimin, John Quay: Which Instrument we have deliberately perused, and knowing the Work therein mentioned and intended to be as necessary as pious, and no Objection being made by any therein concerned, be it therefore enacted by the Authority aforesaid, That the said Instrument be in every Particular accepted of and confirmed according to the true Meaning and Intent thereof, so as to oblige all Persons concerned: Be it also enacted, That from and after the Publication of this Act the Parishioners of Kirk Patrick be for ever freed from all Charges and Assessments towards the Repair of the Church or Chappel of St. Peter's in Peele; provided, that this Act, nor any Thing therein contained shall in no wise prejudice the present Incumbent Mr. Matth. Curghey, the present lawful Vicar of the Parishes of Kirk Patrick and Kirk German. And to the End so good and so necessary a Work may not meet with any Stop or unreasonable Delay from the Backwardness or Indifferency of any concerned therein: the Bishop is hereby impowered to nominate any four Persons of the Parish of St. Patrick aforesaid, and to appoint them Overseers of the Work, who may from Time to Time call upon and oblige the severall Inhabitants of the said Parish to perform in their Course, and according to their Abilities or Holdings, such Day's Labour [192] as shall be found necessary to the carrying on and finishing the Work intended, and to which they have obliged themselves.¾ Memorandum. That the Effects mentioned in this Act to be in the Lord Bishop's Hands, and at his disposing, is a Parcel of Sheet Lead in the Cathedral at Peele; and his Lordship having acquainted this Court therewith, they are of Opinion that the said Effects cannot be better applied than to such pious Uses.

Lathom, 30th August, 1710.

I allow of and give my Consent to the within-mentioned Act, and order that the same be published at the Tynwald Hill according to the usuall Form and Custom of my Isle of Mann.

DERBY.

At a Tynwald Court, holden at St. John's Chappel the 20th of October, 1710.

This Day the beforegoing Act was proclaimed and published upon the Tynwald Hill in due Form of Law.