[from Mills' Statutes, 1821]

An Act to explain and amend an Act of Tynwald, made in the seventeenth Year of the Reign of his present Majesty, intituled, "An Act for the better Regulation of the Proceedings by Juries before a Court of Common Law."

Whereas previous to the passing of the said Act of Tynwald, the House of Keys of the said Isle had an appellate Jurisdiction in all Matters triable by Jury in the said Court of Common Law. And whereas, in order to shorten the ancient Mode of Proceeding in the said Court, It is enacted, in and by the said Act, that if any Person or Persons, shall apprehend himself, herself, or themselves, aggrieved by the Verdict of any Jury, made or returned in the said Court, such Person or Persons shall be, at Liberty to Traverse the same to the House of Keys, in all Cases where the Title of Land or its Appurtenances come in Question, and, by Appeal to the Governor or Lieutenant Governor, in all other Cases whatsoever. And whereas the said new Mode of Appeal to the Governor or Lieutenant Governor, in the Cases aforesaid, hath, by Experience, been found inadequate to the End proposed. For Remedy whereof, We, your Majesty's most dutiful and loyal Subjects, the Governor, Council, Deemsters, and Keys of the said Isle, do most humbly beseech your Majesty, that it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the Advice and Consent of the said Governor, Council, Deemsters, and Keys, in Tynwald assembled, and by the Authority of the same, That the said Act, so far as the same directs an Appeal to the Governor or Lieutenant Governor, in the Cases aforesaid, be, and the same is hereby repealed. And that the appellate Jurisdiction of the said House of Keys, be, and the same is hereby restored, in as full and ample a Manner as if the said Act had never been made.¾

[382] And be it further enacted, that from and after the Promulgation of this Act, when and so often as any Person or Persons shall conceive himself, herself, or themselves aggrieved by the Verdict of any Jury, made or returned in any Cause in the said Court of Common Law, it shall and may be lawful to and for such Person or Persons to enter or bring a Traverse or Appeal, from such Verdict, to the House of Keys, upon entering into Bond in the Rolls Office, in Manner heretofore accustomed, to prosecute such Traverse or Appeal, with Effect, before the House of Keys. Provided always, that no Traverse or Appeal shall be admitted, or received, from any such Verdict, unless Bond shall be entered into as aforesaid, within the Space of twenty-one Days from the Time of recording the Verdict so to be traversed or appealed from, to the said House of Keys, as herein beforementioned; any Thing in the said Act contained to the contrary hereof in anywise notwithstanding.

And whereas, in and by the said Act, after reciting that the Proceedings of the Great Enquest in Matters heretofore cognizable before them, were dilatory and vexatious, it is, amongst other Things enacted, that the said Great Enquest, and all Proceedings before them, should thenceforward cease, and that all Matters heretofore cognizable before them should be tried and determined at Common Law. And whereas it was thereby meant and intended, only to restrain and exclude the said Great Enquest from trying and determining the Right and Title of Ways, Water-Courses, and Boundaries between Party and Party. And whereas, many Inconveniences have arisen from the total Suppression of the said Great Enquest, for Remedy whereof, be it enacted by the Authority aforesaid, That the Coroner for each and every Sheading within this Isle, shall duly Summon, or cause to be summoned, the Number formerly accustomed, of good and lawful Men, of and belonging to the several and respective Parishes within his Sheading, without Distinction or Difference between the Landholders of Lord's Land, Abbey Land, Bishop's Land, or Baron Land, within the same, to appear at the Common Law Court, which shall be holden for the next Term, after the Promulgation of this Act, in order to be sworn of the Great Enquest, in Court, by a Deemster, in the usual Manner: and that each and every Great Enquest so sworn, shall serve until Michaelmas Term then next ensuing, and that the several and respective Coroners of this Isle for the time being, shall annually afterwards Summon, [383] or cause to be summoned, the like Number of good and lawful Men, of and belonging to each Parish within their respective Sheadings as aforesaid, to appear, and be in like Manner sworn of the Great Enquest, at Michaelmas Term, in each and every Year; and that the several Great Enquests so sworn as aforesaid, shall within and throughout their several and respective Sheadings, without Distinction or Difference between Lord's, Abbey, Bishop's, or Baron Land, upon their Oaths, present all Encroachments and Nuisances, and have all Powers, and do, perform, exercise, and execute all Matters and Things which formerly appertained, or of Right belonged to the Cognizance of a Great Enquest, or Great Enquests, according to the Laws and Customs of the said Isle, in as full and ample a Manner as if the said in part recited Act had never been made; save and except in trying and determining the Right or Title of Boundaries not adjoining the Commons or Wastes, and of Ways, Waters, Water-Courses, and Boundaries between Party and Party, as herein beforementioned: Provided always, that in the trying and determining the Right and Title of Boundaries adjoining the Commons or Wastes, the Testimony of the Witness or Witnesses to be produced, shall be taken in the Presence and under the Direction of a Deemster; and the Evidence of such Witness or Witnesses so to be taken, shall be committed to Writing, at the Expence of the Party producing the same, and the Matter in Issue shall be forthwith determined before the breaking up of the Court, unless the Deemster shall find it necessary to direct it otherwise. Provided also, That any Person or Persons finding himself, herself, or themselves aggrieved by any Verdict, Presentment, or Proceeding of any Great Enquest, shall be at Liberty to Traverse the same to the House of Keys in the first Instance, (instead of to a Long Jury), entering into Bond in the Manner and within the Time herein beforementioned. And it is hereby declared, that it shall and may be lawful to and for a Deemster, either in or out of Court, as Occasion may require, to Cause to be summoned, and to swear any Person to serve in the Great Enquest, in Case of the Death or Indisposition of any Member thereof, or upon other sufficient Cause made known to and approved of by such Deemster, in Manner formerly accustomed in such and the like Cases.

Whitehall, 22d June, 1793.

SIR,

Having laid before the King an Act of Tynwald, transmitted to me, passed in the Isle of Man in the present Year, intituled "An Act to explain and amend an Act of Tynwald made in the seventeenth Year of his present Majesty," intituled "An Act for the better Regulation of Proceedings by Juries before a Court of Common Law." I am to inform you in the Absence of his Grace the Duke of Atholl, Governor of the said Island, that the said Act has been taken into Consideration, and it is Thought well calculated to promote the Interest of the Island, as well from the Manner in which it is recommended by the Duke of Atholl, as from the Sanction of the Opinion given to it. by his Majesty's Attorney and Solicitor General. I am therefore to return the said Act to you, and am to signify to you his Majesty's Approbation thereof.

I am, SIR.

Your most obedient humble Servant,

HENRY DUNDAS.

Lieutenant Governor of the Isle of Man.

At a Tynwald Court holden at St. John's Chapel, the 22d Day of July, 1793.

The beforegoing Act of Tynwald having received his Majesty's Royal Assent, as signified by the Right Hon. the Secretary of State for the Home Department, in a Letter directed to the Hon. Alexander Shaw, Lieutenant Governor of this Isle, bearing Date the 22d Day of June, 1793, and [385] hereunto annexed, the same was promulged on the Tynwald Hill this Day; as witness our Hands,

Examined by MARK H. QUAYLE, Acting C. R.

INSULA MONAE.

An Act for the better Regulation of the Herring Fishery upon the Coasts of the said Isle.

Whereas the Herring Fishery on the Coast of the Isle is an Object of great Importance, and requires to be regulated in the best Manner that Circumstances will admit.

And whereas great Loss and Damage have arisen frequently from the Boats employed in the said Fishery, and Fishing on the same Ground, casting or shooting their Nets from different Sides of the Boats and on different Tacks, endangering thereby the Trains of Nets, and even Boats running foul of one another, often to the Loss of the said Trains and Boats, and sometimes the Lives of the Fishermen.

[386] And whereas to prevent as much as possible such Evils in Time to come, it is necessary and expedient that one uniform Mode of Shooting Nets do prevail throughout the whole Fleet employed in the said Fishery.

And whereas Petitions from the Fishermen of the South Side and North Side of the said Isle were presented to this Court on the 5th and on the 9th Days of this Instant, July, praying, amongst other Things, that in Order to ascertain the best Mode of Shooting the Nets, the Votes and Opinions of the Masters of Boats belonging to the said Isle should be had and taken.

And whereas this Court taking the Subject into their Consideration, did, in order to Remedy the Evils aforesaid, by an Ordinance bearing Date the 9th Day of this Instant, order and direct at the several Coroners within the said Isle, should, within their respective Sheadings, Summon the several Masters of such Boats as paid the Herring Custom last Year, to meet at the several Towns, Ports, or Creeks, to which the said Boats respectively belonged, to give their Opinions and Votes, whether it be most proper to shoot the Nets at the Herring Fishery from the Starboard or Larboard Side of the Boat.

And whereas it appears by the Returns made by the said Coroners, that a great Majority of the Masters of Boats are of Opinion and have voted that it is most convenient and advantageous to Shoot Nets from the Starboard Side of the Boat.

We, your Majesty's most dutiful and loyal Subjects, the said Lieutenant Governor, Council, Deemsters, and Keys, of the said Isle, do most humbly beseech your Majesty, That it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the Advice and Consent of the Governor, Council, Deemsters, and Keys of the said Isle, in Tynwald assembled, and by the Authority of the same, That from and after the Promulgation hereof; all and every the Masters of all Boats and Vessels, Fishing on the Coasts of this Island, shall in future shoot or cause their Nets to be shot from the Starboard Side of the Boat, and in Case any Master or other Person having the Command or Charge of any Boat or Vessel employed in the said Fishery shall suffer the Nets belonging to the said Boat or Vessel to be shot from the Larboard Side thereof, and be thereof lawfully convicted by the Oath of one or more credible Witness, or Witnesses, upon the Complaint of any Master or other Person having the Command or Charge of a Boat or Vessel [387] who may have suffered Injury, Damage, or Inconvenience therefrom, such Master or other Person as aforesaid so offending, shall suffer a Fine not exceeding five Pounds, and be subject to be imprisoned until he enters into Bonds, with Sufficient Sureties, in the penal Sum of fifty Pounds, for his future good Behaviour and Compliance with this Act, and shall also be liable to make good such Damages as may be occasioned to an Person or Persons whatsoever by his Non-compliance with the Terms and true Intent and Meaning of this Act; any Law, Custom, Practice, or Usage to the contrary hereof in anywise notwithstanding.

And be it further enacted by the Authority aforesaid That this Act, and every Clause, Matter, and Thing therein contained, do continue and remain in Force for the Space and Term of seven Years from the Promulgation hereof, and from thence to the twelfth Day of November next following.

Whitehall, 7th August 1794.

SIR

Having laid before the King an Act passed at a Court holden at Castle Rushen, in the Isle of Man, on the 26th, and transmitted to me in your Letter of the 28th ult., entitled "An Act for the better Regulation of the Herring Fishery upon the Coast of the said Isle," I am to inform you, in the absence of his Grace the Duke of Atholl, Governor of the Isle of Man, that the said Act has been taken into Consideration, and is Thought well calculated to promote the Interest of the Island, as well from its Contents as from the Sanction given to it by his Majesty's Attorney and Solicitor General. I have therefore to return the said Act [388] to you, and am to signify to you His Majesty's Approbation thereof.

I am, SIR,

Your most obedient humble Servant,

PORTLAND.

Lieutenant Governor of the Isle of Man.

At a Tynwald Court, holden at St. John's Chapel, the 21st Day of August, 1794.

The before written Act of Tynwald having received His Majesty's Royal Assent. as signified by his Grace the Duke of Portland, Secretary of State for the Home Department, in a Letter directed to the Honourable Alexander Shaw, Lieutenant Governor of this Island, bearing Date the 7th Day of August Instant, and hereunto annexed; the same was this Day promulged on the Tynwald Hill, according to the ancient Form and Custom of this Isle; as Witness our Subscriptions:

[389] ISLE OF MAN, to wit.

At a Tynwald Court holden at Castle Rushen in the said Isle, the 25th Day of June, in the thirty-sixth Year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of GOD of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, and in the Year of our Lord one thousand seven hundred and ninety-six, before the Most Noble JOHN, Duke of ATHOLL, Governor in Chief, the Council, Deemsters, and Keys, of the said Isle.

An Act for the better Security of His Majesty's Person and Government.

Whereas the well being of this Island depends upon the Preservation of the Constitution and Government of Great Britain; and it is the Duty of his Majesty's Subjects within this Island to contribute to the Preservation of his Majesty's Person and Government: We, your Majesty's most dutiful and loyal Subjects, the Governor, Council, Deemsters, and Keys of the said Island, in Tynwald assembled, do beseech your Majesty that it may be enacted, and be it enacted, by the King's Most Excellent Majesty, by and with the Consent of the Governor, Council, Deemsters, and Keys of the said Isle, in Tynwald assembled, That if any Person shall at any Time after the Promulgation of this Act, maliciously and designedly do any Act, or circulate any written or printed Paper or Pamphlet, or use any Expression by Word or Writing, tending to bring into Hatred or Contempt the Person or Government of our most gracious Sovereign, and be thereof lawfully convicted by the Verdict of a Jury as hereinafter mentioned, such Offender shall be subject to a Fine, not exceeding one hundred Pounds, lawful Money of Great Britain, and to Imprisonment not exceeding six Months; and that all Prosecutions in Pursuance of this Act shall be brought and carried on by the Attorney General for the Time being, in the Name of our Sovereign Lord the King, his Heirs or Successors, and shall be tried in the Presence and under the Direction of a Deemster, by a Jury of six lawful Men of the Sheading where the Offender resided at the Time of committing the Offence, or of such other Sheading as may be ordered, on good Cause shewn, which Jury shall be impannelled by a Warrant from a Deemster, and shall consist of an equal Number of Men from and out of each Parish within the Sheading; and that it shall be lawful for [390] a Deemster, upon Complaint and Affidavit made to the Truth thereof, to issue his Warrant for the apprehending and imprisoning the said Offender, until such Offender shall give Bond in a Sum not exceeding one hundred Pounds, lawful Money aforesaid, with Condition to appear and stand Trial for the said Offence, when lawfully thereunto required.

And be it further enacted, by the Authority aforesaid, That all Prosecutions for Offences under this Act shall be commenced and effectually prosecuted within one Year from the committing thereof, and at no Time afterwards.

Whitehall, 1st July. 1796.

MY LORD,

Having laid before the King an Act passed at a Tynwald Court, holden at Castle Rushen, in the Isle of Man, on the 25th of June, and transmitted to me in your Grace's Letter of the same Date, intituled "An Act for the better Security of His Majesty's Person and Government." I am to inform Your Grace that the said Act has been taken into Consideration, and it is thought well calculated to promote the Interests of the Island, as well from its Contents as from the Sanction given to it by His Majesty's Attorney and Solicitor General; I am therefore to return the said Act to your Grace, and am to signify to you His Majesty's Approbation thereof.

I have the Honour to be, MY LORD,

Your Grace's most obedient humble Servant,

PORTLAND.

His Grace the Duke of Atholl, &c. &c. &c.

[391] ISLE OF MAN, to wit.

An Act for the better Regulation of the Herring Fishery.

Whereas the Practice of tarring Nets employed in the Herring Fishery upon the Coasts of the said Island, is found to be very prejudicial to the said Fishery. We, your Majesty's most dutiful and loyal Subjects, the Governor, Council, Deemsters, and Keys of the said Island, in Tynwald assembled, do beseech your Majesty that it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the Consent of the Governor, Council, Deemsters, and Keys of the said Isle, in Tynwald assembled, That from and after the first Day of January next ensuing the Promulgation of this Act, if any Master of a Boat or Vessel, employed in the Herring Fishery upon the Coasts of the said Island, shall make Use of any tarred Net or Nets in the said Fishery, or permit the same to be made use of by any of the Hands, People, or Crew, belonging to such Boat or Vessel, such Master shall for every such Offence be subject to a Fine not exceeding ten Pounds, and to be imprisoned until the said Fine be discharged, unless the said Master can make it to appear that such Net or Nets had been so tarred, previous to the Promulgation of this Act, and not afterwards. And that the said Fine shall be recoverable in the Court of Admiralty, and payable, one-half into the Hands of the Clerk of the Rolls, to be added to the Highway Fund, and the other half to the Informer. And be it enacted by the Authority aforesaid, That the sixth Clause of an Act of Tynwald, promulgated in the Year of our Lord one thousand seven hundred and thirty-seven, whereby the Exportation of Herrings from this Island is put under certain Restrictions, be repealed, and the same is hereby repealed accordingly.

Provided always, that it shall be in the Power of the Governor, Council, Deemsters, and Keys in Tynwald assem- [392] bled, to lay such Restrictions upon the Exportation of Herrings from the Coasts of the said Isle in Times of Scarcity, as the Exigencies of such Times may require.

ISLE OF MAN, to wit.

An Act for the better Regulation of the Court of Common Law.

Whereas the present Mode of holding the Court of Common Law for the whole Island, at one particular Time and Place, hath been found to be very inconvenient to the Public. And it is thought expedient that the Island should be divided into two Districts for the Purpose of holding a Court of Common Law within each District; and in order to make such Division the more commodious and effectual for the Purpose thereof, it is also thought expedient that the present Division of the Parishes of the said Island into Sheadings, should in Part be altered.

[393] We, your Majesty's most dutiful and loyal Subjects, the Governor, Council, Deemsters, and Keys of the said Isle, in Tynwald assembled, do beseech your Majesty, that it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the Consent of the Governor, Council, Deemsters, and Keys of the said Isle, in Tynwald assembled, that from and after the Promulgation of this Act, the Parishes of Patrick, German, and Marown, shall be, and they are hereby constituted, the Sheading of GLANFABA, and shall be so reputed, deemed, and taken to all Intents and Purposes whatsoever. And the Great Enquest of the said Sheading shall consist of an equal Number of Men from and out of each Parish within the said Sheading; and that from and after the Promulgation of this Act, the Parishes of Maughold and Lonan shall be, and the same are hereby constituted the GARFF Sheading, and shall be so reputed, deemed, and taken to all Intents and Purposes, whatsoever. And that the Great Enquest of the said Sheading shall consist of six Men from and out of each Parish within the said Sheading. And that from and after the Promulgation of this Act, the Parishes of Conchan, Braddan, and Santan, shall be, and the same are hereby constituted, the MIDDLE Sheading, and shall be so reputed, deemed, and taken to all Intents and Purposes whatsoever. And be it further enacted, by the Authority aforesaid, that from and after the Promulgation of this Act, the said Sheadings of GLANFABA, MIDDLE, and RUSHEN shall be, and the same are hereby constituted, the SOUTHERN DISTRICT of the said Isle. And the Sheadings of Michael, Ayre, and Garff, the NORTHERN DISTRICT of the said Isle. And that a Court of Common Law shall be holden for the said Southern District, at CASTLE RUSHEN, or such other proper Place within the said District as may be appointed by the Court, and at the Terms and Times already prescribed by Law for the Hearing and Determining of Causes arising in, or properly belonging to the said Southern District; and that Jurors of and belonging to such District and ballotted for according Law, shall be competent to try Causes arising within or properly belonging to the said Southern District. And that the Great Enquests of the Sheadings within the said Southern District, shall be sworn at the Court of Common Law for the said District, and shall be obliged to attend the Court of Common Law for that District only.

And that a Court of Common Law shall be holden for the [394] Northern District of the said Isle at RAMSEY, or such other Proper Place within the said District as may be appointed by the Court on Monday next following such Terms or Times aforesaid, for the Hearing and Determining of Causes arising within or properly belonging to the said Northern District; and that Jurors of and belonging to the said Northern District, and ballotted for according to Law, shall be competent to try Causes arising within or properly belonging to the said District. And that the Great Enquests of the Sheadings within the said Northern District shall be sworn at the Court of Common Law to be holden for the said District, and shall be obliged to attend the Common Law Court for that District only.

Provided, nevertheless, that the Alteration of the Sheadings as herein before mentioned, shall not extend, or be construed to extend, to alter, or affect any particular local Law, Custom, or Usage, which has heretofore prevailed, within any ancient Divisions or Districts of the said Isle.¾ And, provided also, that it shall be lawful for the said Court to appoint a Special Jury for the Trial of any Special Cause as Occasion may require.

Whitehall, 15th July, 1796.

MY LORD,

I have had the honour of receiving your Grace's Letter of the 8th. Inst. transmitting me three different Acts passed by the Legislature of the Isle of Man, intituled, "An Act for the better Regulation of the Herring Fishery," "An Act for the better Regulation of the Courts of Common Law," and "An Act for the Punishment of Forgery and Perjury and Swindling Practices;" and having laid the same before the [395] King, I am to inform your Grace, that the said Acts have been taken into Consideration: the two former, viz. "An Act for the better Regulation of the Herring Fishery," and "An Act for the better Regulation of the Courts of Common Law," are thought well calculated to promote the Interest of the Island, as well from their Contents as from the Sanction given to them by his Majesty's Attorney and Solicitor General. I am therefore to return the said Acts to your Grace, and to signify to you His Majesty's Approbation thereof; but it appearing to His Majesty's Law Officers in this Country, that the last mentioned Act for the Punishment of Forgery, Perjury, and Swindling Practices, is conceived in Terms so general that Persons acting without any Criminal Intent, may be liable to criminal Prosecution, and punished by Fine, Imprisonment, and corporal Punishment, attended in some Cases with personal Disabilities, and particularly it is observed, that the unlawful disposing of the Goods of other Persons, without Authority so to do, is liable to such Punishment, without any Distinction, whether the Act is done with a criminal Intent or is a mere civil Trespass, it will therefore be necessary to give the said Act a more serious Attention, before His Majesty can be advised to give his Royal Assent thereto.

I have the Honour to be,

MY LORD,

Your Grace's most obedient humble Servant,

PORTLAND.

Duke of Atholl.

At a Tynwald Court holden at St. John's Chapel, the 12th Day of September, 1796.

The before written Acts of Tynwald, intituled "An Act for the better Regulation of the Herring Fishery," and "An Act for the better Regulation of the Court of Common Law," having received His Majesty's Royal Assent, as signified by his Grace the Duke of Portland, Secretary of State for the Home Department, in a Letter addressed to his Grace the Duke of Atholl, Governor in Chief of this Island, bearing Date the 15th July, 1796, and hereunto annexed. The said Acts were this Day promulgated and published upon the Tynwald Hill, according to the ancient Form and Custom within this Isle; as Witness our Subscriptions:

ISLE OF MAN, to wit.

An Act for the Punishment of Forgery, Perjury, Subornation of Perjury, and Cheating or Swindling.

Whereas the Crimes of Forgery and Perjury, and Subornation of Perjury, were by the Common Laws of the said Isle, punishable with Fine, Imprisonment, and corporal Punishment. And whereas by a Statute or Act of Tynwald, promulgated the twenty-fourth Day of June, in the Year of our Lord one thousand seven hundred and thirty-seven, it is amongst other Things enacted, "That no Court, Judge, or Magistrate, within this Isle, shall have Power or Authority, for the Future, to impose or inflict any Fine or Punishment upon any Person or Persons, for, or on Account of any Criminal Cause whatsoever until he, she, or they be first convicted by the Verdict or Presentment of four, six, or more Men, as the Case may require, upon some Statute Law in Force in the said Island." And whereas there is not any [397] Statute Law in Force in the said Island, for the Punishment of the said Crimes of Forgery, Perjury, and Subornation of Perjury:

We, your Majesty's most dutiful and loyal Subjects, the Governor, Council, Deemsters, and Keys of the said Island in Tynwald assembled, do beseech your Majesty that it may be enacted, and be it therefore enacted, by the King's Most Excellent Majesty, by and with the Advice and Consent of the Governor, Council, Deemsters, and Keys of the said Island, in Tynwald assembled, and by the Authority of the same, That if any Person, from and after the Promulgation of this Act, shall falsely make, forge, counterfeit, or alter, or cause or procure to be falsely made, forged, counterfeited, or altered, or willingly act or assist in the false making, forging, counterfeiting, or altering any Act of Tynwald, or any Decree or Judgment, or Execution, or any Record or Process of any of the Courts, or any Verdict of any Jury, or Deposition of any Witness or Witnesses, duly taken and signed by or before any Court, Magistrate, or Jury within the said Isle, or any Deed, Charter, Writing sealed, Court Roll, Will, Writing Testamentary, Bond, Writing Obligatory, Memorial of the Enrolment or Registration of any Deed or Will, Bill of Exchange, Prommissory Note for the Payment of Money, Indorsement, Assignment or Acceptance of any Bill of Exchange, or Promissory Note for the Payment of Money, Acquittance or Receipt, either for Money or Goods, Release or Discharge of any Debt, Accompt, Action, Suit, or other Demand, the Number of any Principal Sum of any Accountable Receipt for any Note, Bill, or other Security for the Payment of Money, or any Warrant or Order for Payment of Money or Delivery of Goods, with Intention to defraud any Person or Corporation whatsoever, or shall utter or publish, as true, any false, forged, counterfeited, or altered Act of Tynwald, or any Decree, Judgment or Execution, or any Record or Process of any of the Courts, or any Verdict of any Jury, or Deposition of any Witness or Witnesses, duly taken and signed, by or before any Court, Magistrate, or Jury, within the said Isle, or any Deed, Charter, Writing sealed, Court Roll, Will, Writing Testamentary, Bond, Writing Obligatory, Memorial of the Enrolment or Registration of any Deed or Will, Bill of Exchange, Promissory Note for the Payment of Money, Indorsement, Assignment, or Acceptance of any Bill of Exchange or Promissory Note for the Payment of Money, Ac- [398] quittance, or Receipt, either for Money or Goods, Release, or Discharge of any Debt, Accompt, Action, Suit, or other Demand, the Number of any Principal Sum of any Accountable Receipt, for any Note, Bill, or other Security for the Payment of Money, or any Warrant or Order for Payment of Money or Delivery of Goods, with Intention to defraud any Person or Corporation whatsoever, knowing the same to be false, forged, counterfeited, or altered; then every such Person, being thereof lawfully convicted, by open Confession in Court, or by wilfully standing Mute, or by the Verdict of a Jury, as hereinafter provided, shall be subject to such Fine, Imprisonment, and Corporal Punishment as the Court or Judge before whom he or she shall be convicted as aforesaid, shall in their Discretion award and adjudge, and shall for ever after be incapable to hold any Office or Place of a public Trust.

And be it further enacted, by the Authority aforesaid, That if any Person, from and after the Promulgation of this Act, shall commit any wilful and corrupt Perjury, or shall unlawfully or corruptly procure and suborn any Person to commit any wilful and corrupt Perjury in any Matter or Cause, legally depending in Suit and Variance by any Writ, Action, Bill, Libel, Complaint, Petition, Information, or Indictment, in any of the Courts within the said Isle, or before any Magistrate, Jury, Person or Persons duly authorized by the Laws of the said Isle to administer an Oath in, any judicial Proceeding; then every such Offender, being thereof lawfully convicted by open Confession in Court, or by wilfully standing Mute, or by the Verdict of a Jury as hereinafter mentioned, shall be subject to such Fine, Imprisonment, and Corporal Punishment as the Court or Judge before whom he or she shall be convicted as aforesaid, shall in their Discretion award and adjudge, and shall for ever after be incapable to hold any Office or Place of public Trust.

And be it further enacted, by the Authority aforesaid, That all Persons who, from and after the Promulgation of this Act, shall falsely and designedly obtain any Money, Goods, Wares, or Merchandizes from any Person or Persons, by Means of any false Token, counterfeit Letter, or by any other false Pretence or Pretences whatsoever, with Intention to cheat or defraud any Person or Persons of the same; or shall knowingly send or deliver any Letter or Writing with or without a Name or Names subscribed thereunto, or signed with a fictitious Name or Names, Letter or [399] Letters, threatening to accuse any Person or Persons of any Crime punishable by the Laws of the said Isle, with Intent to extort or gain Money, Goods. Wares or Merchandizes. from the Person or Persons so threatened to be accused; then every such Offender being thereof lawfully convicted by open Confession in Court, or by wilfully standing Mute, or by the Verdict of a Jury as hereinafter provided, shall be subject to such Fine, Imprisonment, and Corporal Punishment as the Court or Judge before whom he or she shall be convicted as aforesaid, shall in their Discretion award and adjudge, and shall for ever after be rendered incapable to hold any Office or Place of public Trust.

And be it further enacted, by the Authority aforesaid, That in all Cases where any Offender or Offenders may lawfully be sentenced to be imprisoned by Virtue of any of the Provisions of this Act, it shall be also lawful for the Court or Judge before whom such Offender or Offenders shall have been Convicted, to direct, order, and award such Offender or Offenders to be further imprisoned until he, she, or they give good and sufficient Security to make full Restitution to the Party or Parties injured, to be recovered in the ordinary Course of Law. Provided, nevertheless, that it shall be in the Power of the Court to order such Offender or Offenders to be discharged from such last mentioned Imprisonment, upon its appearing to the Court that the Offender or Offenders is or are not of Ability to make Restitution to the Party aggrieved; and that all Prosecutions for or on Account of the said Crimes, or any of them, shall be brought and carried on by the Attorney-General for the Time being in the Name of our Sovereign Lord the King, his Heirs or Successors, and shall be tried in the Presence and under the Directions of the Deemsters, or one of them, by a Jury of six good and lawful Men of the Sheading wherein the Offender or Offenders, or some or one of them resided at the Time of committing the Crime or Offence, or of such other Sheading as may be ordered on good Cause shewn, which Jury shall be impannelled by Warrant from a Deemster, and shall consist of an equal Number of Men from and out of each and every Parish within the Sheading.

And be it further enacted, by the Authority aforesaid, That it shall be lawful for a Deemster, on Complaint lodged, and Affidavit made to the Truth thereof, to issue his Order or Warrant, for the apprehending and imprisoning any Person or Persons charged with having committed any of the [400] Crimes or Offences aforesaid, until he, she, or they give in good and sufficient Security, at the Discretion of such Deemster, to appear and stand Trial for such Crime or Crimes, Offence or Offences, when thereunto lawfully required; and that Prosecutions under this Act shall be commenced and effectually prosecuted within one Month from the Time of apprehending and imprisoning of any Person or Persons, charged with having committed any of the Crimes or Offences aforesaid, and not afterwards, unless good Cause be shewn to the Court why the same should be postponed. And that whenever and as often as such Offender or Offenders shall have been so apprehended and imprisoned, such Offender or Offenders shall have it in his, her, or their Power to apply for and bring on his, her, or their Trial, and shall be intitled to and obtain such Time for the making his, her, or their Defence, as the Court on Application may think reasonable.

Whitehall, 16th August, 1797.

MY LORD,

Having laid before the King an Act of Tynwald, intitled "An Act for the Punishment of Forgery, Perjury, Subornation of Perjury, and Cheating or Swindling," transmitted to me in your Grace's Letter of the 25th of last Month; I am to inform your Grace that the said Act has been taken into Consideration, and it is Thought well calculated to promote the Interests of the Island, as well from its Contents as from the Sanction given to it by His Majesty's Attorney Gene- [401] ral. I am therefore to return the said Act to your Grace, and am to signify to you His Majesty's Approbation thereof.

I have the Honour to be,

MY LORD,

Your Grace's most obedient humble Servant,

PORTLAND.

His Grace the Duke of Atholl, &c. &c. &c.

At a Tynwald Court, holden at St. John's Chapel, the 27th Day of September, 1797.

The before written Act of Tynwald having received His Majesty's Royal Consent, as signified by his Grace the Duke of Portland, Secretary of State for the Home Department, in a Letter directed to his Grace the Duke of Atholl, Governor in Chief of this Island, bearing Date the 16th Day of August last past, and hereunto annexed; the same was this Day published and promulged on the Tynwald Hill, according to the ancient Form and Custom of this Isle; as Witness our Subscriptions:

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