[from Mills' Statutes, 1821]

INSULA MONAE.

At a Court holden at Castle Rushen the 11th Day of August, Anno Domini 1736, before the Honourable James Murray, Esquire, Governor of the said Isle, the Council, Deemsters, and twenty-four Keyes of the said Isle, now assembled.

Whereas upon the Application of the twenty-four Keyes, the Most Noble and Puissant Prince James Duke of Atholl, Lord of Mann and the Isles, out of his tender Regard to the Happiness of his People of the said Isle, and in order to their better Government, hath been graciously pleased to condescend not only to the Revisal of severall of the old Laws and Customes of the said Isle, and the abrogateing of such as are obsolete and hurtfull, but likewise to the making of such new Laws as should be thought necessary and agreed upon for the Preservation of their Libertys and Propertys, and the establishing of the same upon a firm and lasting Foundation, conformable to the Necessitys of their Circumstances, to the publick Good, and to the present State of Affairs in general, in the said Island; and whereas the Governour, Officers, Deemsters, and Keys of the said Island, having accordingly assembled, and on Consultation agreed that the several Acts and Ordinances hereafter mentioned (as being at present thought to be the most necessary) be now immediately passed into Laws, hopeing the same will greatly contribute to the Advancement of his Grace's Honour and Interest within the said Isle, and perpetuate the Peace, Welfare, and Tranquillity of the People; may it therefore please his Grace, That it be enacted, and be it ordered, ordained, and enacted, by the said Most Noble James Duke of Atholl, Lord of the said Isle, by and with the Advice and Consent of the said Governour, Council, Deemsters, and Keys, in this present Court assembled, and by the Authority of the same, as follows:¾

First, Whereas it is found that Jurys impannelled on Tryals of Fellonys, and other capital Crimes touching Life and Death, are sometimes so favourable, and other Times so obstinate and wilfull in their Proceedings, and especially with respect to the Point of Proofe, that they will not find Malefactors Guilty, unless the Fact be proved against, them by two positive Evidences, which can seldom happen in such Cases, and by that Means many notorious Delinquents have escaped Conviction, and they and others following their Example still continue to go on in their wicked Courses, to the great Prejudice of the Publick: For Remedy whereof, it is ordained, declared, and enacted by the Authority aforesaid, That for the future one credible Witness proveing the Fact, and supported by probable Circumstances, or the Mainor being upon Search or otherwise found with or upon the Malefactor or Malefactors, and proved as aforesaid, shall be held good and sufficient Proofe in Law to convict such Malefactor or Malefactors, any Law, Custome, or Practice to the contrary notwithstanding: And in case any Doubt shall at any Time arise to the Jury in relation to any Evidences or Circumstances before them, they shall ask the Opinion of the Deemsters in Court, whether the same amount to Conviction, or whether the Criminal deserves only lesser Degrees of Punishment, as burning in the Hand, or Whipping in as many of the Markett, Towns of the Isle as the Crime shall demerit. And it is ordained and enacted, That it shall hereafter be lawfull for the said Jury, (as such Matters shall appear to them) to find and return their Verdict in the Premises accordingly; provided, that if such Jurys be found to act partially, illegally, or contrary to Evidence, the Keys to be called to pass upon their Proceedings in Manner formerly accustomed. And be it further enacted. That if any Prosecutor or Prosecutors in any criminal Prosecution, or any other Person or Persons by his or their Privity, Order or Direction, shall and do at any Time or Times hereafter compound or agree not to proceed in such Prosecution after an Handsuit given to the Coroner or Lockman, or after stolen Goods are found upon Search pursuant to the Deemsters Token; or by Corruption, or other indirect Means, shall refuse or decline making Proofe to the Mainor or stolen Goods when found upon Search as aforesaid, such Person or Persons being duly convicted thereof by a Jury, shall be fined in any Sum not exceeding six Pounds thirteen Shillings and Fourpence to the Lord of this Isle, any Custome or Practice to the contrary notwithstanding.

Secondly, And be it further declared, ordained, and enacted by the Authority aforesaid, That no Court, Judge, or Magistrate within this Isle whatsoever shall have Power or Authority for the future to impose or inflict any Fines or Punishments upon any Person or Persons within the said Isle, for or on Account of any criminal Cause whatsoever, untill he, she, or they be first convicted by the Verdict or Presentment of four, six, or more Men, as the Case shall [236] require, upon some Statute Law in force in the said Island, nor to imprison any Person or Persons arbitrarily before a proper Complaint is made and lodged, and Affidavit made to the Truth thereof; provided, that this Statute shall not be construed or understood to hinder any Person finding himself agrieved from the Benefits of Traversing as accustomed. And that upon flagrant Breaches of the Peace, open Riots and Disturbances, or other notorious Misdemeanors, it shall be lawfull for the Governor, or any of the Officers or Deemsters, or, if Occasion shall require, for the Constables of Garrisons, or Commanders of Forts, in their respective Towns, to comitt the Offender or Offlenders who shall be held to Bail by Order from the Governor, to answer and stand Tryal at such Time as shall be appointed for the same; but such Examinations and Tryals not to be delayed, but brought on with all possible Speed: Provided nevertheless, that in Cases of Murder being comitted, or any mortal, violent, or desperate Stroak or Wound given, whereby any Person's Life is in imediate Danger, the Offender or Offenders not to be admitted to Bail, but to remain in Gaole, to undergo his or their Tryal according to the due Course of Law. And it is further provided and enacted, That the discretionary Power and Authority of Governour and Officers in granting Aid for the apprehending and securing of Delinquents, or Persons suspected or accused of Felony, or other capital Crimes, till they pass Examination and Tryal, shall continue as heretofore accustomed: Provided also, that this Act, nor any Thing therein contained, shall be construed or taken to restrain or prohibitt the Governour or Deemsters from proceeding upon the Statute touching Batterys and Provocations without Jurys as formerly. And that Courts of Justice and Magistrates doing the Duty of their Offices shall, have and continue the Power of comitting and fineing any Person or Persons for contemptuous Behaviour, insulting or abuseing them, or any of them, in the Execution of their Duty, according as the Nature of the Offence shall demeritt.

Thirdly, For the better enabling of the People of the said Isle to pay Lord's Rents, Fines, and other Dues, and support the Necessitys of themselves and their Familys, be it ordained and enacted by the Authority aforesaid, That all Fairs and Marketts within the said Isle whatsoever, whether held by Custorne, or by particular Order, Call, or Publication, shall for the future be free and open to all Buyers and [237] Sellers, whether Strangers or Natives, to barter, buy, sell, and export all Manner of Goods and Comoditys, as of the Growth, Product, and Manufacture of this Isle, as of any other Kingdome, Island, or Country, without Lett, Stop, or Mollestation: And upon Application of any Stranger or Native, the Governour of this Isle to grant his Lycence for calling Marketts at such Time and Place as the Persons so applying shall desire and think most proper for makeing their Marketts: But such Marketts nevertheless to be free for all others, as well as the Person lycensed, to buy such Goods as are vendible therein, according to the true Intent and Meaning of this Act, any Law or Customs to the contrary notwithstanding.

Fourthly, And whereas many groundless and vexatious Accons of Arreast have for severall Years past been cornmenced in the Court of Chancery of this Isle, and prosecuted without any just Cause of Accon appearing when the same came to an Issue, and yet the Defendants had notwithstanding been put to great Difficultys, to find Bail, or otherwise lye in Prison, and sometimes Vessels and Merchandizes have been arreasted till the Accon came to a hearing, whereby diverse Inconveniencys have happened, espetially to trading Persons; be it therefore ordered, declared, and enacted by the Authority aforesaid, That if any Person or Persons whatsoever shall hereafter bring any Bill or Accon of Arreast in the said Court of Chancery against another and thereon arreast or detain his Vessell or Goods, and that no just Cause of Accon afterwards appears, or is made out on the hearing of such Bill or Accon, then and in such Case it shall be lawfull for the Defendant so injured to bring his Accon against such Complainant for the Costs and Damages sustained by him by Reason thereof; and when such Accon comes to an Issue, the Governour, as Chancellor of this Isle, shall make a Rule or Order thereon, directing the same to a Jury, consisting of Merchants and Mariners, or other proper Persons, to award suitable Costs, Damages and Repairation, to the Party grieved, as well for the false Imprisonment as for the wrongfull Detention of any Vessel or Goods, as they in their Consciences shall find and return to be just and reasonable; upon which Return the said Chancellor is hereby impowered to make an Order, and thereon grant Execution for levying the said Damages off the Person bringing and comencing such false and vexatious Accon as aforesaid: Provided always. that if the Costs and Dama- [238] ges found by such Jurys should be too high or unreasonable, it shall be lawful for the Chancellor to moderate the same according to Justice and Equity, any Thing herein contained to the contrary notwithstanding: Provided also, that no Accon of Arreast shall be granted against any landed Man or Native within this Isle, to imprison, or hold him to Bail, unless he hath obtained the Governour's Pass, or that there is some other just Cause to believe he designs to go off the Island. And be it further enacted by the Authority aforesaid, That any Person prosecuted in this Isle for a forreign Debt, by Accon of Arreast in the said Court of Chancery, shall for the future be held to Bail only for his personal Appearance to such Accon, and for the forthcoming of what Effects he hath within this Island to answer the Judgement upon the same; and if those Effects fall short, the Complainant shall have the Benefits of a Jury of Enquiry to find out what other Effects he hath to satisfy the said Judgement; and that all fraudulent Assignments or Transffers of the Debtor's Goods or Effects shall be void and of no Effect against his just Creditors, any Custome or Practice to the contrary notwithstanding.

Fifthly, For preventing the many notorious Instances of Discord and Animositys among the People of this Isle, occasioned by slanderous Words and Defamations, it is ordered, ordained, and enacted by the Authority aforesaid, That after Slanderers or Defamers are found Guilty either in the Temporal or Spiritual Courts, as the Matter shall be properly cognozable, the Person or Persons so slandered shall not only recover his or their Costs by Accon at Comon Law, but also such further Damages and Satisfaction against the Slanderer or Slanderers as shall be suitable to the Injury sustained, and the Ability of the Defamer at the Judgment of the Jury sworn for Tryal of the said Accon, any former Law or Custome to the contrary notwithstanding.

Sixthly, And whereas the Herring Fishery in this Isle hath for many Years past been very uncertain, and yet severall Strangers as well as Natives have bought and transported fresh Herrings before the Country was supplied, whereby the Comonalty hath often been disappointed and deprived of their chief Support, and obliged to buy Herrings from Abroad at high Prices, to the great Detriment of the Publick in generall; it is therefore ordered, declared, and enacted by the Authority aforesaid, That no Person or Persons whatsoever shall for the Future be permitted or suffered [239] to buy up any Herrings for Exportation from this Isle or the Coast thereof, before the Country or Commonalty be supplyed; that is to say, as long as the Herrings may be bought and sold at one Shilling and Twopence per Hundred, or above, and the Fishermen have a Vent for the same at that Price within the Island; and if any Person or Persons shall be found to transgress this Law, he or they so offending shall forfeit as follows, viz. The Buyer to forfeit all such Herrings as shall be so bought and shipped for Exportation, or the Value of the same, and the Seller also to forfeit a Sum equivalent to the Price he sold them for, by Execution from the Waterbayliff upon Proofe made before him, One-half to the Informer, and the other to the Poor of the Parish where such Forfeitures shall happen, any Law or Custome to the contrary notwithstanding.

Seventhly, Whereas by the Customary Usage of this Isle all Differences ariseing between Party and Party touching Ways, Watercourses, Mears, and Boundarys, and such like, are peculiar to the Enquiry and Decision of the Great Enquests, and a first and second concurring in their Verdicts upon any Cause before them hath been held conclusive, or in their Disagreement the Difference referred to the Determination of a Grand Jury of twenty-four Men selected out of the severall Parishes of that Side of the Island: And whereas it hath been observed and often complained of, that notwithstanding the care taken to promote Justice and preserve Propertys by the Establishment of such a regular Method of Procedure, yet the said two first Enquests knowing themselves not to be accountable by Law for Irregularitys, have followed each other's Steps, and concurred in Error and Wilfulness rather than any just Regard either to Law or the Merits, of their Evidence, to the great Prejudice of the Publick: For Remedy whereof, be it enacted and ordained by the Authority aforesaid, That the Method of proceeding by two Great Enquests on all such Differences as afforesaid shall be had, observed, and carried on in the same Manner as formerly; but under this Regulation and Restriction, that although such two first Enquests should concur in their Verdicts in any Cause they shall hereafter be convened upon, yet any Party finding himself aggrieved shall have the Benefitt of a Grand Jury of twenty-four Men selected as afforesaid, to pass on such Enquests Proceedings as he might heretofore have had on their Disagreement; and it shall be lawful for such Grand Jury fully to enquire and examine into [240] the Matter, and into the Legality of the said Enquest's Proceedings, and impartially return their Verdict upon the same according as the Case shall appear to them; which Verdict shall be held of Validity and Effect against the Verdict or Verdicts of the said Enquests, any Custome or Practice to the contrary notwithstanding: Provided this Act shall not affect any Cause proceeded in heretofore, and that such Grand Jurys shall always give in their Verdicts at the Court of Gaole Delivery where the Partys may have an Opportunity to be present, to make their Objections, if they have any, in open Court,: Provided also, that if the said Grand Jury finds that both or either of the said Enquests have acted erroneous or partial, it shall be lawfull for them to return such Enquest or Enquests to the Mercy of the Court, to be fined in any Sum not exceeding six Shillings and Eightpence a-piece. And in Consideration of the great Trouble which Great Enquests are constantly put to, and often by turbulent and litigious Persons upon trivial Occasions, it is further ordered and enacted, That when any Person comes to the Coroner, Lockman, or Serjeant of any Barrony, with Authority to convene the Great Enquest upon any Cause, such Person shall (besides the usual Fee) deposit two Shillings into such Officer's Hands, to the End that the same may be applied to the Charges of the said Enquest; yet if it should afterwards appear that the Defendant was the Cause of the Trouble given to the said Enquest, it shall then be lawfull for the Magistrate who accepts their Verdict to grant imediate Execution to the Plaintiffe to levy as well the said two Shillings as all other occasional Fees off and from such Defendant without further Suit, any Custome or Usage to the contrary notwithstanding; and that as often as a Grand Jury is convened and troubled upon any Cause as aforesaid, they shall have Sixpence a-piece towards their Charges, payable in the Manner above directed in the Case of the Great Enquest.

Eightly, Whereas many Instances have lately happened of notorious Malefactors, as well as Persons imprisoned for Debt, breaking and making their Escape out of Gaole, and so by the Help of their Confederates secretting themselves and clandestinely getting off the Island, by which Means Delinquents evade Justice, and honest People are deprived of their due Debts, to the great Detriment of the Publick and the Law having not hitherto made any Provision in these Cases, so as to make the Aiders and Abettors of such Malefactors and others lyable to Punishment and Restitu- [241] tion, though generally principal Contrivers and Actors in such Enormitys: For Remedy whereof, be it ordained and enacted by the Authority aforesaid, That any Person or Persons who hereafter shall be found and lawfully convicted of rescueing any Malefactor aiding or assisting to break or make his Escape out of Gaole, such Person or Persons so offending shall forfeit the Sum of twenty Pounds to the Lord of this Isle : And whosoever shall be found and convicted of being any way active in conveying and carrying any Malefactor off the Island, or aiding or assisting him in his Escape, agreeing with a Vessel, carrying Messages, or the like, such Offender or Offenders shall be fined in any Sum not exceeding ten Pounds, to the Lord, besides three Months Imprisonment: And whoever shall rescue any Person imprissoned, or in Execution for Debt, or be hereafter found directly or indirectly concerned in aiding or assisting any Debtor to escape out of Gaole, or to get off the Island, or in privately conveying or carrying off any Person indebted within this Isle, such Person or Persons so acting, aiding, or assisting upon Proofe made thereof, shall be lyable to pay all the Debts which such Debtor or Debtors did owe within the said Isle at the Time of his or their Departure from the same, besides a Fine not exceeding three Pounds to the Lord, any Custome or Usage to the contrary notwithstanding; but in case such Person or Persons acting, aiding, or assisting, as aforesaid, have not Effects to discharge and pay the said Debts, that then he or they so offending shall be publickly whipt in the four severall Markett Towns of this Isle, besides three Months Imprisonment; and if any Goods can be discovered or found, the same to be applyed towards the Payment of such Debts as far as they will extend to discharge them.

Ninthly, And whereas by certain antient Statutes incerted in the Book of Statutes of this Isle in the Governance of the Tynwald, and in the Years of our Lord one thousand four hundred and twenty-two, and one thousand six hundred and sixty-four, it is declared, That neither Vessell nor Boat shall carry any Person off this Isle without a Special Lycence from the Lord or his Lieutenant, upon Pain of forfeiting the Vessell and all the Goods therein, &c.; and it being now conceived that the said Forfeiture is too high and rigorous. and that Merchants and Owners intrusting their Ships, Vessells. and Goods under the Care of Masters, may be greatly prejudiced thereby, since such Masters may daily transgress [242] and incurr the Penaltys of the said Statutes, without Knowledge or Privity of their Employers, which being also a Discouragement to Trade; be it therefore ordained and enacted by the Authority aforesaid, That the said Statutes shall, and are hereby absolutely repealed to all Intents and Purposes whatsoever; and that any Ship, Vessel, or Boat, which shall hereafter carry any Person or Persons off this Isle whatsoever, without the Governour's Lycence first had and obtained for his or their Departure, shall forfeit any Sum not exceeding ten Pounds to the Lord of this Isle, to which Forfeiture the Master of such Ship, Vessell, or Boat, shall in the first Instance be lyable, over and besides paying the Debts which such Person or Persons so carryed off did owe in the Island at the Time of their Departure, as already mentioned in the eighth Act above-written; provided, that if the Master shall at any Time be absent or insolvent, the Vessel to be then subject and lyable to the said Fine and Debts in Manner afore-mentioned, the said Statutes, or any other former Law, Custome, or Practice to the contrary of this Act notwithstanding; but such Vessell not to be so Iyable longer than for the Term of two Years, unless she continues to be the real Property of the same Owner.

Tenthly, And be it further ordained and enacted by the Authority aforesaid, That the Commencement of all Suites and Processes for Title of Houses, Lands, Tenements, Milns, Cottages, and Intacks, being Inheritance or Quarterlands within the said Isle, shall always be by Accon at Comon Law, and not otherwise, and tryable by Sheading Jurys, Traverses, and the Keys, as accustomed; provided nevertheless, that if manifest Frauds and Deceipts shall be comitted or made use of to gain or procure legall Titles, which cannot be relieved or proceeded in by the Comon Law, but require to be detected and redressed in the Chancery Court in Equity, then and in that Case the Plaintiff bringing his Accon for the Title at Comon Law may also alledge the Fraud therein; and upon the Defendant's Appearance to the Accon, and a Jury being sworn thereon, such Plaintiff then to give in a stated Case in Writeing, containing the Particulars of his Allegation with respect to the Fraud; and upon entering into Bonds to the value of ten Pounds to make good the same, the Proceeding at Comon Law shall be stayed, and the Plaintiffe allowed to go with his Cause into Chancery, to prove and make the Frauds and Deceipts complained of by way of Accon or Bill in Equitty: And when [243] the Defendant joins Issue, the Chancellor, for his better Information, shall direct the Examination of the Matter to six of the twenty-four Keyes by way of Comission, to enquire into the same by Oathes or otherwise, as the Case shall require, and then to make their Report of the Whole impartially to the Court in Writeing, in order to a Determination of the Cause; but if upon reading and considering the said Report, and hearing of the Cause, that Court should not have sufficient Proofe to find and decree for the Fraud complained of, that then the Matter of Title in question shall be transmitted back again, to be proceeded in and decided by the Course of Comon Law according to the Intendment of this Act, and the Plaintiff shall be lyable to the Forfeiture of his Bonds to the Defendant in Satisfaction for his Costs, Charges, and Damages, or such Part thereof as the Chancellor shall think reasonable to allow upon Account of the same, and the Party, whether Plaintiffe or Defendant, who shall be cast in the Cause by the Decree of Chancery, to be answerable for the Amercement due to the Lord on the said Accon at Comon Law; and if either Party shall appeal from the said Decree of Chancery, he shall be obliged to enter into Bonds thereon as usual. But it is further provided, That this Act shall not be construed, understood, or taken to extend to or affect any Cause or Causes already comenced or proceeded in whatsoever, any Thing hereinbefore contained to the contrary notwithstanding: Provided also, that Disputes and Controversys concerning Mortgages shall, according to the Act of Settlement, be determinable in the Court of Chancery; and that hereafter no Sequestration shall be laid upon the Profitts of any Lands, Tenements, Milns, or Heredittaments whatsoever, by any Court or Magistrate within the said Isle, but in extraordinary Cases; and the same not to be then done without the Consent of the Governour, Officers, Deemsters, and Keys of the said Isle, any Custome or Practice to the contrary notwithstanding. And be it further ordained and enacted by the Authority affosesaid, That the Method of Process and Proceeding at Comon Law shall for the future be shortened, and the Course and Order thereof contracted and fixed in a summary Way to Justice, by enjoining all Defendants to Accons comenced in that Court to make their Appearance; and they are hereby accordingly injoined and obliged to answer to such Accon the second Court, and join Issue in the same Manner and Form and under the same Restrictions, as they heretofore [244] did or should do at the third Court: Provided that if any Party or Partys to any Suit or Accon at Comon Law live in Great Brittaine or Ireland, or want Proofe from thence to be taken by or under a Comcon, to be sped from the Court in this Isle in relation to such Suit or Accon, he or they shall have Time allowed for the same, not exceeding the Space of one Year from the Time that Issue is joined and a Jury sworn upon the said Accon: And if any Party or Partys to such Suit or Accon live in forreign Countreys, or want Proofe from thence to be taken as afforesaid, he or they shall also have Time allowed for the same at the Court's Discretion, not exceeding the Space of three Years: And in case any Party finding himself aggrieved by the Verdict of the first Jury should enter a Traverse within the Time already limitted by Law, such Person or Persons shall hereafter be obliged to prosecute the same with Effect, so as to bring the Traverse Jury to a Verdict within the Space of three Months from such Entry, except the Governour or either Deemster upon lawfull Cause shewn, shall grant further Time, not exceeding three Months longer, but not to suffer any wilfull or unnecessary Delays in any Cause, or upon any Account whatsoever, any Law, Custome, or Practice to the contrary notwithstanding. Provided always. and it is hereby declared and enacted, That no Restraint shall hereafter be laid or continued upon the said Jurys, nor upon any other Jury or Enquest, longer than for six Hours after being agreed on a Verdict, and such their Verdict written, and by them signed and offered to the proper Magistrate; and that the Keys of this Isle shall at no time be kept together after being agreed on their Return or Judgement in any Cause depending before them, and such Return or Judgement by them, or a Majority of them, written, signed, and delivered to the Governour; and during the Time they are hearing Causes none shall presume to insult or abuse them, on Pain of being confined by Order from the Governour, upon Application by them made for that Purpose, till the Offender or Offenders give Bail for his or their good Behaviour till the next Court of Gaole Delivery, and be then fined in any Sum not exceeding six Shillings and eight Pence as the Nature of the Offence doth or shall demerit. And be it further ordained and enacted by the Authority afforesaid, That any Person or Persons who now have, or hereafter shall have any Appeale, or Cause of Appeale, from any Decree, Order, Sentence, Judgement, or Proceeding of any of the Courts or Magistrates of this Isle whatsoever, or from the said Keyes to any superior Judge of Appeales, shall and are hereby obliged to preferr his or their Appeale or Appeales for Acceptance, and enter into Bonds thereon in order to an effectual Prosecution within six Months from and after the Publication of this Act, or within six Months next after the Decree, Order, Sentence, or Judgement is made, or given against them, or any of them, otherwise they, and all Persons claiming under them, to be excluded and barred (whether Plaintiffe or Defendant) from the Benefitt of any Appeale for ever after, any Law, Custome, Usage, or Practice to the contrary in anywise notwithstanding. And be it further enacted by the Authority afforesaid, That the Verdicts of all Great Inquests, Setting Quests, and Slander Jurys, shall for the Time to come be delivered and received in the Presence of both Partys, or their Agents or Attorneys, in publick Court as antiently accustomed, or by the proper Magistrate or Magistrates out of Court; but that to be likewise made known to and done in the Presence of the Partys, or their Agents or Attorneys, who for that Purpose are to attend at the Courts as well as before such Magistrates where such Verdicts are to be taken, to make their Objections, if they have any, otherwise the same to be received, and the Proceeding to go on in his or their own Default. And to prevent Corruption and Partiallity in Jurys and Enquests, it is also ordained and enacted, That if any Jury or Enquest Man shall take any Fee or Reward from any Person or Persons whatsoever in Money or otherwise, and be thereof lawfully convicted, he or they so offending shall be prosecuted and punished as in the Case of Perjury. And if any Juror or Enquest Man will be treated with Liquor, or otherwise, by either Party, in any Suit or Accon depending or to be tryed before them, without the Consent of the other the said Partys thereto, such Juror or Enquest Man shall be fined six Shillings and eight Pence, upon Proofe made against him before the Governour or Deemster, and be discharged from such Jury, and another sufficient Man sworn in his Place, any Law, Custome, or Practice to the contrary notwithstanding.

Eleventh, And be it further ordained and enacted by the Authority aforesaid, That the Custome and Practice of delivering over Persons excommunicated in the Spritual Court, Body and Goods, to the Lord of the Isle, shall intirely cease, and that such Persons excommunicated continuing obstinate for the Space of three Months under Censure, shall, upon Application to the Governour by the said Court, be confined three Months in one of the Castles, instead of the rigorous Punishment and Forfeiture aforesaid: But this shall not be construed or understood to take off his Censure, any Law, Custome, or Usage to the contrary notwithstanding.

Twelvth, And be it further ordered, declared, and enacted by the Authority afforesaid, That it shall not hereafter be lawfull for the Spiritual or Ecclesiastical Courts of this Isle, or any Judge or Magistrate of the same, nor any other Person having or exerciseing Spiritual or Ecclesiastical Jurisdiction, to tender or administer unto any Person or Persons whatsoever the Oath commonly called "The Oath Ex Officio," or any other Oath whereby such Persons to whom the same is tendered or administered maybe charged or compelled to confess or accuse, or to purge him or herself of any criminal Matter or Thing, whereby he or she may be lyable to any Censure or Punishment, any Law, Custome, or other Matter to the contrary in anywise notwithstanding; provided that this Act shall not be construed or understood to hinder the said Courts or Magistrates from giving an Oath to any Person, or Persons who shall come voluntarily to clear his, her, or their Reputations, with lawfull Compurgators as accustomed.

Thirteenth, And be it further enacted by the Authority aforesaid, That the Spiritual Courts of this Isle, nor any Judge or Magistrate thereof, shall for the Future imprisson any Person or Persons whatsoever upon Contempts for Non-appearances before them upon any Process or Citation; but instead thereof, upon Application to the Governor, and producing to him a Certificate of the Contempt, a Soldier shall be granted to take such Contemner before the said Court, Magistrate, or Magistrates, on a Day appointed, and to have a reasonable Fine set upon them for the Contempt, as accustomed in such Cases in the Temporal Court, any former Practice or Custome notwithstanding; provided that when the Sumner is put to Trouble to apply for a Soldier, the Contemner shall pay him Twopence for every Parish through which he shall travel before such Contemner shall be released out of the Soldier's Custody; and that the Spiritual Magistrate shall have his usual Fee of Sixpence for every Contempt he shall certify pursuant to this Act.

Fourteenth, Whereas the present Book of Rates for the Payments of Dutys upon Goods and Merchandizes exported from and imported into this Isle hath not hitherto had the Consent and Concurrence of the Twenty-four Keyes, it is now ordained, consented to, and enacted by the Authority afforesald, That the Rates, Dutys, and Fees, set down, fixt, and mentioned in the said Book of Rates, made in the Year of our Lord one thousand six hundred and ninety-two (Prizage of Wine excepted), shall be observed and paid unto the Lord of this Isle and his Successors forever hereafter in the Manner the same are in and by the said Book of Rates specifyed and directed, without Alteration, or any additional Dutys, Customes, or other Impositions to be laid upon any Qoods or Merchandizes exported or imported from or into the said Isle for the Future, save what is before excepted and hereafter mentioned and expressed in this Act; viz. It is hereby provided and enacted by the Authority aforesaid, That all Goods of the Growth, Product, and Manufacture of this Isle, shall for ever hereafter be exported free and exempt of and from the Payment of all Dutys and Customes to the Lord whatsoever, and the Payment of Royaltys for Flaggs and Slates to be exported shall also cease; but the Duty upon Limestones to continue, as being excepted out of this Act: And in Lieu and Satisfaction of such said Privilledge of free Exportation, it is further enacted, That for the Future the Dutys shall be raised upon the Importations hereafter mentioned, viz. For Horses imported by the Native to pay for each one Shilling and Sixpence, and by the Stranger two Shillings and Sixpence; for Cattle imported by the Native to pay for every Head one Shilling and Sixpence, and by the Stranger three Shillings; for Barley imported by the Native to pay Fourpence pr Bowle, and by the Stranger Eightpence pr Bowle, including the Dutys formerly paid and chargeable on these Particulars by the said Book of Rates; and that the Prizage of Wine in the said Book of Rates shall in the Future cease, and in lieu thereof the Native as well as the Stranger shall pay ten Shillings pr Tonn for all Wines imported. And whereas the Dutys, Customes and Royalties, hitherto paid to the Lord upon the Exportations from this Isle, are now computed to have amounted at least to ten Pounds pr Annum, it is therefore provided and reserved, That whatever the Dutys now advanced and made payable by this Act shall be deficient or fall short of the said ten Pounds pr Annum to the Lord, the same shall be made good on the Part of the Countrey to the said Lord and his Successors out of some other Fund or Article which will be sufficient to answer the same; otherwise, in Default thereof, the said Lord or his Successors, upon timely Notice given at a Meeting of the Keyes, at any five Years End, may resume and re-enter upon the said Dutys upon Exports from the said Isle, and not otherwise, any Thing herein contained to the contrary notwithstanding. And be it further enacted by the Authority aforesaid, That Malt shall not hereafter be allowed to be imported, but the same to stand prohibited to all Intents and Purposes whatsoever; and that Wheat and Barley shall not for the Time to come be imported or admitted to an Entry Inward, unless the Markett Prices in the Island for such Sorts of Graine be above the Rate of fourteene Shillings pr Bowle for Wheat, and twelve Shillings pr Bowle for Barley, any Thing before contained in this Act or in the said Book of Rates to the contrary notwithstanding: Nor shall any foreign Barley so imported be made into Malt, unless the Markett Price in the Island for Malt be fifteene Shillings pr Bowle, or above; and this under the Penalty of xxs. for every Default, Half to the Lord and the other to the Informer. And for the Encouragement of Trade and Traders within this Isle, be it ordained and enacted by the Authority aforesaid, That from henceforth no Order, Precept, or Comand, prohibitting the Importation or Exportation of any foreign Goods, (save what is prohibited by this Act), or any other Goods of the Growth, Product, or Manufacture of this Isle, shall be granted or made without the Consent of the Governour, Council, Deemsters and Keyes of the said Isle: provided always, that if it appears, upon just Complaint made to the Governour, that the Publick wants Corn, or other Necessarys, by too great an Exportation, or suffers by a more than a usual Importation of any Goods or Merchandizes, then and in such Cases the Governour is to call the Councill, Deemsters, and Keyes, to consult and consider of the same, and give Orders therein according to the Rules prescribed by the Statute made in the Year of our Lord 1645 in that Behalf; or as they shall see most necessary for the publick Good of the said Isle, any Law or Usage to the contrary notwithstanding.

Memorandum. That the Word (Circumstances) interlined in the fourteenth Line of the first Act¾ the Raisure in the twenty-fourth Line of the ninth Act¾ the Word (such) in the ninty-eighth Line of the tenth Act¾ the Words (at any five Years End) interlined in the fifty-second Line of the fourteenth Act¾ the Word (Goods) interlined in the seventy-third Line of the same Act, were all made and done before the Signing thereof.

At Castle Rushen, the 12th of August, 1736.

1 do allow of and confirm the fourteene Acts before written according to my Prerogative within my Isle of Man, and do order that the said Acts be published on the Tynwald Hill according to the antient Form and Custome of my said Isle.

ATHOLL.

At a Tynwald Court holden at St. John's Chappel the 24th Day of June, 1737.

The beforewritten fourteen Acts were this Day publickly proclaimed upon the Tynwald Hill according to the antient Form and Custome of this Isle; as witness our Hands this Day and Year. above written.