[from Mills' Statutes, 1821]

INSULA MONAE.

An Act to enable the Right Reverend Thomas Lord Bishop of this Isle to exchange the Glebe Lands, Vicarage House, Gardens, &c. belonging to the Parish Church of Kirk Braddan, for more comodious Lands near that Church, to be appropriated to the same Use and Purpose.

Whereas the said Lord Bishop hath made Application to this Court representing that he hath received an humble Petition and Supplication from the Vicar, Churchwardens, and principal Inhabitants of the Parish of Kirk Braddan, setting forth, that the Church House there, by being in a Valley, and standing upon wet springy Ground, is exposed to and annoyed with perpetual unwholesome Damps, vastly pernicious (as Experience hath too much shewn) to several Familys, who have been obliged to quit the Place, particularly the Rev. Mr. John Cosnahan, the present Vicar there, who is forced to betake himself and Family to a rented House in Douglas, which is not only expensive, but inconvenient to the Exercise of his parochial Offices; and therefore praying that his Lordship would be pleased, in consideration of the Premisses, to take proper Methods for the exchanging of the said Glebe Lands, Vicarage House, and Gardens, for an Equivalent, but more comodious Lands, Part of the Estate of Captain Edward Fletcher, scituated upon a riseing Ground near the said Parish Church, which he the said Captain Edward Fletcher hath already agreed to, and the same to be appropriated as a Glebe to the said Church, and a Vicarage House to be erected thereon, with other necessary Conveniencys, for the constant Residence of the Vicars within the Parish; and that his Lordship approving of the Proposal made by the Petitioners, but holding the Premisses now appertaining to the Church not to be transmutable without the Authority of an Act of Tynwald impowering him thereunto, so as to be binding on his Successors; and the Court, upon Consideration of what his Lordship and the Petitioners now present, have offered in Favour of the said Petition, being made sensible of the Necessity and Conveniency thereof; may it therefore please the Most Noble Prince James Duke of Atholl, Lord Strange, Lord of Man and the Isles, &c. that it be enacted, and be it accordingly ordered, ordained, and enacted by his Grace, by and with the Advice and Concurrence of the Governor, Councel, Deemsters and Keyes, in this present Court of Tynwald assembled, and by the Authority of the same, That it shall be lawful for the said Thomas Lord Bishop of Mann to proceed to convey and give in exchange the said Glebe Lands and Vicarage House, with the Out-houses, Gardens, and their Appurtenances belonging to the said Parish Church of Kirk Braddan, or so much or such a Part of them, or any of them, as his Lordship, with the Advise of the Petitioners, shall see proper and convenient, for an Equivalent in Lands from the said Captain Edward Fletcher, according to the Supplication and Proposal of the said Petitioners, with competent Power and Authority to his Lordship to contract and agree with the said Captain Fletcher for that End and Purpose, and thereupon to perfect sufficient Deeds, Conveyances, and Assurances in Law, for the said Transmutation, and do all Things necessary thereunto so as to make a good Title in and unto the Premisses so to be exchanged unto him the said Captain Fletcher, his Heirs and Assigns, for ever; which said Deeds being reciprocally perfected by the Partys, and receiving the Qualifications requisite in Law, shall be effectually binding on his Lordship and his Successors, Bishops of this Diocese, as also upon the said Captain Fletcher and his Heirs, to all Intents and Purposes for ever after and the exchanged Parcel or Parcels of the said Capt. Fletcher's Estate to be at all Times hereafter appropriated to, reputed, enjoyed, and continued as the Glebe Lands of and belonging to the said Parish Church of Kirk Braddan, and for building a Vicarage House, with other convenient Improvements thereon, in the same Manner and Nature as the present Vicarage House and Glebes have hitherto been, and those to be held in exchange by the said Captain Fletcher and his Heirs, as in any other Part or Parcel of his or their Estate, subject nevertheless to the Conditions and Reserves to be made and agreed on by the Partys in and by the said Deeds according to the intended Design; reserving always the Lord's Rents, Fines, Boons, Suits, Services, and other Rights, Dues, and Dutys, (to he fixed and sufficiently secured by the said Partys to the Approbation of the Governor and Officers in their said Deeds of Exchange) as if this Act had never been made, any Thing herein contained to the contrary notwithstanding.

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.

At a Tynwald Court holden at St. John's Chappel the 24th Day of June, 1742.

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,

To the Right Reverend Father in God Thomas Lord Bishop of Sodor and Mann.

Sheweth,

That the Scituation of the Church House in the said Parish being in a low Valley, and exposed to unwholesome Damps, is so uncomfortable to live in that the present Vicar (after a tedious Sickness) was obliged to quit the Place for the Preservation of himself and Family, and to live in a rented House for some Years past, to his great Expence; during which Time there have been several succeeding Dwellers in the said Church House, who, to their Loss of Health, have experienced the unwholesome of the said Damps: This is manifestly apparent, and the House is in such a ruionous Condition, that the yearly Reparation thereof must be a growing Burthen to the Vicar: But were the said House habitable, it is most inconvenient to live therein, being there is no more Glebe adjoining it than a small Garden, and about Half a Daymoth of Hay.

Now whereas Captain Edward Fletcher, upon Application made to him, has out of a good Disposition been so bountifull as to promise five or six Days Plowing of good Arrable Land in exchange for the said Church House and Premisses; which Land consists of two Crofts, viz. the one called Crot-y-Killip adjoining to Ballamanaugh on the South Side, and to William Curghey's Rent on the West; the other Croft, known by the Name of Crot-y-Cottier, adjoining to Thomas Stoale's Rent on the North, and to said Ballamanaugh on the East Side; which said Crofts are at no more Distance from the Church than 518 Paces, as exactly measured; and the said Captain Fletcher engages to pay the Lord's Rent as usual, and to reserve a Stable at the Church for the Minister. We whose Names are subscribed do therefore beg Leave to represent, that if a Church House was built in the said Croit-y-Killip, the same would be for the Benefit of the succeding Vicars for ever, especially since it is nearer Balla Cretney, the Purchase lately made and endowed by your Lordship for a new Glebe; and we pray your Lordship will please to recomend this to the Legislative Power of this Isle, that a Law may pass for the perfecting thereof.

Your Lordship's good Endeavours towards this publick, pious, and charitable Work, will be a real Blessing, and your Petitioners, as in Duty bound, will for your Lordship's eternal Felicity ever pray.

John Cosnahan, Vicar.

Phi. Moor, Chaplain of Douglas.

We, Thomas Lord Bishop of Sodor and Mann, and John Cosnahan, Vicar of Kirk Braddan, do promise and hereby oblige ourselves, our Executors, Administrators, and Assigns, that we will, within two Years next after that the Legislative Power of this Isle have agreed to and approved of the Proposals mentioned in the within Representation, build a Vicarage House upon the Premisses of the same Dimensions with the new Church House of Kirk Lonnon, at our own proper Cost and Charges, the Expences of the Vicar's Part to be laid out herein according to the Law provided in that Behalf. Given under our Hands the 13th Day of November, 1741.

Tho. Sodor and Man.

John Cosnahan.

At Bishop's Court, March 24th, 1741.

I, John Cosnahan, Vicar of Kirk Braddan, do hereby acknowledge to have received the Sum of fifteen Pounds at and from the Hands of the Right Reverend the Lord Bishop, being the Sum contributed by his Lordship towards the building the new Vicarage House, and do promise and oblige myself to build and finish the said Vicarage House according to the above Demensions, and in pursuance of the Law provided in that Behalf.

John Cosnahan.

An Act to prevent Champarty,

For the Discouragement of Law-Suits which are or may be fomented and carryed on within this Isle by Champarty, be it enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Councel, Deemsters, and Keyes in this present Court assembled, and by the Authority of the same, That from henceforth no Pleader, Attomey, Solicitor, or other Person, shall take up, move, or maintain any Plea, Cause, or Suit in any of the Courts of the said Isle, or before any Judge or Magistrate thereof by way of Champarty; that is to say, by making any Bargain, Contract, or Agreement before Hand, or during the Plea, to have Part of the Land or Profits of the Lands in variance, or Part of Debt or other Thing in Suit, or any Reward thereof, either by their own Procurement, or by others, not to carry on such Suit or Plea at his or their own proper Cost upon the Event of the Cause; and if any do, and be thereof lawfully convicted, he or they so offending shall be fined and imprisoned, and be declared incapable of practising in the Law at any Time afterwards; and if the Champartors shall happen to be discovered upon the Hearing or Trial of any Cause or Suit, the Judge before whom it is depending shall remit him or them over to be tried; and all Trials for Champarty shall be by Procedure by a Jury, as in other criminous Offences, according to the due Course of Law; and the Prosecution may be comenced and carried on either at the Lord's Suit by the Attorney Generall, or by the Party agrieved: Provided always, that this Act shall not be understood to prohibit or restrain the Assistance of Parents, or near Relations or Friends, to any Party in Suit; and that a Grant or Bargain made to have Part of the Thing in Demand when recovered to satisfy a just Debt, or other Thing justly owing, shall not be deemed Champarty within the Intendment thereof: Provided also, and be it further enacted by the Authority aforesaid, That any poor Person or Persons (destitute of Relations and Friends to yield such Assistance) who hereafter shall have Cause of Action or Accons against any Person or Persons within this Isle, shall, upon Application to the Court or Judge before whom the Suit depends, or is to be commenced, and making Oath that he or they is not worth five Pounds after his or their Debts paid, be allowed, to employ an Attorney or Attorneys, who will undertake his or their Cause of Suit, to manage, solicit, plead, defend, and carry on the same through the Course of Law; which Attorney or Attorneys shall be allowed to lay out and expend his or their own Money as necessary in the Prosecution thereof, to be repaid upon the Event of the Cause; and for their Indemnification therein, and to recompence him or them for his or their Fees, Trouble, and Expences, such Court or Judge, upon the Request of such poor Person or Persons, is hereby authorized and impowered to grant him or them Liberty to give and make such Attorney or Attorneys Security upon the Estate, Houses, Lands, Goods, Chattels, or Effects in Issue, or to be sued for, either by Sale, Mortgage, or Assignment, to such Extent or Amount as such Court or Judge shall see reasonable; and such Deeds or Assignment so made shall receive the necessary Qualifications and Formalitys, of Law, and shall both in Law and Equity work upon the Estate or Thing in Question when the same shall be recovered, or finally determined in his or their Client's Favour, any Thing hereinbefore contained to the contrary notwithstanding: Provided always, that it is hereby enacted, that this Act shall continue and be in Force for the Space of three Years, to be reckoned from the Day of the Publication thereof, and from thence to the next Court of General Gaol Delivery to be held after and from that Time for two Months afterwards and no longer.

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 Chappel, the 24th Day of June, 1748.

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

INSULA MONAE.

An Act to establish the Deemsters Fees for Tokens and Charges to Witnesses, &c.

Whereas it is observed, that littigious Suits in Law have of late Years greatly increased within this Isle, especially before the Deemsters prosecuted generally upon trivial Occasions, and often without other Cause of Suit than to gratify revengeful Dispositions, whereby many peaceable and well-disposed Persons are frequently troubled, Idleness encouraged, Industry neglected, and both the Magistrate and People perplexed and disquieted; and it being manifest that these publick Prejudices and Propensity to Litigiousness arise chiefly from the Cheapness of the present Law Fees, and the Want of proper Fees being allowed on the Deemster's Processes and Charges to Witnesses; be it therefore ordained and enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Counsel, Deemsters, and Keyes, now in this present Court assembled, and by the Authority of the same, That from and after the Day of the Publication of this Act, for and during the Term hereafter mentioned and limitted, the Perquisites or Customes heretofore paid and payable to the Deemsters about Allhollow Tide or Christmas, in lieu of their Token Fees, usually collected by a Number of People called the Bonnock, or by the Lockman of the Parishes, or others, shall cease; and that in Place thereof, whenever any Person or Persons shall apply for and obtain a Token or Process from either of the Deemsters in any Cause littigated between Party and Party, either before themselves, or in any Procedure by Jurys or Enquests, or otherwise, (the Lord's Causes always excepted), he or they shall he obliged to pay such Deemster in every such Cause the Fee of Twopence for the same, and likewise Twopence for every Presentment.

And whereas the Statute made in the Year of our Lord one thousand six hundred and sixty-seven, touching Charges to Witnesses, doth not in these Days answer the End thereby intended, when the Trouble of Witnesses hath encreased with the Number of Suits, be it therefore further enacted by the Authority aforesaid, That the said Statute for the Term of this Act shall stand suspended, and that Witnesses shall have their Charges allowed them, (save in the Lord's Causes) in Manner following; that is to say, every Person in the Degree of a Gentleman or Gentlewoman, that shall hereafter be charged as a Witness before any Court, Magistrate, or Minister of Justice whatsoever, within this Isle, holding Pleas of Contention, in any Cause or Suit between Party and Party, shall upon Appearance have and be allowed for his or their Trouble and Charges Sixpence for every parish through or in which he or she shall be obliged to travell, provided that the whole Allowance shall not exceed two Shillings and Sixpence; and every Person in the Degree of a Tradesman being charged, shall upon Appearance be allowed for Loss of Time Eightpence, besides Twopence for every Parish he shall be obliged to come through in like Manner, provided the Whole shall not exceed one Shilling and Sixpence; and every Woman in the same Degree Twopence for every Parish as aforesaid. And every labouring Man appearing upon Charge shall have Fourpence for his Loss of Time, besides a Penny for every Parish through which he shall be obliged to come; and every Woman of that Degree Twopence a Parish as aforesaid: And to avoid Disputes in point of Distinction, the Degrees or Denominations of the Witnesses shall be regulated by and at the Discretion of the Court or Magistrate before whom the Cause depends, and the Charges levied and paid them respectively by the Party or Partys in whose Suit he, she, or they shall be summoned or charged, by imediate Execution from such Court or Magistrate before whom they appear, by way of Pawn, according to the due Course of Law, or by Order of Comittment where the Nature of the Process by the Rules of the Court doth so require it. And be it further enacted, and provided, That whenever any Defendant shall happen to be cast in any Cause or Suit depending before any the Courts, Judges, or Magistrates aforesaid, it shall be lawful for such Court, Judge. or Magistrate, to award Execution to the Plaintiff against the Defendant for the Witnesses Charges and Allowance aforesaid, as it shall also be for the Deemsters to grant the like Execution for their Tokens, Fees, and Presentments, before allowed by this Act, along with the subject Matter or Thing in Issue, or otherwise, as the Nature of the Case shall require, without further Suit or Accon; or if the Defendant shall incur a Contempt by Non-appearance, it shall subject him to the Plaintiff for the Witnesses Charges thereby occasioned, any former Custome or Practice to the contrary notwithstanding: Provided also, That if any Default shall fall out by the Non-appearance of any Juryman or Enquestman, Witness or Witnesses, in any Cause or Suit in Contention as aforesaid, whereby such Cause or Suit cannot that Day proceed to be determined without them, such Juryman, Enquestman, Witness or Witnesses, unless some lawfull Cause or Impediment, approved of by the Court or Magistrate, be shewn, so as to stop the taking of a Presentment, shall also be obliged by the like [279] immediate Execution to pay the Partys, Jury, Enquest, and other Witnesses, all the Charges occasioned by such Contempt, to be regulated as in the Case of Witnesses at the Discretion of the Magistrate in Manner before mentioned in this Act; provided always, that it is hereby enacted that this Act shall continue and be in force for the Space of three Years, to be reckoned from the Day of the Publication thereof; and from thence to the next Court of General Gaol Delivery to be held after and from that Time for two Months afterwards, and no longer.

Note, The Words (and Presentments) were above interlined before Signing.

An Act for the better preventing of Petty Larceny and Trespass.

Whereas the secret comitting of Petty Larcenys and Trespasses is become a general Grievance of this Country by the Suspension of that laudable Practice of Proceeding in the first Instance, to discover the Offenders by Jurys of Enquirey, be it therefore enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Councel, Deemsters, and Keyes, in this present Court of Tynwald assembled, and by the Authority of the same, That for and during the Term and Littittation of this Act in all Complaints of Petty Larceny and Trespass clandestinely committed by Persons, Horses, Sheep, or other Cattle unknown, and so given upon Oath by the Party complaining, it shall be lawful for the Governor, Deemsters, or other Magistrates of this Isle, who have Jurisdiction of Enquireys, as it appertains unto them in their several Stations, to grant the said Party injured a Process to the proper Officer for a Jury of Enquirey, to enquire of and discover the Offender or Offenders who did the Fact complained of, by Examinations upon Oath in Manner following; that is to say, Upon such Complaints of Petty Larceny, in all Things left to the Valuation of a Jury, by the Statute made in the Year of our Lord one thousand six hundred and twenty-nine, and other Instances of such like Nature, the Method of Proceeding shall be, and shall be understood to be, that all suspected Persons and others who shall be sumoned to the Jury of Enquiry (which in that Case is to consist of six Men) shall be examined upon Oath, and be obliged to give their Oaths, in relation to the committing of the Fact enquired of, either by themselves or others; and if any Person or Persons (conscious of his or their own Guilt) shall wilfully refuse to give such Satisfaction upon Oath for the Discovery of the Offenders, he or they so refusing shall be held as guilty of the Fact; or if the Larceny upon the Enquiry shall happen to be found by the Jury, in either Case they shall Verdict, and leave the Offender or Offenders to be fined and punished at the Discretion of the Court: Provided always, and be it further enacted, That if the Larceny in Question shall appear or turn out to be Grand Larceny, to the Amount of Sixpence Halfpenny by the Valuation of the Jury, the same Jury shall then proceed by way of Inquisition for Felony, and upon Proof, Confession, strong Presumption, or Suspicion, supported by good and prevailing Circumstances, shall indict the Offenders according to the comon Course of Law, and the Oath at first given them shall be to the Tenor, Effect, and Purpose of this Act, any Thing contained in the said Statute of the Year one thousand six hundred and twenty-nine, or any other Law or Custome to the contrary notwithstanding. And in Complaints of Trespass of the Nature aforesaid, all suspected Persons or others, and all Owners of Horses, Sheep, and other Cattle, sumoned or charged to the Jury of Enquirey, (which in that Case is to consist of four Men), shall and are hereby obliged to give their Oaths in like Manner for the Discovery of the Trespassers who committed the Trespass complained of, whether it be by themselves or others, or by their own Horses, Sheep, or Cattle, or those of others; and if any refuse, he or they so refusing shall be deemed guilty thereof or if the Trespass be found by the Jury, they shall verdict and in either Case leave the Offenders to the Discretion of the Court, to be fined with Damages of four Times the Value to the Party injured, estimating the same to the full Worth at their Peril; provided, that if the Complaint be for cutting. spoiling, or destroying any Tree, or Plantation of Trees, or any Set, Plant, or Graft, or for throwing down or breaking into Inclosures with their Cattle, Horses, or other Goods, in the Night Time, or such like wilful, secret and unconscionable Trespasses, the Offender or Offenders in those Cases shall not only incurr a severe Fine to the Lord, but shall also for every Tree, Set, Plant, or Graft so cut, spoiled, or destroyed, pay the Party injured twenty Shillings for extraordinary Damage, and ten Shillings Damage extraordinary for every such other wilfull and clandestine Trespass as aforesaid, over and besides the fourfold Damages above mentioned; provided also, That, all Persons who shall maime, or otherwise maliciously hurt Cattle, or such like Goods, shall still be proceeded against according to the Statute made in the Year of our Lord one thousand six hundred and seventy-three; but with this Alteration, that fourfold Damages shall be given as above directed by this Act, the said Statute or any Custome to the contrary notwithstanding.

And be it further enacted by the Authority aforesaid, That all and every the Damages beforementioned shall be recoverable by Execution from the Judge, Court, or Magistrate concerned, upon Sight of a Copy of the Verdict from Record, and levyed by way of Distress of the Goods and Chattles of the Offenders, without further Suit or Accon; provided nevertheless, that any Person finding himself aggrieved may be allowed to traverse such Jury's Verdicts according to the accustomed Course of Proceeding in such Cases.

And whereas it is observed that the Coroners of this Isle have for many Years past neglected to swear in Fodder Jurys yearly within their respective Sheadings, according to the Appointment of a Statute made in the Year of our Lord one thousand six hundred and ninety-one, whereby the good Intent of the said Statute is frustrated, and Trespasses become unsufferable; to remedy which, and for the more effectual Discouragement of Trespass, be it further enacted by the Authority aforesaid, That if any Coroner shall hereafter refuse or neglect to impannel and swear in a Fodder Jury in every Parish within his Sheading yearly, upon the twenty-fifth Day of March as directed by the said Statute, upon Complaint made or Knowledge given thereof to the Court, such Coroner shall be fined in three Pounds to the Lord; and that the Fodder Jurys so sworn shall strictly proceed and do their Duty under the Penaltys prescribed by the said Statute, and that ex officio: Provided always that it is hereby enacted, That this Act shall continue and be of force for the Space of three Years, to be reckoned from the Day of the Publication thereof, and from thence to the next Court of Generall Gaol Delivery to be held after and from that Time for two Months afterwards, and no longer. And it is further provided and enacted, That hereafter the Farmers shall be included and proceeded against in the same Manner as the Intack and Cottageholders, and all of them to give an exact Account of their Cattle, Horses, and Sheep to the Fodder Jury, on Penalty of three Pounds for every Default or Neglect; and this to continue for the same Time.

An Act to settle and ascertain the Fees belonging to the Officers of the Spiritual Courts of this Isle.

Be it ordained and enacted by the Most Noble Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Councel, Deemsters, and Keys, of the said Isle, in this present Court of Tynwald assembled, and by the Authority of the same, That the before written Table of Fees doth contain, and shall be the standing Fees [283] and Perquisites belonging to, and hereafter payable to the Officers of the Spiritual Courts of this Isle; and that no other or further Fees shall be taken or received by them, or any of them, but what are in the said Table contained and mentioned, any former Custome or Practice to the contrary notwithstanding.

An Act to repeal or discontinue the Laws touching Yarded Servants.

For the Freedome of Servants from Yarding, be it ordained and enacted by the Most Noble Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Councel, Deemsters, and Keyes, in this present Court of Tynwald assembled, and by the Authority of the same, That the Customary Laws incerted in the Statute Book, and the Acts made in the Year of our Lord one thou sand six hundred and sixty-two, touching the Privillidge of the Deemsters, Moars, Coroners, and Sergeants of Barronys, within this Isle, of obtaining Servants by the Yard yearly at Allhollowtide and May, are and shall hereby stand repealed and discontinued, and the said Officers Privillidge cease for the Term and Space of three Years, to be reckoned from the Day of the Publication of this Act, and from thence to the next Court of Generall Gaol Delivery to be held, after and from that Time for two Months after, and no longer, the said Laws or any other Law or Statute notwithstanding.

An Act for the better Defence of the Island and more effectual Preservation of the Lord's Game.

Whereas it is represented by the Keyes of this Isle, that the Inhabitants thereof are generally willing and desirous to purchase arms for themselves, and each to keep a Firelock in his House, always in good Order and fit for Service, with a Request that they may pass to their Heirs instead of the Corbes now due by Law; which Proposal, under a Restriction for Preservation of the Lord's Game, being held reasonable and approved of, be it therefore enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Councel, Deemsters, and Keyes of the said Isle, in this present Court assembled, and by the Authority of the same, That from henceforth it shall be lawfull for every Landholder, and other Housekeepers within this Isle, being Protestants, to Purchase themselves Arms as requested, and each to keep a Firelock as well for the Protection of their own Houses and Familys, as for the Service and Defence of their Country upon all emergent Occasions; provided they always keep them clean and in good order at the Sight of the Captains of the respective Parishes and Towns in their several Divisions, who for that End and Purpose are to call them forth with their Arms at least four Times in the Year, and report their Condition to the Governor; and that the said Arms shall go and descend to their Heirs and Assigns in place of the antient Weapons of War called Corbes, mentioned in the Statute provided in that Behalf, and be deemed full Recompence and Satisfaction for the same, the said Statute notwithstanding: But that the Liberty granted by this Act may not prejudice the Lord's Game, be it further enacted by the Authority aforesaid, That none shall hereafter presume to carry about a Gun to fowle or shoot, kill or destroy the Lord's Game, without the Governor's Lycence in writing first had for the same, upon Pain of forfeiting three Pounds, one Half to the Lord, and the other Half to the Person or Persons informing against or presenting the Offence, in Manner hereafter directed by this Act. And for the better Discovery of such as shall transgress herein, be it further enacted by the Authority aforesaid, That the Method of Proceeding upon this Act shall be by Information upon Oath or Presentment made unto the Court by a Jury of Enquiry of four Men, to be impannelled and sworn in every Parish yearly after Midsomer by the respective Coroners, to enquire of and jointly or severally to make Presentments in the Premisses as Occasion shall require, in which they shall use their utmost Dilligence, as they will avoid a Fine of five Shillings apiece for every Default or Neglect; and that the Coroners and Lockman are also hereby obliged to enquire of and make Informations or Presentments against the Contemners of this Act; and if any of them shall be found to faile therein, they shall be fined at the Court's Discretion for every Default or Neglect.

And further, That it shall be lawfull for all other Persons as well as those already mentioned, to make Informations on this Act; and that upon every such Information, upon Oath or Presentment made, the Offender or Offenders, being first heard, shall be condemned by the Judgment of the Court in the Penalty afforementioned; and that the Jury of Enquirey, or any of them presenting, or any Coroner or Lockman obliged to give Informations or make Presentments as aforesaid, shall be intituled to the Moiety of the Forfeiture, as any private Person should or could be by virtue of this Act, any former Law, Custome, or Practice to the contrary notwithstanding; and that none shall carry about their Guns to shoot Pidgeons, Patridges, or Growse, under the Penalty of twenty Shillings, one Half to the Lord and the other to the Informer, upon Proof or Presentment thereof made in Manner before-mentioned.

An Act to alter the Forrister's Day of going forth to clipp the Sheep in the Forrest, and to allow the Coroners and Sergeants of Barronys Poundage out of Pawn Goods, &c.

Whereas by a declarative Law set down and entered in the Book of Statutes in the Year of our Lord one thousand five hundred and seventy, the Forrester of this Isle is Allowed, after blowing his Horn on St. Columb's Eve and rangeing the Forrest, to go forth on the third Day with his Company to seek for unshorn Sheep, and to clipp them for his own use, &c; and it having been complained of for several Years past that the Forrester's going out to clipp Sheep on the Commons so early in the Summer is a general Prejudice to the Owners of Sheep, and that Matter being now so represented by the xxiiij Keyes, be it therefore enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Councel, Deemsters, and Keyes, in this present Court of Tynwald assembled, and by the Authority of the same, That that Part of the said Law, As to the Forrester going forth on the third Day after St. Columb's Eve, shall be and is hereby repealed; and that hereafter it shall not be lawful for the Forrester to go forth to clipp such Sheep on the Commons as his Perquisite till the twenty-first Day of June in every Year, the said declarative Law notwithstanding.

And whereas the Coroners and Sergeants of Barronys within this Isle have of late Years by the Littigiousness of the People and the Intercourse of Strangers been put to extraordinary Trouble and Charges in the selling of Pawn Goods by Executions at Publick Cant, and others by Orders of Chancery, without proper Allowance for the same, to recompence which, for the Time to come, be it enacted by the Authority aforesaid, That (over and besides the usual Fees) whenever any Coroner, Lockman, or Sergeant, shall hereafter sell Pawn Goods by virtue of any Decree or Execution whatsoever upon Publick Cant or Auction, he shall have and be allowed for his extraordinary Trouble, loss of Time and Expences, one Shilling out of every Pound, to be retained out of the Debtor's Goods which had been taken in Pawn, exclusive of the Creditor's Debt, and the former Fees and all other Charges attending it; which Poundage is to be regulated by the Debt in Execution; and in like Manner when Goods are sold by an interlocutory Order of Chancery upon Publick Auction by any of the said Officers, he shall also be intitled to have and retain the same Allowance of one Shilling for every Pound out of the Produce thereof, any former Law, Custome, or Practice to the contrary notwithstanding.

An Act to lay an additional Duty upon English and Irish Ale, and to repeal the Statute prohibiting the Importation of Malt.

Whereas the Importation of Ale at the Rate or Duty of two Shillings and Sixpence the Barrell by the Book of Rates is found to be greatly prejudicial to the Landed Interest within this Isle, be it therefore enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Councell, Deemsters, and Keyes, in this present Court assembled, and by the Authority of the same, That hereafter all Ale imported from Great Britain or Ireland shall pay seven Shillings the Barrell Duty to the Lord, any Thing contained in the said Book of Rates to the contrary notwithstanding; provided nevertheless that Ale imported hither for Exportation to other Countrys abroad shall, be allowed to come in at the old Duty of two Shillings and Sixpence the Barrell, the Importer giving Bond to the Collector of the Customs that it shall not be sold in the Island, but that he will again export the same within six Months, or, in Default pay the Duty of seven Shillings per Barrell. according to the Purport of this Act, and the Barrell to contain thirty-six Gallons.

And whereas by a Statute made in the Year of our Lord one thousand seven hundred and thirty-six, it was enacted that Malt should not thenceafter be allowed to be imported into this Isle, but that the same should stand prohibited to all Intents and Purposes whatsoever; but it being now observed that sundry Inconveniencys may arise upon the said Prohibition, be it therefore enacted by the Authority aforesaid, That the said Statute shall from henceforth be repealed, and the same is hereby repealed to all Intents and Purposes whatsoever; and that for the future Malt shall be allowed to be imported and entered in this Isle upon paying seven Shillings and Sixpence Duty to the Lord for every Bowle that shall be imported, the said prohibitary Statute notwithstanding. And that Apples and Pears shall not hereafter be imported or entered under Threepence the hundred Duty to the Lord, the Duty chargeable on them by the Book of Rates included.

An Act to prevent false Arreasts by the Waterbayliff's Authority.

Whereas Complaints are frequently made of Arreasts being made by the Waterbayliffs Authority at the Ports of this Isle to stop Traders and others just at their going off the Isle, upon Pretences of Debt and the like for a Tide's Water, without just Cause, or any Accon being afterwards brought as intended by the Law in consequence of such Arreasts, whereby many honest People are wrongfully detained from passing on their lawful Occasions, to their great Detriment; for Remedy whereof, be it enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Councel, Deemsters, and Keyes, in this present Court assembled, and by the Authority of the same, That if any shall hereafter vexatiously cause such Arreast to be laid by the Waterbayliffs Authority upon any Person or Persons for a Tide, and not afterwards bring his Accon, and make just Cause to appear for the same, there shall be Damages awarded against him or them to the Party injured, both for the Loss and Detention, at the Discretion of an Admiral Jury, to be impannelled at the Suit of such Party aggrieved for that Purpose, any former Custome or Practice to the contrary notwithstanding: But it is to be understood, and so deemed and taken, that although the Arreast is said to be laid for a Tide's Water, yet it shall continue for the Space of twenty-four Hours, that the Plaintiff may have Time sufficent to procure his Action.

London, the 15th Day of December, 1747.

I do allow of and confirm the eight Acts before written according to my Prerogative within my Isle of Man, and do order that the said Acts be proclaimed 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 24th Day of June, 1748.

The before written eight Acts were this Day publickly proclaimed upon the Tynwald Hill according to the antient form and Custome of this Isle; as witness our Subscriptions,

Examined by JOHN QUAYLE, C.R.