[from Mills' Statutes, 1821]

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.

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.

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,

Examined by JOHN QUAYLE, C.R.

INSULA MONAE.

At a Tynwald Court holden at Castle Rushen the twenty-seventh Day of May, in the Year of our Lord one thousand seven hundred and fifty-seven.

An Act to prevent Clandestine Marriages.

Whereas great Mischiefs and Inconveniencies have arisen from Clandestine Marriages, solemnized sometimes by the beneficed Clergy of this Isle, but more particularly by Foreigners, who have resorted hither for that Purpose in order to obviate and evade the salutary Laws of their own Country against such illegal Practices, by Means whereof the People of this Isle have not only suffered in themselves, but are also become obnoxious to the neighbouring Nations; for preventing whereof for the future, be it enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord of Mann and the Isles, &c. the Governor, Officers, Deemsters, and Keys, at this present Court assembled, and by the Authority of the same, That from and after the Publication of this Act all Banns of Matrimony shall be published in an audible Manner in the Parish Church whereto such Persons [318] to be married shall belong, according to the Form of Words prescribed by the Rubrick prefixt to the Office of Matrimony in the Book of Common Prayer, upon three several Sundays (in which Particular the Parliament of Great Brittain have have, in like Manner, thought proper to alter the Rubrick), preceding the Solemnization of Marriage, during the Time of Morning Service, or of Evening Service if there be no Morning Service in such Church upon any of those Sundays, immediately after the second Lesson; and whenever it shall happen that the Persons to be married shall dwell in diverse Parishes, the Banns shall in like Manner be published in the Church belonging to such Parish wherein each of the said Persons shall dwell; and that all other Rules prescribed by the said Rubrick concerning the Publication of Banns and the Solemnization of Matrimony, and not altered as aforesaid, shall be observed; and that in all Cases where Banns shall have been published, the Marriage shall be solemnized in one of the Parish Churches where such Banns have been published, and in no other Place whatsoever:— Provided always, and it is hereby enacted, That no Parson, Vicar, Minister, or Curate, shall be obliged to publish the Banns of Matrimony between any Person whatsoever, unless the Persons to be married shall, seven Days at least before the Time required for the first Publication of such Banns respectively, deliver, or cause to be delivered, to such Parson, Vicar, Minister, Chaplain, or Curate, a Notice in Writing of their true Christian and Surnames, and of the House and Houses of their respective Abodes within such Parish, and of the Time they have dwelt, inhabited, or lodged in such House or Houses respectively.

And be it further ordered, ordained, and enacted by the Authority aforesaid, That no such Banns of Matrimony as aforesaid shall be published in any Church of this Isle between any Couple, either of the Parties being Aliens or Strangers, who shall resort or come to this Isle, unless such Alien or Stranger shall have resided at least three Months, and one Month in such Parish before such Publication:— Provided always, and be it enacted by the Authority aforesaid, That no Parson, Vicar, Minister, or Curate, solemnizing Marriages after Publication of this Act, between Persons both or one of whom shall be under the Age of twenty-one Years after Banns published, shall be punishable by Ecclesiastical Censures for solemnizing such Marriages without Consent of Parents or Guardians, whose Consent is required by Law, unless such Parson, Vicar, Minister, Chaplain, or Curate, shall have Notice of the Dissent of such Parents or Guardians; and in case such Parents or Guardians or one of them, shall openly and publickly declare, or cause to be declared, in the Church where the Banns shall be so published, and at the Time of such Publication, give his, her, or their Dissent to such Marriage, such Publication of Banns shall be absolutely void.

And be it hereby further enacted, That no Licence of Marriage shall, from and after the Publication of this Act, be granted by the Bishop, Vicar-General, or other Person having Authority to grant such Lycences, to solemnize any Marriage in any other Church or Chapel than in the Church of, within, or belonging to such Parish in which.the Usual Place of Abode of one of the Persons to be married shall have been within the Space of three Months immediately before the granting of such Licence, and in no other Place whatsoever: Provided always, that nothing herein contained shall be construed to extend to deprive the Bishop and his Successors of the Right of granting Special Licences to marry at any convenient Time or Place, so that the said Licence be under his own proper Hand and Seal Episcopal. And it is hereby enacted, That such Licences for solemnizing Marriages shall not be valid, unless the same be under the Hand and Seal of the Persons authorized to grant such Licences respectively, and that no such Licences shall be granted to any Person whatsoever but according to the Directions of the several Ecclesiastical Canons of one thousand six hundred and three, relating to Marriages.

And whereas many Persons do solemnize Matrimony without Publication of Banns or Licence of Marriage first had and obtained as aforesaid; therefore for prevention thereof be it enacted by the Authority aforesaid, That if any Person shall from and after the Publication of this Act solemnize Matrimony in any other Place within this Isle, or the Dominion thereof, than in a Church where Banns published, unless by Special Licence from the Bishop as aforesaid, or shall solemnize Marriage without Publication of Banns, unless Licence of Marriage be first had and obtained from some Person or Persons having Authority to grant the same as aforesaid, every Person knowingly and wilfully so offending, and being lawfully convicted thereof, or Persons holding any Ecclesiasticall Living, or exercising any Ministerial Function in the Church or Chappel of this [320] Isle, shall be deemed and adjudged to be guilty of Felony, and shall be transported to some of his Majesty's Plantations in America for the Space of fourteen Years; and if such Person solemnizing Marriage contrary to this Act be an Alien, Foreigner, or Stranger, and not of the Ministry of this Isle, and convicted as aforesaid, such Alien shall be publickly exposed with his Ears nailed to a Pillory to be erected for that Purpose at Castletown Cross upon the next Court Day of General Gaol Delivery after such Conviction at twelve o'Clock at Noon, and there to remain for the Space of one Hour, when his Ears are to be cut off and remain on the said Pillory, and the said Offender to be returned to Prison in Castle Rushen, there to remain confined until the Governor or his Deputy or Deputies for the Time being shall think proper to release him, upon paying a Fine not exceeding the Sum of fifty Pounds, and abjuring this Isle; and all Marriages solemnized from and after the Publication of this Act in any other Place than a Church, unless by Special Licence as aforesaid, or that shall be solemnized without Publication of Banns, or Licence of Marriage from a Person or Persons having Authority to grant the same first had and obtained, shall be null and void to all Intents and Purposes whatsoever; Provided, that all Prosecutions for such Felony shall be commenced within the Space of three Years after the Offence committed, (the Offender residing and continuing within this Isle during that Period of Time and the Jurisdiction thereof.) And further, that it shall not be necessary in Support of Marriages solemnized respectively as aforesaid to give any Proof of the actual Dwelling of the Parties in such Parish where the Banns were published, or where the Marriage is by Licence, it shall not be necessary to give any Proof that the usual Place of Abode of one of the Parties for the Space of three Months as aforesaid was in the Parish where such Marriage was solemnized; nor shall any Evidence be taken in either of the said Cases, or be received to prove the contrary in any Suit touching the Validity of such Marriage.

And it is hereby further enacted, That all Marriages solemnized by Licence after the Publication of this Act, where either of the Parties, not being a Widower or Widow, shall be under the Age of twenty-one Years, which shall be had without the Consent of the Father of such of the Parties so under Age, if then living, first had and obtained, or if dead, of the Guardian or Guardians of the Person or Par- [321] ty so under Age lawfully appointed, or one of them, and in case there shall be no such Guardian or Guardians, then of the Mother, if living and unmarried), or if there shall be no Mother living or unmarried, then of the Guardian or Guardians of the Person, shall be absolutely null and void to all Intents and Purposes whatsoever: And if the Guardian or Guardians, Mother or Mothers, of the Parties to be married, or one of them, so under Age as aforesaid, be non compos mentis, or in Parts beyond the Seas, or by unreasonable or undue Motives be induced to abuse the Trust reposed in him, her, or them, by refusing or withholding his, her, or their Consent to a proper Marriage, it shall and may be lawful for any Person so desirous of marrying, in any of the before-mentioned Cases, to apply by Petition to the Governor of this Isle, or his Deputy or Deputies for the Time being, who is and are hereby impowered to proceed upon such Petition in a summary Way; and in case the Marriage proposed shall upon Examination appear to be proper, the said Governor, or his Deputy or Deputies for the Time being, shall judicially declare the same to be so by Order of Court, and such Order shall be deemed as good and effectual as if such Guardian or Guardians, or Mother of the Person so petitioning, had consented to such Marriage.

And for preventing undue Entrys and Abuses in Registers of Marriage, be it enacted by the Authority aforesaid, That from and after the Publication of this Act, and from that Time afterwards as there shall be Occasion, the Churchwardens of every Parish in this Isle shall provide proper Books, in which all Marriages and Banns of Marriage respectively there published and solemnized shall be registered, and every Page thereof shall be marked at the Top with the Figure of the Number of every such Page, beginning at the second Leaf with the Number One, and every Leaf or Page so numbered shall be ruled with Lines at proper and equal Distance from each other; and all Banns and Marriages published or celebrated in any Parish Church within this Isle, shall be respectively entered, registered, or written upon such ruled Lines, and shall be signed by the Parson, Vicar, Minister, Chaplain, or Curate, or some other Parson in his Presence and by his Direction, and such Entrys shall be made as aforesaid in successive Order; and all Books provided as aforesaid shall be deemed to belong to every Parish respectively, and shall be carefully kept and preserved for publick Use. And in order to preserve the Evidence [322] of Marriages, and to make the Proof thereof more certain and easy, and for the Direction of Ministers in the Celebration of Marriages and Registering thereof, be it enacted, That from and after the Publication of this Act, all Marriages shall be solemnized in the Presence of two or more credible Witnesses, besides the Minister who shall celebrate the same, and that immediately after the Celebration of every Marriage an Entry thereof shall be made in such Registry to be kept as aforesaid; in which Entry or Registry it shall be expressed, that the said Marriage was celebrated by Banns or Licence, and if both or either of the Parties married by Licence be under Age, with Consent of Parents or Guardians as the Case shall be, and shall be signed by the Minister with his proper Addition, and also by the Parties married, and attested by two such Witnesses, with their proper Additions; which Entry shall be made in the Form or to the Effect following; that is to say,

And be it further enacted by the Authority aforesaid, That if any Person shall from and after the Publication of this Act, with an Intent to elude the Force of this Act, knowingly or wilfully insert, or cause to be inserted, in the Register Book of such Parish as aforesaid, any false Entry of any Matter or Thing relating to any Marriage, or falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, any such Registry or Act, or assist therein, or utter or publish as true, any such false, altered, forged, or counterfeited Registry or Licence as aforesaid of Marriage, or any Copy thereof, knowing the same to be so; or if any Person shall from and after [323] the Publication of this Act wilfully destroy, or cause or procure to be destroyed, any Registry or Book of Marriages, or any Part of such Registry Book, with Intent to avoid any Marriage, or subject any Person to any of the Penaltys of this Act, every Person so offending, and being thereof lawfully convicted, shall be deemed and adjudged to be guilty of Felony, and shall suffer Death as a Felon.

And be it further enacted by the Authority aforesaid, That this Act shall be publickly read in all Parish Churches and Chappells by the Parson, Vicar, Minister, Chaplain, or Curate of the several and respective Parish Churches of this isle, on some Sunday immediately after Morning Prayer, or immediately after Evening Prayer, if there shall be no Morning Service on that Day, on the first Sunday in each of the four several Months immediately after the Publication of this Act and once every three Months afterwards for the Term of two Years afterwards immediately following the said fourth Publication, to the End and Intent that no one may plead Ignorance of this Act, and the several Matters and Things herein contained. And be it enacted by the Authority aforesaid, That no Vicar-General or Surrogate deputed by the Bishop of this Isle to grant Licences of Marriage as aforesaid, shall grant any such Licence before he hath taken an Oath before the said Bishop faithfully to execute his Office according to Law to the best of his Knowledge, and hath given Security by his Bond, in the Sum of one hundred Pounds, to the said Bishop for the due and faithful Execution of his Office; and for such Licence, and all other the necessary Writings and Trouble required by this Act in and about the same, such Vicar-General or Surrogate appointed as aforesaid shall and may lawfully demand and receive the Fee of one British Crown for every Licence.

[324] Atholl House, the 11th Day of June, 1757.

I do allow of and confirm the beforewritten Act contained in this and the three preceding Sheets of Paper, to wit, An Act, intituled, "An Act to prevent Clandestine Marriages," according to my Prerogative in that Behalf, and do order that the same be proclaimed upon the Tynwald Hill according to the ancient Form and Custom of my Isle of Mann.

ATHOLL and STRANG.E.

At a Tynwald Court holden at St. John's Chappell the 5th Day of July,
Anno Domini 1757.

The beforegoing Act contained in this and the three preceding Sheets of Paper, being allowed of and confirmed by His Grace the Lord of this Isle, was this Day publicly proclaimed upon the Tynwald Hill pursuant to the above Order, and according to the antient Form and Custom of this Isle; in Testimony whereof we have subscribed our Names in the said Court.

Examined by JOHN QUAYLE, C.R.

Any comments, errors or omissions gratefully received The Editor HTML Transcription © F.Coakley , 2003