[from Mills' Statutes, 1821]

INSULA MONAE

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 sueing 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 being 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 at any Time since fallen under Consideration; and it being observed that great Detriments and Inconveniencys 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 limit all Suits, Plaints, Claims, and Actions, transitory or personal, in the several Courts of this Isle, Spiritual and Temoporal, 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 claime 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 [251] 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 of 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 Claimes 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 Accons, for wrongfull Detention 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 concern 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, and Cossenage, and of Goods delivered or lost, the said Actions [252] 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, Custome, 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, accrewed, come, or fallen, within the Age of twenty-one Years, under Coverture, Non 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 hereinbefore 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 accrewed 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 beforementioned, 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 and sixty-five; but that no [253] 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 Years 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 against Executors, Administrators, or others, which hereafter shall be sued or brought in the Spiritual Court, shall be commenced 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 anywise notwithstanding: 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 1nventorys, 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 Credits 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 Inconveniencys, be it further enacted and declared, That it 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 other 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 Prerogatives of the Lord of the Isle in any Suit, Accon, or Claime, 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 [254] Complaints of Slander not to proceed at any Time afterwards.

Dunkeld, June 5th, 1738.

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

ATHOLL and STRANGE.

At a Tynwald Court holden at St. John Chappel, the 24th Day of June, 1738.

The beforegoing Act was publickly proclaimed upon the Tynwald Hill according to the antient Forme and Custome of this Isle, as witness our Subscriptions,

[255] INSULA MONAE

An Act for the Discouragement of Petty Larceny and other Crimes, for the more speedy sentencing of Delinquents to Punishment.

Whereas it is observed that the Delay of punishing Delinquents found Guilty by Jurys of Petty Larceny, and other Crimes and Misdemeanors, till the annual Exchequer or Debet Court holden after Michaelmas Term, hath given great Encouragement to such Offenders, who, being under no Restraint from the Time of finding the Verdict till the estreating of their Punishments forth in Charge, after being set down at the said Court, become so insensible of their Crimes that they rather often pursue their enormous Courses to the Prejudice of the Publick, and evil Example of others; be it therefore ordained, declared, 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 Governor, Councel, Deemsters, and Keyes, in this present Court of Tynwald assembled, and by the Authority of the same, That upon the Return of a Verdict or Verdicts against any Offender or Offenders, whereby he, she, or they, shall be left lyable to corporal Punishment for or upon Account of Petty Larceny, or other Offence or Misdemeanor of a ciminous Nature, it shall be lawfull for the Court, at any convenient Time within one Month after the Return of the Verdict, to proceed to sentence such Offenders, and to fix and set down their Punishments adequate to the Crimes, as effectually as might heretofore have been done at the said annual Court after Michaelmas, and that such Sentence shall forthwith be put into Execution by issuing a Copy thereof, directed to the Coroner of the Sheading, and the Punishment accordingly inflicted upon the Offenders, unless the Governor in his Discretion shall, upon Reasons shewn, think fitt to remitt or mittigate the same; and that during these Proceedings, and from the Time the Verdict is found against any Delinquents, he, she, or they, shall be sent to and held in Gaole, and thence from Time to [256] Time taken by the proper Officer to undergo his, her or their Sentence, until the same be fully performed in Manner aforesaid, any Law, Custome, or Practice to the contrary notwithstanding; provided always that nothing herein contained shall obstruct or hinder the usual Method of Proceeding by Traverses according to the due Course of Law.

Edinburgh, January the 8th, 1738-9.

I do allow of and confirm the before written 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 the antient Form and Custome of the said Isle.

ATHOLL and STRANGE.

At a Tynwald Court holden at St. John's Chappel the 25th Day of June, 1739.

The beforegoing Act was this Day publickly proclaimed upon the Tynwald Hill according to the antient Forme and Custome of this Isle; as witness our Subscriptions,

INSULA MONAE

An Act for the building and repairing of Bridges within this Isle.

Whereas the building and repairing of Bridges is found to be not only convenient but absolutely necessary for the publick Advantage and safe Travelling of the People of this Isle in general; be it therefore ordained, declared, and enacted by the Most Noble and Puissant Prince James Duke of Atholl, Baron Strange, Lord of Mann and the Isles, &c. by and with the Advice and Consent of the Governor, Councel, Deemster, and Keyes, in this present Tynwald Court assembled, and by the Authority of the same, That with all convenient Speed, and especially as soon as the Fund to be raised and settled by this Act shall enable thereunto, new Bridges shall be built and erected over such Rivers, Streams, and Waters running cross the Highroads of this Isle, at such Places as shall be deemed most necessary and convenient for Travellers and Carriages, in Manner hereafter directed and appointed by this Act; and likewise, that the old Bridges, and also the Chappel of St. John Baptist at the Tynwald, shall be repaired and amended in a sufficient Manner, under the same Direction hereafter mentioned: And for the raising and establishing of a proper Fund or Supply to carry on so necessary Works, be it ordained and enacted by the Authority aforesaid, That every Man and Woman, Natives of this Isle, of the Age of sixteen Years and upwards, and also every Stranger Man and Woman of the same Age inhabitting here shall and are hereby obliged to pay to the [258] Persons now to be appointed respectively to collect and receive the same, the Sum of one Penny each Yearly and every Year during the Term hereafter limited by this Act; and that none shall be exempt from the Payment thereof, save only such as shall be found to be decrepit, indigent, or disabled by Poverty, being past sixty Years of Age, and not otherwise, which is to be particularly enquired of and reported in the annual Accompts returnable by the Collectors hereafter mentioned. And be it further enacted by the Authority aforesaid, That the Overseers of the Highways in the several Parishes of this Isle shall be and are the Collectors nominated, impowered, and appointed by this Act, to levy, collect, and receive the said Penny apiece Yearly from all and every the said Person or Persons within their respective Parishes as aforesaid, who are to do, perform, and execute that Duty, and all other Dutys, Services, Matters and Things directed and laid down for them by this Act, upon Oath, to be administered unto them by the Deemster at the same Time they are or shall he sworn Overseers of the Highways, and for their Trouble and Encouragement therein are to have and retain to themselves the Sum of one Shilling as allowed them out of and for every twenty Shillings that shall be so collected by them; and that the Time of Collection shall be from the first Day of February to the first Day of May in every Year, the first Collection to begin upon, and so to comence from the first Day of February next after the Promulgation of this Act, and so to continue afterwards for and during the Term and Space of fourteen Years next ensuing the same: And if any Person or Persons shall be refractory, and refuse to pay the said Penny each Yearly upon Demand, at such Times and Places as shall be noticed by the Collector in every Parish, or wilfully absent themselves to evade the Payment thereof, such Offender or Offenders, upon Certificate of the Contempt returned by the Collector of the Parish to the Governor, shall be imediately confined by Execution from the said Governor, until he, she, or they shall submit to pay the same, besides a Fee of Fourpence apiece to the Soldier or Soldiers that shall comitt him, her, or them by such Execution; and if any Native or Stranger, chargeable as aforesaid, shall happen to be out of the Isle at the time of Collection in any Year, he, she, or they shall be obliged, under the same Restrictions, to pay upon his or their Return. And to the End that this Fund may be the more exactly collected and accounted for, the said Overseers and [259] Collectors, with the Assistance of the Captains of their Parishes, the Coroners of the respective Sheadings, and the four Great Enquest Men in every Parish, shall take a true Account or List in Writing at some convenient Time before the first Day of February in every Year, of the Names of all such Persons in every Parish as are to be charged by this Act, (incerting also the Names of such decrepit, indigent Persons being above sixty Years of Age, as they shall judge unable to pay), and afterwards to set down the Sums as received to every Person's Name; and to lay their Accounts, attested by the Captains, Coroners, and Enquest Men, annually before the Governor, Officers, Deemsters, and Keyes, at the Court of General Gaole Delivery to be held after the first Day of May; and at the same Time to pay in the Money by them severally collected, (exclusive of their own Allowance aforementioned), that the said Accounts may he examined and adjusted by such proper Person or Persons as shall then be commissioned and appointed for that Purpose, and the Money secured, in order to be afterwards applied to, disposed of, and laid out by the said Persons so commissioned and appointed as aforesaid, or by such others as shall or may be commissioned and appointed thereunto, in the building, erecting, amending, and repairing of Bridges, and of the said Chappel of St. John Baptist, as the said Governor, Officers, Deemsters, and Keyes shall from Time to Time think fit to direct and appoint, and in such Manner and Proportions as they shall see most necessary, according to the Intendment of this Act. But in order to prevent any Disputes that may arise concerning the different Places where such Bridges are fitting to be erected, and especially where those Works are to be begun and carried on, be it further declared and enacted by the Authority aforesaid, That as soon as there shall be a proper sufficient Fund raised towards the Purposes aforesaid, and after the necessary Repairs are made and performed upon the old Bridges, now broken, decayed, or insecure. and upon the said Chappel of St. John's, which are hereby intended to be first amended and put in Order, there shall then be a Bridge first built over the River of Sulby, in the Parish of Kirk Christ Lezayre, at and upon the most convenient Part or Place of or near the antiente Highway there; and in the second Place another Bridge shall be built over that River called the Great River, in the Parish of Kirk German, between St. John's Chappel and Peeltown, upon the most convenient Part or Place of or near [260] the High Road there; and a third Bridge shall be built over that River between Kirk Malew and Kirk St. Ann upon the Highway between Castletown and Douglas, or some convenient Part or Place near the said Highway; and a fourth Bridge over that River between Ramsey and Kirk Bride and Kirk Andreas, upon the most convenient Part or Place of the Highway there; and a fifth Bridge over that River near Peeltown, between Kirk German and Kirk Patrick, at or near the most convenient Part or Place of the Highway there; all which Bridges are to be so built and erected under the Direction of the Person or Persons so to be comissioned, appointed, and intrusted with the Management of the said Works intended to be done pursuant to this Act; and afterwards such other Works of the same Kind to be undertaken and performed as the Governor, Officers, Deemsters, and Keyes shall from Time to Time agree upon and direct, any Thing herein-before contained to the contrary notwithstanding. And be it further enacted by the Authority aforesaid, That whenever or wherever it shall so happen and fall out that any of the said Bridges or any other Bridge to be afterwards erected pursuant to this Act, cannot conveniently be built upon the antient High Roads leading through any of the said Rivers, Streams, or Waters, it shall and may be lawfull for the said Person or Persons to be appointed Commissioners or Managers of the Works as aforesaid, to break and lay open convenient and necessary High Roads into and through the Lands adjoining, whether they be Quarterlands or Intacks, Lord's Lands or Barron's Lands, so as to make the said new High Roads lawful and commodious for the Publick to and from the said Bridges or any of them, at the Discretion of the said Commissioners or Managers; and in lieu and consideration thereof, it shall be lawful for the Owner of such Lands not only to enclose the old Highway into his Lands, but likewise to be allowed and paid such further reasonable Satisfaction or Sum of Money as shall be estimated by six honest Men, to be impannelled and sworn as Occasion shall require by the Coroner of the Sheading, by virtue of a Process from the Governor or Deemster out of the Parish or Parishes where the same shall happen; and the said six Men to consider as well as of the Quantity and Quality of the old Road, as of the Land so taken for, a new Road; and, if they find the old Road not to be sufficient Satisfaction to the Owner of such Lands, then to allow him further Reparation, to be paid him in Money by the said [261] Managers out of the Fund to be raised by this Act as aforesaid, as it is always intended that such Owner is to have an equivalent: And if any Owner of such Lands, or any in his behalf, shall resist or be refractory, he or they, upon Certificate of the Contempt from the Overseer of the Work, shall forthwith be confined by Execution from the Governor until he or they shall give Bond to submit, and pay all necessary Charges occasioned by the Contempt; but it is not to be understood that such Confinement shall be any Hinderance or Obstruction to the carrying on of the Work in Manner before mentioned and directed by this Act. And whatever Stones, Gravel, or Sand, shall at any Time be wanting for the carrying on and finishing all or any of the said Works, it shall be lawfull for the said Commissioners, Managers, or Overseers of the Works, to furnish themselves with such Stones, Gravel, and Sand as Occasion shall require, in Manner already directed by one of the explanatory Acts to the Act of Settlement, and by the Act for repairing the Highways within this Isle; always provided, that wherever Satisfaction is by those Acts to be made to the Owners of the Lands were such Necessarys are got, the same is to be made out of the Fund intended to be raised by this Act as aforesaid.

At Castle Rushen, the 18th of August, 1739.

I do allow of and confirm the before written 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 the antient Form and Custome of my said Isle.

ATHOLL and STRANGE.

[262] At a Tynwald Court holden at St. John's Chappel

the 1st Day of October, 1739.

The beforegoing Act was this Day publickly proclaimed upon the Tynwald Hill according to the antient Forme and Custome of this Isle; as witness our Subscriptions,

INSULAE MONAE.

An Act for the better collecting and applying of the Fund settled for the repairing of the Sea-Ports and Harbours of this Isle, and for enlarging the Number of Public-House Lycences.

Whereas it is observed that the Fund settled and established by a late Act, intituled, "An Act for the repairing and amending of the Sea-Ports and Harbours of this Isle," passed at a Tynwald Court held the sixteenth Day of July, which was in the Year of our Lord one thousand seven hundred and thirty-four, hath not been so duly collected, nor so properly applied to the particular Directions of the said Act as it ought to be, by reason the Collectors of the said [263] Fund, nor the Supervisors intrusted to apply the same and direct the Works, do not act under the Sanction of an Oath or Oaths for the faithful Discharge of their respective Dutys. Be it therefore ordained and enacted by the Most Noble and Puissant Prince James Duke of Atholl, Baron Strange, Lord of Mann and the Isles, &c. by and with the Advice and Consent of the Governor, Council, Deemster and Keys, in this present Court of Tynwald assembled, and by the Authority of the same, That the said Collectors of the Fund settled by the said Act for repairing and amending the Sea-Ports and Harbours, and also the Supervisors appointed and intrusted with the Management and Application thereof shall for the future be sworn every Year to execute and discharge their Dutys respectively in the Manner laid down and directed by the said Act; and the Oath or Oaths to be administered unto them by the Comptroller, either at the Tynwald Court, or at any other proper Time and Place he shall think fit to require them thereunto, shall be to the Tenor and Effect following; that is to say, the Oath to be administered unto the Collectors shall be, that they shall truely and carefully from Time to Time levy, collect, and receive the Rates, Dutys, and Tunnage accrewing from Ships, Boats, and Merchandizes by the said Harbour Act, to the best of their Power, without Failure or Neglect, and render a just Account thereof, and pay in the Money by them collected, (exclusive of their own Allowance), to the Supervisors of their respective Ports, as often as is needful, or as often as they shall be called upon for the same: And the Oath to be administered unto the Supervisors shall be, that they shall duly and truly discharge their Duty according to the Tenor and Direction of the said Act in every Respect, and call in the Accounts and Money collected pursuant thereto as often as shall be needful and proper to be done, so as not to let the Collectors run in Arrear; and that they shall from Time to Time apply the Produce of the said Collection to carry on proper and necessary Works and Amendments in their Harbours, and always give proper Directions in and about the same, to the best of their Skill and Judgment, and employ proper Workmen in such Works, and provide sufficient and usefull Tools and other Materials at the most reasonable Prices without Favor and Affection, and take Care to secure such Tools and Materials from being carelessly lost, broken, or spoiled, and do every Thing therein to the best Advantage as far as in them lyes, and lay a true State of [264] their Accompts and Proceedings annually before the Governor, Officers, Deemsters, and Keyes, or any Committee by them appointed, for the Examination and adjusting of the same. And be it further enacted by the Authority aforesaid, That when any Works are to be made or carryed on in any Port or Harbour of the said Isle, the Supervisors of such Port or Harbour shall first consult and take the Opinion and Direction of at least two of the said Committee annually appointed at the Tynwald by the Governor, Officers, Deemsters, and Keyes for the ensuing Year, as the Necessity and Conveniency thereof, or the Opinion and Directions of the whole Committee, as those two Members shall see Occasion for it, to the End that the Fund may be duely applied, and proper Works done according to the Intendment of this Act, and of the said former Statute provided in that Behalf: And if any Collector or Supervisor shall neglect or refuse at any Time to attend the Committee, or to come to be sworn when thereunto required, he or they so offending shall be forthwith sent for by Soldiers, and stand comitted till he or they submitt, and pay all Charges occasioned by the Contempt. And be it further enacted by the Authority aforesaid, That no Money shall hereafter be borrowed by the Supervisors of any Port or Harbour of the said Isle pursuant to, or by force or virtue of the said former Statute, without the Approbation and Consent of the Governor, Officers, Deemsters, and Keyes, or at least of the Committee by them appointed from Time to Time as there shall be Occasion for the same, either upon Bond or otherwise howsoever, any Thing contained in the said former Statute to the contrary notwithstanding. —And that all Moneys which shall hereafter be borrowed for that Purpose shall bear six Pounds per Cent. Interest according to Law.

And whereas the Number of Lycences for retailing Liquors, limited by an Act, entituled, "An Act to suppress petty Ale-houses and Tippleing-houses within this Isle," passed at a Tynwald Court holden the sixteenth Day of July which was in the Year of our Lord one thousand seven hundred and thirty-four, is found to be too few, which being in many Respects inconvenient to the Publick; be it therefore enacted by the Authority aforesaid, That the Number of Lycences for selling and retailing Beer, Ale, Wine, and other Liquors for the future, shall be three hundred (at five Score to the Hundred) and no more, any Thing contained in the said Act to the contrary notwithstanding; and the Fee for [265] every Lycence to be the same, and applied to the same Uses, proportionably as is expressed and limitted in and by the former Act or Statute aforementioned.

London, the 18th Day of March, 1739-40,

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

ATHOLL and STRANGE.

At a Tynwald Court holden at St. John Chappel, the 24th Day of June, 1740.

The beforegoing Act was publickly proclaimed upon the Tynwald Hill according to the antient Forme and Custome of this Isle, as witness our Subscriptions,

An Act to regulate and expedite the Proceedings of Grand Enquests, called Long Jurys, and for lycencing Strangers, Pedlars, and Chapmen.

Whereas by a Statute made in the Year of our Lord one thousand seven hundred and thirty-six, it was enacted and provided, That all Grand Jurys of twenty-four Men selected to pass upon and try the Verdicts of Great Enquests, should always give in their Verdicts at the Courts of Gaole Delivery, where the Partys might have an Opportunity to be present to make their Objections, if they had any, in open Court:

And whereas such Grand Jurys finding that their Verdicts are to be received only upon such prefixt Court Days, hold but twice in the Year, have hitherto evaded coming to a Determination of the Causes before them by a pretended Disagreement in Opinion, and continuing under Confinement till the Court was over, knowing they must then be released till the next Court, and so on from Court to Court, to the Hinderance of Justice, and great Trouble and Expence of the Partys in Suit; be it therefore enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord of this Isle, by and with the Advise and Consent of the Governor, Council, Deemsters, and Keyes of the said Isle, in this present Court assembled, and by the Authority of the same, That in case any such Grand Jury or Jurys, at any Time hereafter, or that are now depending, shall not be ready with their Verdict to be delivered in at the Courts of Gaol Delivery as appointed by the said Statute, it shall then be lawful for the Magistrate whose Authority convened them to receive the Verdict or Verdicts out of Court, in the same Forme and Manner as is appointed for other Jurys and Enquests, and to stand committed till they agree upon and deliver their Verdicts as usual in such Cases, any Thing contained in the said Statute to the contrary notwithstanding.

And forasmuch as it is observed that many Pedlars and [267] Chapmen, who are Strangers from other Countrys, have of late Years made it their Trade to come into this Isle, and, travel from Place to Place, and House to House, to sell their Goods, and carry off the Produce, which being a Detriment to the Publick, be it therefore further enacted by the Authority aforesaid, That no Pedlar or Chapman, being Strangers, shall, from and after the 29th Day of September next after the Promulgation of this Act, for and during the Term and Space of thirteene Years thence next ensuing the same, be suffered to travel about to sell his or their Goods in this Isle, without the Governor's Lycence first had and obtained for the same, upon Pain of such Pedlars and Chapmen so offending to forfeit the Sum of five Pounds, one Half to the Lord, and the other Half to the Informer, to be levyed by Execution from the Court, after Hearing and Proofe made of the Information and Judgment given therein; and that the Oath of the Buyer or Buyers shall be sufficient to convict the Offenders, and the Execution to extend to both their Persons and Goods, till Satisfaction be made for the said Forfeiture; and whenever any Information is made, the Person or Persons informed against shall forthwith he held to Bail by Order from the Governor for his or their Appearance to answer the same. And be it further enacted, That when any such Pedlar or Chapman shall move or apply for a Lycence, he shall be obliged, besides the Fee of Sixpence for writing out the Lycence, to pay down the Sum of twenty-four Shillings, to be secured and applied to augment the Fund appropriated by Law for the building and repairing of Bridges, &c. or to such other publick Use for the common Good of the Country, as the Governor, Officers, Deemsters, and Keyes shall from Time to Time see most proper, any Law, Order, or Custome to the contrary hereof in any wise notwithstanding.

Castle Rushen, the 27th July, 1741.

At Dunkeld, the 31st Day of August, 1741.

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

ATHOLL and STRANGE.

At a Tynwald Court holden at St. John's Chappell the 19th Day of April, Anno Domini 1742.

The before-written Act was this Day publickly proclaimed upon the Tynwald Hill according to the antient Forme and Custome of this Isle; as witness our Subscriptions the Day and Year above written,