[from Mills' Statutes, 1821]

INSULA MONAE

At a Court holden at Castle Rushen the eighth day of January, in the Year of our Lord one thousand seven hundred and fifty-three, before the Honourable Basil Cochrane, Esquire, Governour, the Council, Deemsters, and twenty-four Keyes of the said Isle, the following Acts are passed:

An Act for regulating the Commencement of the Year, and for establishing the new Calender now used in England.

Whereas an Act of Parliament hath lately passed in England, importing that the legal Supputation of the Year of our Lord, according to which the Year beginneth on the twenty-fifth Day of March, hath been found by Experience to be attended with divers Inconveniencies, not only as it differs from the Usage of neighbouring Nations, and even from other Parts of Brittain itself, but also that frequent Mistakes and Disputes are thereby occasioned in the Dates of Deeds and other Writing, and that the Calender then in use, commonly called the Julian Calender, being discovered to be erroneous, the Spring Equinox, which at the Time of the General Council of Nice in the Year of our Lord three hundred and twenty-five happened on or about the twenty-first Day of March, now happens on the ninth or tenth of the said Month, and the said Error still encreasing, and if not remedied would in Process of Time occasion the several Equinoxes and Solstices to fall at several different Times in the civil Year from what they formerly did, which might mislead Persons ignorant of the said Alteration, and that a Method of correcting the Calender, in such Manner as that the Equinoxes and Solstices might for the future fall nearly upon the same nominal Days on which the same happened at the Time of the said General Council, having been received and established by almost all other Nations in Europe, it would be of general Convenience to Merchants and others corresponding with other Nations, and prevent Mistakes and Disputes in or concerning Dates of Letters and Accounts if received and established there; and whereas it is the Province and Benefit of the People of this Isle to conform in this Behalf to the said new Method of Supputation established in England, and the same having been already observed here during the Year now last past, that is to say, from and since the last Day of December one thousand seven hundred and fifty-one, the first Day of January then next following, having been accordingly taken and accounted to be the first Day of the Year one thousand seven hundred and fifty-two, and from that Day the several Days of each Month and the Feast of Easter, and other moveable Feasts thereon depending having gone on according to that Method to the second Day of September following, the eleven intermediate nominal Days of the common Calender being then omitted, the Day next after accounted to be the fourteenth Day of the said Month, and so from thence the several natural Days reckoned and numbered forwards according to the Order and Succession of Days used in the new Calender; yet nevertheless it being found necessary to establish the same by a Statute Law in this Island,

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. by and with the Advice and Consent of the Governour, Council, Deemsters, and the twenty-four Keys in this present Court assembled, and by the Authority of the same, That all Acts, Deeds, Proceedings, Bills, Bonds, Notes, Letters, Accounts, and other Writings, and all other Matters and Things whatsoever, had, made transacted, or done for and during the said Year one thousand seven hundred and fifty-two, from the last Day of December one thousand seven hundred and fifty-one, and so on to the Comencement and Promulgation of this Act, and which were, are, or shall be dated in that Time according to the New Stile, shall at all Times be held, deemed, and esteemed to be as good and effectual both at Law and in Equity as if they had actually been made and dated, or did bear Date according to the old Method of accounting by the Julian Calender, and that no Plea of that Kind shall be admitted against them, or any of them, in any Court of Law or Equity within this Isle whatsoever. And be it further enacted by the Authority aforesaid, That the said Supputation, according to which the Year of our Lord begun on the twenty-fifth Day of March, shall not be made use of in this Isle from and after the last Day of December one thousand seven hundred and fifty-two, and that the first Day of this Instant January shall be reckoned, taken, deemed, and accounted to be the first Day of the Year one thousand seven hundred and fifty-three, and so on from Time to Time the first Day of January in every Year which shall happen in Time to come shall be reckoned, taken, deemed, and accounted to be the first Day of the Year, and that each new Year shall accord- [291] ingly comence and begin to be reckoned from the first Day of January next preceding the twenty-fifth Day of March on which such Year would, according to the Julian Calender or Method of accounting, have begun or comenced; and that from the said first Day of January Instant the several Days of each Month shall go on and be reckoned and numbered according to the new Calender now established in England as aforesaid; and that all Acts, Deeds, Notes, and other Instruments of what Nature or Kind soever, whether Ecclesiastical or Civil, Publick or Private, which shall be made, executed, signed, or perfected upon or after the Day of the Publication of this Act, shall bear Date according to the said new Method of Supputation; and that the two fixed Terms of Saint Philip and Saint James, and of Saint Michael, for holding the Courts of Common Law or Sheading Courts, Courts of General Gaole Delivery, and other Courts at those Times usually holden, the Courts of Chancery, and all other Courts of what Nature or Kind soever, whether Civil, Criminal, or Ecclesistical, and the usual Election and Admission of Officers, (except Coroners and Lockmen), and their entering upon the Execution of their respective Offices, or for any other Purpose whatsoever, which by any Law, Statute, Custom, or Usage of this Isle, are to be holden and kept, done, and admitted, on any fixed or certain day of any Month, or on any Day depending upon the beginning or any certain Day of any Month, (except the Midsummer Tynwald Court held with the Fair of that Day), shall from Time to Time from and after the said Day of Publication of this Act, be holden and kept upon and according to the same respective nominal Days and Times whereon or according to which the same are now to be holden, but which shall be computed according to the said new Method of numbering and reckoning the Days of the Calender as aforesaid, that is to say, eleven Days sooner than the respective Days whereon the same were holden and kept, any Law, Statute, Custom, or Usage to the contrary in anywise notwithstanding: Provided always, and it is hereby declared, That nothing herein contained or enacted shall restrain, or shall be understood to restrain the Power of the Governor or other Officers and Judges respectively concerned from appointing the said Common Law Courts, Gaole Deliveries, and other Courts usually holden after the said two respective Feasts of Saint Philip and Saint James, and of Saint Michael, at such convenient Time or Times as he or they shall see most pro- [292] per for holding the same : And for continuing and preserving the Calender or Method of reckoning and computing the Days of the Year in the same regular Course as near as may he in all Times coming, be it enacted by the Authority aforesaid, That the several Years of our Lord one thousand eight hundred, one thousand nine hundred, two thousand one hundred, two thousand two hundred, two thousand three hundred, or any other hundredth Years of our Lord which shall happen in Time to come, except only every four hundredth Year of our Lord, whereof the Year of our Lord two thousand shall be the first, shall not be esteemed or taken to be Bissextile or Leap Years, but shall be taken to be common Years, consisting of three hundred and sixty-five Days, and no more, and that the Years of our Lord two thousand four hundred, two thousand eight hundred, and every other four hundredth Year of our Lord from the said Year of our Lord two thousand inclusive, and also all other Years of our Lord which by the present Supputation are esteemed to be Bissextile or Leap Years, shall for the future, and in all Times to come, be esteemed and taken to be Bissextile or Leap Years, consisting of three-hundred and sixty-six Days in the same Sort and Manner as was before used with respect to every fourth Year of our Lord. And whereas, according to the Rule prefixed to the Book of Common Prayer of the Church of England, Easter-Day is always the first Sunday after the first full Moon which happens next after the twenty-first Day of March; and if the full Moon happen upon a Sunday, Easter Day is the Sunday after: And whereas the Method of computing the full Moons heretofore used in the Church of England, and according to which the Table to find Easter for ever prefixed to the said Book of Common Prayer is formed, is by the Process of Time become considerably erroneous: And whereas the new Calender, and also certain Tables and Rules for the fixing the true Time of the Celebration of the Feast of Easter, and the finding the Times of the full Moons on which the same dependeth, have been prepared and are now established in England, be it therefore enacted by the Authority aforesaid, That the said Feast of Easter, or any of the Moveable Feasts thereon depending, shall be no longer kept or observed in this Isle according to the said Method of Supputation formerly used, or the said Table prefixed to the said Book of Common Prayer; and that the said Table, and also the Column of Golden Numbers as they are prefixed to the respective Days of the Month [293] in the said Calender, shall be disused, and that the said new Calender Tables and Rules established in England as aforesaid shall be preferred and used in the Room and Stead thereof; and that from and after the Day of the Publication of this Act all and every the fixed Feast Days, Holy Days, and Fast Days, which were formerly kept and observed by the Church in this Island, and also the several solemn Days of Thanksgiving and of Fasting, and Humiliation, which are from Time to Time to be kept and observed, shall be kept and observed on the respective Days marked for the Celebration of the same in the said new Calender; that is to say, on the same respective nominal Days on which the same were then kept and observed, but which, according to the Alteration by this Act intended to be made as aforesaid, will happen eleven Days sooner than the same by the Old Stile did; and that the said Feast of Easter, and all other Moveable Feasts thereon depending, shall from Time to Time be observed and celebrated according to the said new Calender Tables and Rules within this Isle; and all Markets, Fairs, and Marts, which by any Law, Custom, or Usage are appointed or accustomed to be holden or kept at any moveable Time or Times depending upon the Time of Easter, or any other such Moveable Feast as aforesaid, shall from Time to Time, from and after the Day of Commencement of this Act, be holden and kept on such Days and Times whereon the same shall respectively happen or fall, according to the happening or falling of the said Feast of Easter, or such other moveable Feasts as aforesaid, to be computed according to the said new Calender Tables and Rules settled in England as aforesaid.

And be it further enacted by the Authority aforesaid, That the holding and keeping of all other Markets, Fairs, and Marts, whether for the Sale of Goods or Cattle, or for the Hiring of Servants, or for any other Purpose, which are either fixed to certain nominal Days of the Month, or depending upon the Beginning or any certain Day of any Month, and the Midsummer Tynwald Court usually holden or kept with the Fair or Mart on the Feast Day of Saint John Baptist, at which the several Coroners of this Isle heretofore were and hereafter are intended by this Act to be sworn and admitted into their respective Offices and to enter upon the Execution of the same, and afterwards to appoint their Sub-Coroners or Lockmen, to be likewise sworn in as usual; and the Time or Times of hiring, yarding, pub- [294] lishing. giving warning, obtaining by Juries Freedom from yarding and discharging of Servants from their Servitude, and of entering Choice Children shall not, from and after the Promulgation of this Act, be continued upon or according to the nominal Days of the Month, or the Time of the Beginning of any Year or Month to be computed according to the said new Calender; but that from and after the said Promulgation the said Markets, Fairs, and Marts, and the said Midsummer Tynwald Court shall be holden and kept, and the said hiring, yarding, publishing, warning, obtaining by Juries Freedom from yarding and discharging from Servitude, and of entering Choice Children, shall be done, given, received, had, transacted, and taken upon or according to the same natural Days, upon or according to which the same should have been so kept or holden, done, given, received, had, transacted, or taken, in case this Act had never been made; that is to say, eleven Days later than the same would have happened according to the nominal Days of the said new Supputation of Time by which the Commencing of each Year or Month, and the nominal Days thereof, are anticipated or brought forward by the Space of eleven Days, any Thing in this Act contained to the contrary notwithstanding.

And whereas according to diverse Customs, Prescriptions, and Usages within this Isle, the entering upon the Possession and Occupation of Lands and Houses, either by Recoveries of Titles, or by setting and letting or opening of Grounds for Pasture and other Purposes, are often on particular nominal Days and Times in the Year; and on the other Hand the Owners of such Lands, Houses, and Grounds have, on the Determination of such Settings, and of the letting of Pastures a Right to re-enter upon, enclose, and shut up the Premisses for their own private Use and there is in many other Instances a temporary and distinct Property and Right vested in different Persons in and to such Lands, Houses, and Grounds according to certain nominal Days and Times in the Year: And whereas the anticipating and bringing forward the said nominal Days and Times by the Space of eleven Days, according to the said new Method of Supputation, might be attended with many Inconveniencies, be it therefore further declared, provided, and enacted, by the Authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend to accelerate or anticipate the Days or Times for entering by Recoveries, [295] for settings or lettings, for the opening, inclosing, or shutting up any such Lands, Houses, or Grounds, as aforesaid, or the Days or Times on which any such temporary or distinct Property or Right in or to any such Lands, Houses, and Grounds as aforesaid is to commence; but that all such Lands, Houses, and Grounds as aforesaid, shall, from and after the Publication of this Act, be from Time to Time respectively entered upon, opened, enclosed, or shut up, and such temporary and distinct Property and Right in and to such Lands, Houses, and Grounds as aforesaid shall commence, begin, and determine upon the same natural Days and Times on which the same should have so respectively commenced, begun, and determine, or would have been entered upon, opened, enclosed, or shut up in case this Act had not been made; that is to say, eleven Days later than the same would have happened according to the said Account and new Supputation of Time so to begin as aforesaid.

Provided also, and it is hereby declared and enacted. That nothing in this present Act contained shall extend, or be construed to extend, to accelerate or anticipate the Times of Payment of the Lord's annual Chief Rents, Boons, Customs, Fines, Duties, Suits, Services, and other Rights, Dues, or Demands whatsoever, nor any other Rent or Rents, Annuity or Annuities, Sum or Sums of Money whatsoever, which shall become payable by virtue or in consequence of any Law, Statute, Custom, Usage, Lease, Deed, Writing, Bond, Note, Contract, or other Agreement whatsoever now subsisting, or which shall be made, signed, sealed, or entered into at any Time before the Publication hereof, of which shall become payable by virtue of any Law or Statute now in force, or which shall be made before the said Publication, or the Time of doing any Matter or Thing directed or required by any such Law or Statute to be done in relation thereto, or to accelerate the Payment or Performance of, or increase the Interest of any such Sum of Money which shall become payable as aforesaid, or to accelerate the Time of Delivery of any Goods, Chattles, Wares, Merchandize, or other Things whatsoever, or the Time of the Commencement, Expiration, or Determination of any Lease, Deed, or Demise of any Lands, Houses, Tenements, or Hereditaments, or of any other Contract or Agreement whatsoever, or of the accepting, surrendering, or delivering up the Pos- [296] session of any such Lands, Houses, Tenements or Hereditaments, or the Commencement, Expiration, or Determination of any Annuity or Rent, or of any Grant for any Term of Years of what Nature or Kind soever, by virtue or in consequence of any such Deed, Writing, Contract, or Agreement, or the Time of the attaining the respective Ages of fourteen and twenty-one Years, or any other Age requisite by any Law, Custom, or Usage, Deed, Will, or Writing whatsoever for the doing any Act, or for any other Purpose whatsoever by any Person or Persons now born, or who shall be born before the Publication hereof, or the Time of the Expiration or Determination of any Apprenticeship, or other Service by virtue of any Indenture, or of any Articles under Seal or otherwise, or by reason of any simple Contract or Hiring whatsoever; but that all and every such Rent and Rents, Boons, Customs, Duties, Fines, Suits, Services, and other Dues and Demands, Annuity and Annuities, Sum and Sums of Money, and the Interest thereof, shall remain and continue to be due and payable, and the Delivery of such Goods and Chattels, Wares and Merchandize, shall be made, and the said Leases, Deeds, and Demises of all such Lands, Houses, Tenements and Hereditaments, and the said Contracts and Agreements shall be deemed to commence, expire, and determine; and the said Lands, Houses, Tenements and Hereditaments shall be accepted, surrendered, and delivered up, and the said Rents, Boons, Customs, Duties, Fines, Suits and Services, Dues and Demands, Annuities and Grants, for any Term of Years, shall commence, cease, and determine at and upon the same respective natural Days and Times as the same should and ought to have been payable or made, or would have happened in case this Act had not been made; and that no further or other Sum shall be paid or payable for the Interest of any Sum of Money whatsoever than such Interest shall amount unto for the true Number of natural Days for which the principal Sum bearing such Interest shall continue due and unpaid; and that no Person or Persons whatsoever shall be deemed or taken to have attained to the said respective Ages of fourteen or twenty-one Years, or any other such Age as aforesaid, or to have compleated the Time of any such Service as aforesaid, until the full Number of Years and Days shall be elapsed on which such Person or Persons respectively would have attained to such Ages, or would have compleated the [297] Time of such Service as aforesaid in case this Act had not been made, any Thing hereinbefore contained to the contrary thereof in anywise notwithstanding.

 

Basil Cochrane.

Dan. Mylrea.

William Christian.

Jon. Taubman

Jon. Quayle.

 

Dan. Mylrea.

The Keyes.

Tho. Heywood,

Matth. Christian,

William Murrey,

William Stevenson,

Quayle Curphey,

John Moore,

John Taubman,

Richard Tyldesley,

Phi. Moore,

John Oates,

Tho. Christian,

John Clucas,

John Frissell,

James Moore,

Tho. Fargher,

Tho. Radcliffe,

Tho. Gawne,

Edward Christian,

Dan. Lace,

William Cubbon,

William Qualtrough,

 

An Act to continue in force the Act for Building and Repairing of Bridges within this Isle for a longer Term of Years.

Whereas the Act, intituled, "An Act for the Building and Repairing of Bridges within this Isle," passed at a Tynwald Court holden at St. John's Chappell the twenty-fifth Day of June, which was in the Year of our Lord one thousand seven hundred and thirty-nine, and promulgated the first Day of October following, was to continue in force only for the Term of fourteen Years, commencing from the first Day of February in the said Year, which Term is now near expiring; and whereas it is found necessary to renew the said Act for the accomplishing of the said useful Works, 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, Council, Deemsters, and twenty-four Keyes, in this present Court assembled, and by the Authority of the same, That the said Bridge Act, intituled as above, shall remain and continue in full Force, Virtue, and Effect for and during the Time, Term, and Space of twenty-one Years longer, commencing at and from the Day of the Determination of the said Act, that is to say, the eleventh Day of February New Stile, which will be in the Year of our Lord one thousand seven hundred and [298] fifty-three; and that the said Act, and all Clauses, Sentences, Paragraphs, Matters, and Things whatsoever therein and thereby contained and enacted, shall be, and shall be taken, deemed, and understood to be of as much and the same Validity, Force, and Effect for the further Term now enlarged by this Act, as they now are, or at any Time were in or during the first-mentioned Term of twenty-one Years, to all Intents, Purposes, and Constructions whatsoever, the Expiration of the former Term notwithstanding.

 

Basil Cochrane.

Dan. Mylrea.

William Christian.

Jon. Taubman

Jon. Quayle.

 

Dan. Mylrea.

The Keyes.

Tho. Heywood,

Tho. Fargher,

Tho. Christian,

John Clucas,

William Murrey,

John Oates,

Quayle Curphey,

William Stephenson,

William Qualtrough,

Tho. Radcliff,

Tho. Gawne,

Matth. Christian,

John Frissell,

James Moore,

Richard Tyldesley,

Dan. Lace,

John Taubman,

William Cubbon,

Phi. Moore,

Edward Christian.

John Moore,

 

London, the 31st Day of March, 1753.

I do allow of and confirm the beforewritten two Acts contained in this and the two preceding Skins of Parchment, to wit, An Act for regulating the Commencement of the Year, and for establishing the new Calender now used in England; and an Act to continue in force the Act for Building and Repairing of Bridges within this Isle for a longer Term of Years, according to my Prerogative within my Isle of Mann, and do order that the said Acts be proclaimed upon the Tynwald Hill according to the ancient Form and Custom of the said Isle.

ATHOLL and STRANGE.

At a Tynwald Court holden at St. John's Chappel the 5th Day of July, 1753.

The beforegoing two Acts being confirmed by His Grace the Duke of Atholl, Lord Strange, and Lord of this Isle, [299] were this Day publickly proclaimed, upon the Tynwald Hill according to the antient Form and Custome of this Isle; as witness our Subscriptions,

 

Dan. Mylrea.

Ro. Radcliffe.

Jon. Taubman

Matth. Curghey.

Jon. Quayle.

 

Dan. Mylrea.

The Keyes.

William Murrey,

Tho. Radcliff,

Quayle Curphey,

John Oates,

Philip Moore,

Matth. Christian,

Jon. Christian,

Tho. Christian,

John Frissell,

Thomas Gawne,

John Moore,

James Moore,

William Qualtrough,

Edward Christian.

Dan. Lace,

William Stevenson,

John Taubman,

Richard Tyldesley,

Tho. Fargher,

Jon. Clucas.

Examined by JOHN QUAYLE, C.R.

INSULA MONAE

At a Court holden at Castle Rushen the eighth day of January, in the Year of our Lord one thousand seven hundred and fifty-three, before the Honourable Basil Cochrane, Esquire, Governor, the Council, Deemsters, and twenty-four Keyes of the said Isle.

An Act to relieve Suitors aggrieved by the Verdicts of Enquests called Long Jurys, and exclude a second Great Enquest.

Whereas Disputes and Differences in and concerning Ways, Watercourses, Meres, and Boundarys, and the like, have been by the Law and Custome of this Isle, enquired of and decided by the Great Enquests, and proceeded in from a first to a second Enquest, and so to a Long Jury of twenty-four Men, who although well intended by the Constitution to be a Check upon the two preceding Great Enquests, yet frequent Complaints are made of many Hardships and Inconveniences suffered by diverse Persons by their partial and erroneous Proceedings, and sometimes concurring with the said Enquests in Error and Wilfulness rather than duly con- [300] sidering the real and true Merits of the Causes before them, looking upon themselves to be the last Rescourse, and not accountable for their Actions: And whereas a Method of Proceeding in those Cases is now thought of and taken into consideration, which as it will shorten the Processes, is hoped will ease Suitors, and also produce more equal and just Determinations of such Differences as afforesaid, 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, Council, Deemsters, and twenty-four Keyes, in this present Court assembled, and by the Authority of the same, That from and after the Day of the Promulgation of this Act no Dispute or Difference whatsoever in or concerning Ways, Watercourses, Meres, and Boundarys, or other such like Causes heretofore determinable by Great Enquests, in Manner aforesaid, shall go, or be put to, or proceeded in, by second Great Enquests, but that such second Enquests shall be excluded, and that Manner of Process as to them utterly cease; and that hereafter the Method of Proceeding in such Cases shall be, and shall be deemed and understood to be, That all Disputes and Differences whatsoever proper for the Enquiry of Great Enquests shall first be enquired of, proceeded in, and verdicted by such Enquests in Manner heretofore accustomed, and then either Party, Plaintiff or Defendant, holding him, her, or themselves aggrieved by such Enquest's Verdict, shall, within twenty-one Days from such Enquest and after the Recording of the Verdict, and not otherwise, be admitted to traverse such Verdict to a Long Jury of twenty-four Men, to be impannelled and sworn as formerly, giving Bond by way of Recognizance to the Comptroller and Clerk of the Rolls, in Penalty of three Pounds to the Lord's Use, to disprove that Verdict by the Long Jury according to the usual Method of Traverses at the Common Law; which Traverse the Party then becoming Plaintiff shall be obliged to prosecute with Effect, so as that the Verdict be delivered in within the Term and Space of six Months from such Entry, or at the Court of General Gaole Delivery next after those six Months End, upon Pain of Committment till they agree and give in the same as directed in a late Act in that Behalf; and when the said Verdict is recorded, any Party aggrieved thereby shall within the same Number of Days, and not after, be allowed a farther Traverse to the twenty-four Keyes of this Isle, giving Bond by Recognizance to disprove the Verdict in Manner afore- [301] said; and this Traverse shall likewise be prosecuted with Effect at the next Meeting of the twenty-four Keys to determine Common Law Causes, and then, if Occasion be, the said Keys, or a Committee not under six of their Body, to be nominated by themselves, may for their better Information take a view of the Place or subject Matter in Difference, and make Report thereof to the rest, so that, after such View of the Premisses, (if requisite) hearing the Partys, and considering all Proofs, Evidences, and Allegations which had been made and offered on either Side, the Return of the Keys to be made, and then delivered in with others to the Governor, any Law, Custom, or Practice to the contrary of this Act in anywise notwithstanding. And be it further ordained and enacted by the Authority aforesaid, That upon such Hearing the Keys shall have Power to affirm, alter, or reverse the Verdict of the Long Jury, or the Verdict of the preceding Great Enquest, as the Matter shall appear to them according to Justice, and to return such Long Jury and Enquest, or either of them, that shall be found to have acted partially, wilfully, or erroneously, to the Mercy of the Court to be fined in any Sum not exceeding ten Shillings apiece; and if through the Neglect or Default of the Plaintiff, the Long Jury's Verdict, or the Return of the twenty-four Keys, be not given and delivered in within the respective limitted Times aforesaid, the Cause shall be dismissed, the traversed Verdict enforced, and the Prosecutor so failing to be at the Mercy of the Court for the Penalty of his Recognizance, and pay all Charges by immediate Execution from the Magistrate concerned without further Accon, any Custome or Practice to the contrary notwithstanding.

 

Basil Cochrane.

Dan. Mylrea.

William Christian.

Jon. Taubman

Jon. Quayle.

 

Dan. Mylrea.

The Keyes.

Tho. Heywood,

Matth. Christian,

Tho. Gawne,

Edward Christian,

John Frissell,

James Moore,

Tho. Fargher,

Tho. Radcliffe,

William Murrey,

William Stevenson,

Quayle Curphey,

John Moore,

John Taubman,

William Qualtrough,

Phi. Moore,

John Oates,

Dan. Lace,

William Cubbon,

Tho. Christian,

Jon. Clucas.

[302]

An Act to continue the two Statutes called the Harbour Acts in force for a longer Term of Years.

Whereas an Act, intituled, "An Act for the repairing and amending the Seaports and Harbours of this Isle," passed at a Tynwald Court holden at Saint John's Chappel the sixteenth day of July, which was in the Year one thousand seven hundred and thirty-four, and there promulged the twenty-sixth Day of December following; and another Act, intituled, "An Act for the better collecting and applying of the Fund settled for the repairing of the Seaports and Harbours of this Isle," passed at a Tynwald Court holden at the same Place the first of October one thousand seven hundred and thirty-nine, promulged the twenty-fourth Day of June one thousand seven hundred and forty, were to continue in force only for twenty-one Years, commencing from the twenty-ninth Day of the said Month of September one thousand seven hundred and thirty-four, which Term is now near expiring: And whereas the said Acts have been found very usefull and highly necessary to be renewed for a further Term for accomplishing the said beneficial Works, 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, Council, Deemsters, and twenty-four Keys, in this present Court assembled, and by the Authority of the same, That the said two Acts, intituled as abovesaid, shall be, remain, and continue in full Force, Virtue, and Effect for and during the Term and Time of twenty-one Years longer, commencing at and from the Day of the Determination of the first-mentioned Act, that is to say, the tenth Day of October New Stile, which will be in the Year of our Lord one thousand seven hundred and fifty-five and that the said two Acts, and all Clauses, Sentences, Paragraphs, Matters, and Things whatsoever in and by them contained and enacted, shall be, and shall be taken, deemed, and understood to be of as much and the same Validity, Force, and Effect for the further Term now enlarged by this Act as they now are, or at any Time were, in or during the first-mentioned Term of twenty-one Years, to all Intents, Purposes, and Constructions whatsoever, the Expiration of of the said former Term notwithstanding.

   

Basil Cochrane.

 

Dan. Mylrea.

William Christian.

 

Jon. Taubman

Jon. Quayle.

   

Dan. Mylrea.

[303]

The Keyes.

 

Tho. Heywood,

Tho. Fargher,

 

Tho. Christian,

John Clucas,

 

William Murrey,

John Oates,

 

Quayle Curphey,

William Stephenson,

 

William Qualtrough,

Tho. Radcliff,

 

Tho. Gawne,

Matth. Christian,

 

John Frissell,

James Moore,

 

Phi. Moore,

Edward Christian,

 

John Moore,

Dan. Lace,

 

John Taubman,

William Cubbon.

An Act for the better repairing and amending of the Highways within this Island, and to lay an additional Charge upon Publick-house Lycences.

Whereas the Provision made by an Act, intituled, "An Act for repairing the Highways within this Island," passed in the Year of our Lord one thonsand seven hundred and twelve, and published at a Tynwald Court holden the twenty-fourth Day of June one thousand seven hundred and thirteen, is by Experience found to be insufficient for the useful Design of the said Act; and it becoming very necessary to make some proper Provision for that Purpose to make the Publick Roads safe and commodious for Travellers, Passengers, and Carriages, and it being taken into Consideration, that to raise a Fund to defray the Expence of this Work, there is no Method more effectual or less burthensome to the People than to lay an additional Charge upon Lycences for Publick-houses, besides what they already pay; 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, Council, Deemsters, and twenty-four Keys in this present Court assembled, and by the Authority of the same, That over and besides the two Shillings and Sixpence already paid and payable yearly for Lycences for Publick-house Keepers, by an Act intituled, "an Act to suppress petty Alehouses and Tippling-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, for the Uses and the Purposes in that Act mentioned, there shall for the future be a further Charge or Sum of nine Shillings and Ninepence therewith yearly paid into the Hands of the Comp- [304] troller for the Time being for every Lycence taken out, three Shillings and Sixpence whereof to be applied to the better and further repairing and amending the said Highways, and the remaining six Shillings and Threepence to be applyed for the Encouragement of Publick Industry, in such Branches and in such Manner as shall hereafter be agreed upon by the Governor, Officers, Deemsters, and twenty-four Keys, as occasion offers will; and the said three Shillings and Sixpence appropriated to the Highways shall be paid to, expended, and laid out in such Manner and to such purpose as shall be thought fit and agreed upon by the Governor, Officers, Deemsters, and Keys, or a Committee of them, to be named and appointed on the Midsummer Tynwald Day in every Year; and the said Governor, Officers, Deemsters, and Keyes, or the Committee so nominated, shall have Power and Authority, from Time to Time, to view, survey, and oversee the said Highways to be repaired and amended, and generally to give such Orders, Directions, and Instructions for the doing thereof as shall in their Opinion be necessary: and to settle, regulate, and adjust all Accounts, Disbursements, and Transactions relative to or concerning the same. And be it further enacted by the Authority aforesaid, That the said former Statute of the Year one thousand seven hundred and twelve shall remain and continue in full force according to the Tenor and Purport thereof; save and except, that when any Person whose Land adjoins any Highway shall be required to expend (in the first Instance) his three Shillings and Fourpence thereon, and then to be repaired by the rest of the Parish, it is to be deemed and understood for the future that the laying out of the said three Shillings and Fourpence, and the Labour of the said Parish, shall begin together, and that it shall be lawful for the Overseer or Overseers (if needful) to require the Performance of both at the same Time; and whenever a general Repair shall come to be made on any Highway, or Part of any Highway, by the Publick Labour of the Parish, the Turns of such Parishioners after the first Time shall be left to the Direction of the said Committee to order the same as they shall see most proper. And for the more effectual Performance of the Repairs intended by this Act, the Governor of this Isle for the Time being shall and is to nominate and appoint one General Supervisor or Supervisors for the whole Island from Time to Time to act for and under the said Committee, with like Power to view and [305] survey the Roads to be repaired, and to oversee all Repairs and Amendments that are to be made, and to order and direct the several Overseers of the Highways in the doing thereof, and from Time to Time to give such proper and particular Directions therein, and for the employing and finding Workmen, Horses, and all other Materials for the Purpose as he or they shall see needful; and the said Overseers and others are hereby required to submit to and follow his or their Directions and Instructions as they will avoid the Penaltys of the Law, and that the said Parish Overseers shall truly and carefully discharge their Dutys in every respect according to this and to the said former Act; and as their Attendance must now be more extraordinary and frequent, they shall be allowed one Shilling each by the Day for their Trouble and Care therein: Provided, That if they or any of them shall at any Time be found to be careless or negligent, or to faile in doing their Duty as the General Supervisor or Supervisors shall require and direct, that then it shall be lawful for him or them to disallow or reduce the said Shilling per Day, or any Part thereof, at his or their Discretion; and if such Overseer shall continue in his Obstinacy or Default, then the General Supervisor or Supervisors may appoint another sufficient Man under him to do the Duty, and order the said Shilling per Day to be paid him; in which Case the Overseer in default shall have nothing, but yet shall not be freed from any Dutys or Attendance incumbent upon him by the said former Statute, any Thing herein contained to the contrary notwithstanding. And be it further provided and enacted, That if any Person or Persons obligated by said former Statute of one thousand seven hundred and twelve, to send a Man to the Repair of the Roads, doth not or do not send a sufficient Man, such as the Overseer of the Work will approve of, then such Person or Persons (whose Man shall be turned off for Insufficiency) shall be obliged to pay Fourpence for every Default, and if not paid within three Days, then he or they shall pay Sixpence; which Penaltys are to be forthwith demanded and paid upon Pain of Commitment by Execution from the Governor upon Sight of a Certificate of the Contempt from the Overseer of the Work till the same be paid, with all occasional Fees and then shall be laid out upon the Repairs in hand; and also, that all Persons so obligated as aforesaid shall send sufficient Creels fit and approved of by the Overseer for carrying Gravel and Sand under the like Penaltys, [306] to be demanded, certifyed, levyed, and paid in Manner before mentioned, any Thing contained in the Statute of one thousand seven hundred and twelve to the contrary hereof notwithstanding. And be it further enacted by the Authority aforesaid, That if it shall at any Time appear to the said Committee that it will be necessary and commodious for the Publick to have any Highway in any Part altered or cutt streight through the Lands of any Person or Persons within this Isle, and report the same as their Opinion to the Governor, Officers, Deemsters, and Keys on any Tynwald Day, that then and in such Case it shall and may be lawfull for the said Governor, Officers, Deemsters, and Keys to make an Ordinance for the altering, cutting, or striking of any Highway or Highways of a sufficient Breadth through the Lands of any Person or Persons whatsoever to make it streight and convenient at the Appointment and Direction of the General Supervisor or Supervisors for all Travellers, Passengers, and Carriages, who have or may have Occasion to pass and repass therein; provided always it be not through any Dwelling-house, Yard, Haggard, or Garden, and that the Owner or Owners of the Lands shall be kept harmless and free from all Charges on that Account, and reasonable Satisfaction made him or them at the Estimation of four honest and sufficient sworn Men of the Parish where the same shall happen, in which the Old Highway, if contiguous to such Owner or Owners, is to be considered; and if not, to be sold by the Committee to the best Advantage for the Use and Benefit of the Fund; and if any such Owner or Owners shall wilfully and obstinately withstand, obstruct, or hinder any High Road to be altered or cut through his or their Lands pursuant to this Act, he or they so offending shall be fined in three Pounds a piece, and committed till the same be paid; but that to be no Hindrance to the cutting and making of the Road in Manner before directed; which Fine of three Pounds shall be levied by immediate Execution from the Governor directed to the Coroner, and laid out upon making and repairing the said new Road, and any other Road, as shall be necessary; and if any Way shall be found not to be of a sufficient or lawfull Breadth, that the same shall be enlarged according to the said former Statute provided in that Behalf. And be it further enacted by the Authority aforesaid, That if there will be occasion to borrow Money for the Furtherance of the said Repairs and Amendments before the Fund established by this Act can [307] afford to pay the Charges thereof, or at any other Time, that then and in such Case it shall and may be lawful for the said Committee from Time to Time to borrow any Sum or Sums of Money upon their Bond that will be sufficient for that Purpose, upon the Security of the said Fund on such Interest as they can agree for; and moreover, if any Person or Persons whatsoever shall think fit to advance their own Money for or towards the repairing or amending of any Highway within this Isle, the same shall bear such Interest as shall be agreed upon with the said Committee in Manner aforesaid, provided the said Repairs shall be made and performed under the Direction of the said Committee and General Supervisor as before mentioned; and that in both the said Cases all the said Principal and Interest shall be chargeable upon and repaid out of the said Fund, for which this Act shall amply indemnify both the Obligors and Lenders. And be it further enacted by the Authority aforesaid, That the High Road between Castletown and Douglas by the Way of Newtown shall be the first that shall be repaired and amended pursuant to this Act; and upon the Promulgation thereof there shall be a Committee and a General Supervisor or Supervisors nominated and appointed to act and do all Things hereby respectively incumbent upon them. And be it further enacted, That all Streets in Market Towns, shall be, and shall be kept even and regularly paved by the respective adjacent Inhabitants under the Penaltys laid down in the said Act of one thousand seven hundred and twelve, and that the said Streets and other publick Places in the said Towns shall be kept clean and clear of all Lumber, Filth, and Dung by the said adjacent Inhabitants, otherwise in default the Captain and Constable of each respective Town shall present them at every Court for every Default or Neglect, after previous Notice by him given and every Person who shall offend herein, being so presented, shall be fined in five Shillings a-piece, to be levied as aforesaid, and applyed to the paving or mending of the said Streets, and removing the Nuisance complained of: And that no Person or Persons whatsoever shall suffer their Piggs to strole, run, or feed about the Streets upon pain of being presented as afforesaid, and fined in one Shilling and Twopence apiece for every Default or Neglect, to be levyed and also applied to the Purpose aforesaid; and if the Captain and Constable of any Town shall refuse or neglect to make Presentments as aforesaid, he shall forfeit according to the said former [308] Statute provided in that Behalf: Provided always, and it is hereby enacted, That this Act shall continue and be in force for the Space of fourteen Years, to be reckoned from the Day of the Publication thereof, and from thence to the next Court of General Goale Delivery to be held after and from that Time for two Months afterwards, and no longer.

Dan. Mylrea.

Basil Cochrane.

Jon. Taubman

Jon. Quayle.

 

Dan. Mylrea.

The Keyes.

Tho. Heywood,

Tho. Gawne,

William Murray,

Matth. Christian,

Quayle Curphey,

Tho. Christian,

Philip Moore,

John Oates,

John Frissell,

John Taubman,

William Qualtrough,

Tho. Fargher.

Tho. Radcliffe,

 

An Act for allowing Fees to the Deemsters in lieu of certain former Perquisites or Customes, and Charges to Witnesses.

Whereas it is now manifest that the late Triennial Act, Intituled, "An Act to establish the Deemsters Fees for Tokens, and Charges to Witnesses," passed in the Year of our Lord one thousand seven hundred and forty-seven, and promulged at a Tynwald Court holden the twenty-fourth Day of June one thousand seven hundred and forty-eight, hath had the intended good Effect in discourageing (in a great Measure) littigious and troublesome Suits in Law; 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, Council, Deemsters, and twenty-four Keys, in this present Court assembled, and by the Authority of the same, That from and after the Day of the Publication of this Act the Perquisites or Customes heretofore paid and payable to the Deemsters, about Allhallowtide or Christmass, usually collected by a Number of People called the Bonnach, or by the Lockmen of the Parishes or others, and also the Fees of Twopence for Tokens as Processes to charge or convein any Person or Persons before them, shall utterly cease; and that in lieu, thereof the Deemsters shall hereafter in every Cause, (the Lord's Causes always excepted,) have and receive the Fee of Threepence for every Token they grant as an Execution for taking [309] a Pawn, keeping a Journal thereof, Threepence for every Person against whom they shall take a Presentment of Contempt, and Twopence for every Token they shall grant for charging or convening any Jury or Enquest, and to have no more Yarded Servants in the Year than one Servant Man at Allhallowtide, and one Servant Maid at May in every Sheading; and this Part only to continue in force for fourteen Years from and after the Promulgation of this Act, and no longer.

And to compensate the Trouble and Charges of Witnesses which have encreased with the Number of Suits, be it further enacted by the Authority aforesaid, That the Statute made in the Year of our Lord one thousand six hundred and sixty-seven touching Witnesses Charges, shall and is hereby repealed; and that for the Time to come 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 in 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 her Trouble and Charges Sixpence for every Parish through or in which he or she shall be obliged or compelled to travel, 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 of 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 should 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 levyed and paid them respectively by the Party on Partys in whose Suit he, she, or they shall be summoned or charged by immediate Execution from such Court or Magistrate before whom they appear, by way of Pawn, according to the due [310] Course of Law, or by Order of Commitment 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 as aforesaid, it shall be lawfull 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 Token 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 Custom 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 lawful Cause of 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 immediate Execution to pay the Partys, Jury, Enquest, and other Witnesses, all their 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; and if any Plaintiff shall charge a Defendant or Defendants, Jury or Enquest, Witness or Witnesses, to appear before any Court or Magistrate of this Isle, and not appear himself to prosecute his Suit, it shall be lawful for such Court or Magistrate, upon producing to him or them a Certificate of the Charge, (which the Officer concerned shall give any Person upon paying him the Fee of Twopence) to grant immediate Execution in like Manner to such Defendant or Defendants, Jury, Enquest, Witness or Witnesses, or any of them who shall desire it, an Authority to levy their Costs and Charges of and from such Plaintiff in the same Proportions, Sort, Manner, and Degrees as hereinbefore mentioned and laid down in the Case of Witnesses, together with the same Fee occasioned by his Default, any Custom or Practice to the contrary notwithstanding.

   

Basil Cochrane.

[311]

Dan. Mylrea.

William Christian,

 

Jon. Taubman,

Jon. Quayle.

   

Dan. Mylrea.

 

The Keyes.

 

William Murrey,

Matth. Christian,

 

John Taubman,

William Qualtrough,

 

Quayle Curphey,

John Moore,

 

William Murrey,

William Stevenson,

 

Tho. Gawne,

Edward Christian,

 

John Frissell,

James Moore,

 

Tho. Fargher,

Tho. Radcliffe,

 

Phi. Moore,

John Oates,

 

Dan. Lace,

William Cubbon,

 

Tho. Christian,

John Clucas.

An Act to indemnify Landlords in their Rents.

For the securing and indemnifying Landlords of and in their Rents, 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, Council, Deemsters, and twenty-four Keyes in this present Court assembled, and by the Authority of the same, That from and after the Day of the Promulgation of this Act no Goods or Chattles of Tennants being in any House or Houses, or on any Lands or Tenements leased, sett, or lett for Life, or for one or more Years or otherwise, shall be taken by virtue of any Execution, or extended, unless the Party at whose Suit the said Execution is sued out shall, before the Removal of such Goods or Chattles, pay the Landlord one Year's Rent, (if not already paid), and then the Party may proceed to execute his Judgment, and the Coroner, or other proper Officer concerned to execute the same, is to levy and pay the Plaintiff as well the Money so paid for Rent as the Execution Money and Charges; and if any Leasee or Tennant shall after the said Day fraudulently or clandestinely convey, assign, or carry off or suffer to be carried off his Goods from the demised Premisses, with intent to prevent the Landlord from distraining for his Rent, then and in such Case the Landlord, or any Person by him employed, may within fourteen Days after his Rent becomes due, take and seize such Goods and Chattles wherever they shall be found as a Distress for his Arrear of Rent, and dispose of and sell the same as if such Goods had been actually distrained upon [312] the demised Premisses; nor shall any Sale or Assignment of a Leasee or Tennant's Goods, though made for a valuable Consideration, be deemed good against his Landlord's Preferrence of and for a Year's Rent, unless there are Goods left sufficient to pay the same; provided always that this Act shall not prejudice the Lord of this Isle in levying his Rents, Debts, Fines, Forfeitures, or other Rights or Demands due to him preferable to all others, as if this Act had never been made, any Thing herein contained to the contrary notwithstanding; provided also, that if the Tennant's Goods and Effects should be removed any considerable Time before the Rent becomes due, whereby they might be secreted or made away, or clandestinely conveyed off the Island to prevent the Landlord from distraining, it shall in such Case be lawfull for such Landlord to obtain the Deemsters Authority to lay them under an Arrest, so as to be forthcoming to answer the Rent, unles the Person that removes them will give good Security to pay the Rent when the same becomes payable as aforesaid, any Thing hereinbefore contained to the contrary notwithstanding.

 

Basil Cochrane.

Dan. Mylrea.

William Christian,

Jon. Taubman,

Jon. Quayle.

 

Dan. Mylrea.

The Keyes.

Tho. Heywood,

Tho. Fargher,

Tho. Christian,

John Clucas,

William Murrey,

John Oates,

Quayle Curphey,

William Stephenson,

William Qualtrough,

Tho. Radcliff,

John Taubman,

William Cubbon,

John Moore,

Dan. Lace,

John Frissell,

James Moore,

Phi. Moore,

Edward Christian,

Tho. Gawne,

Matth. Christian.

An Act for the better preventing Petty Larceny and Trespass.

Whereas the secrett committing of Petty Larcenys and Trespasses became a general Grievance of the, Country by the Suspension of that laudable Practice of Proceeding in the first Instance to discover the Offenders by Jurys of Enquiry; and whereas those Evils has been greatly remedied by the Effect of the late Triennial Act, (intituled as above), [313] passed in the Year of our Lord one thousand seven hundred and fourty-seven, and published at a Tynwald Court holden the twenty-fourth Day of June one thousand seven hundred and fourty-eight; 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 Governour, Council, Deemsters, and twenty-four Keyes, in this present Court assembled, and by the Authority of the same, That hereafter in all Complaints of Petty Larceny and Trespass whatsoever clandestinely committed by Persons, Horses, Sheep or other Cattle unknown, the Party Complainant may apply to and it shall be lawful for the Governor, Deemsters, or other Magistrates of this Isle, who have Jurisdiction of Enquirys 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 Enquiry 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 summoned to the Jury of Enquiry (which in that Case is to consist of six Men), shall be examined upon Oath, and shall he 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 common Course of Law; and the Oath at first given them shall be to the Tenor, Effect, and Purpose of this Act, any Thing contain- [314] ed in the said Statute of the Year one thousand six hundred and twenty-nine, or any other Law or Custom to the contrary notwithstanding. And in Complaints of Trespass of the Nature aforesaid, all suspected Persons and others, and all Owners of Horses, Sheep, and other Cattle summoned or charged to the Jury of Enquiry, (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 always, and be it further enacted, That if the Complaint be for cutting, spoiling, or destroying any Tree or Plantation of Trees, or any Sett, Plant, or Graft, or for throwing down or breaking into any Inclosure or Inclosures with or by their Cattle, Horses, or other Goods by Night or by Day, or other wilful Trespass; or if any Person, or Persons shall on Purpose, or by want of due and proper Care, suffer their Cattle, Horses, or other Goods to stray or wander out into the Highways or other Places in the Night Time, whereby they become Trespassers on their Neighbours, or if any other secret or unconscionable Trespass or Trespasses shall be done or committed, (in all which Cases the suspected Offender or Offenders, if thereunto required, shall be obliged to give Oath as aforesaid), then such Offender or Offenders shall not only incurr a severe Fine to the Lord, but shall also for every Tree, Sett, Plant, or Graft so cut, spoiled, or destroyed, pay the Party injured twenty Shillings for extraordinary Damage, and ten Shillings extraordinary Damage for every such other clandestine or wilfull Trespass so committed as aforesaid, over and besides the fourfold Damages above mentioned; provided that every Person or Persons who shall maime or otherwise maliciously hurt Cattle, or other live Goods, be proceeded against by Process of Enquiry by a Jury as before, and upon Proof, Confession, or Refusal to clear themselves upon Oath of the Fact, it shall be lawful for the Jury to find the Offender or Offenders guilty and to leave him, her, or them to the Court's Mercy for a Fine and Punishment as formerly, with [315] fourfold Damages to the Party grieved as before directed by this Act. And be it further enacted by the Authority aforesaid, That all and every the Damages before mentioned shall be recoverable by Execution from the Court, Judge, 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 Jury so sworn shall strictly proceed and do their Duty under the Penalty prescribed by the said Statute, and that ex officio. 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 the Jurys are always to take special Care to see that all Persons whatsoever have provided sufficient Fodder of their own, and that they have the same in their own Possession, otherwise in Default to proceed against them and every of them according to the Direction of this Act and of the said former Statute, without allowing the common and evasive Excuse of depending upon being supplied by others; And to the End that these Jurys may be made up of the better Sort of People, the several Coroners are to give a List of their Names in every Parish some Days before they are sworn to the respective Deemsters for their Approbation or Disallowance of their Sufficiency, any Law or Practice to the contrary notwithstanding.

 

Basil Cochrane.

Dan. Mylrea.

William Christian,

Jon. Taubman,

Jon. Quayle.

 

Dan. Mylrea.

The Keyes.

Tho. Heywood,

Tho. Radcliff,

William Murrey,

John Clucas,

Quayle Curphey,

John Moore,

Philip Moore,

William Cubbon,

John Frissell,

William Stevenson,

William Qualtrough,

John Taubman,

Dan. Lace,

Tho. Christian,

Tho. Gawne,

John Oates,

Matth. Christian.

Edward Christian,

Tho. Fargher,

James Moore.

London, the 31st Day of March, 1753.

I do allow of and confirm the beforegoing six Acts, contained in this and the two preceding Skins of Parchment, to wit, An Act to relieve Suitors aggrieved by the Verdicts of Enquests called Long Jurys, and exclude a second Great Enquest — An Act to continue the two Statutes called the Harbour Acts in force for a longer Term of Years — An Act for the better repairing and amending of the Highways within this Island, and to lay an additional Charge upon Public.house Lycences — An Act for the allowing Fees to the Deemsters in lieu of certain former Perquisites or Customs, and Charges to Witnesses — An Act to indemnify Landlords in their Rents — and an Act for the better preventing of Petty Larceny and Trespass, according to my Prerogative within my Isle of Man, and do order the said Acts be proclaimed upon the Tynwald Hill according to the ancient Form and Custom of the said Isle.—

ATHOLL and STRANGE.

At a Tynwald Court holden at St. John's Chappel the 5th. Day of July, 1753.

The beforegoing six Acts being confirmed by His Grace the Duke of Atholl, Lord Strange, and Lord of this Isle, were this Day publickly proclaimed upon the Tynwald Hill [317] according to the antient Form and Custome of this Isle; as witness our Subscriptions,

 

Dan. Mylrea.

Dan. Mylrea.

William Christian,

Matth. Curphey.

Jon. Quayle.

 

Dan. Mylrea.

The Keyes.

Jon. Christian,

Matth. Christian,

John Taubman,

William Qualtrough,

Quayle Curphey,

John Moore,

William Murrey,

William Stevenson,

Tho. Gawne,

Edward Christian,

John Frissell,

James Moore,

Tho. Fargher,

Tho. Radcliffe,

Phi. Moore,

John Oates,

Dan. Lace,

Richard Tyldesley,

Tho. Christian,

John Clucas.

Examined by JOHN QUAYLE, C.R.

 


 

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