[from Mills' Statutes, 1821]

ISLE OF Man, to wit.

At a Tynwald Court holden at Castle Rushen, the 23d Day of May, in the fifty-seventh Year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of GOD of the United Kingdorn of Great Britain and Ireland, King, Defender of the Faith, and so forth, and in the Year of our Lord one thousand eight hundred and seventeen, before the Honourable CORNELIUS SMELT, Lieutenant Governor, the Council, Deemsters, and Keys of the said Isle.

An Act to prevent the Negociation of Promissory Notes and Inland Bills of Exchange within the said Isle under a limited Sum.

Whereas divers Persons have of late Years issued Promissory Notes, payable to Bearer for fractional Sums of Money under twenty Shillings, whereby the public Credit of the Island hath been most materially injured, and the Crime of Forgery greatly facilitated and increased, and the legitimate Currency of the Realm nearly banished from the said Isle. And whereas it is expedient to abolish the Issuing and Circulation of Notes or Cards for the Payment of any Sum or Sums of Money under twenty Shillings British. We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant-Governor, Council, Deemsters, and Keys of the said Isle, do 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 Lieutenant-Governor, Council, Deemsters, and Keys of the said Isle, in Tynwald assembled, and by the Authority of the same, that from and immediately after the Promulgation of this Act, all the Estate, real and personal, of every Description and Quality whatsoever, whether Quarterland, or Lands of Inheritance, descendible from Ancestor to Heir, or acquired in any other Manner whatever, belonging to, or in Trust for, the Issuer of any Promissory or other Note, Bill of Exchange, Draft, or Undertaking in Writing, being negotiable or transferable, now in Circulation, or hereafter to be issued, by any Person or Persons as Bankers, under the Provisions of this Act, shall be subject and liable to the Payment of all and every such negotiable Instrument whatsoever.

And be it further enacted by the Authority aforesaid, That every such Person or Persons as aforesaid, who, after the [464] Promulgation of this Act, shall make and issue within the said Isle any such Promissory or other Note, Bill of Exchange, Draft, or Undertaking in Writing, being negotiable or transferable, for the Payment of any Sum or Sums of Money, less than twenty Shillings British, shall severally forfeit and pay the Penalty of fifty Pounds for each and every Offence, One-half to and for the Use of his Majesty, and the other Half to the Informer; such Penalty to be recovered by Suit in the Court of Exchequer of this Isle, in the Name of the Attorney-General of the said Isle for the Time being.

And be it further enacted, That all Promissory or other Notes, Bills of Exchange, Drafts, or Undertakings in Writings, being negotiable or transferable, for Payment of any Sum or Sums of Money less than twenty Shillings British, which are now in Circulation within the said Isle, shall, from and after the Expiration of three Calendar Months from the Promulgation of this Act, be, and are hereby declared to be null and void, to all Intents and Purposes whatever; and that the Holder or Holders of any such unlawful Note, Bill, Draft, or Undertaking aforesaid, shall not have or be entitled to any Relief or Recourse, for the Amount of the same or any Part thereof, upon or against the Maker or Makers, Indorser or Indorsers, of any such unlawful Note, Bill, Draft or Undertaking aforesaid, or any other Party, Person, or Persons whatever; save and except in Cases of Fraud practised upon the innocent.

And be it further enacted by the Authority aforesaid, That from and after the Promulgation of this Act, no Person or Persons shall make and issue any Bills, Notes, or other negotiable Paper or Instrument whatever, for the Payment of twenty Shillings British or upwards, by way of a circulating Medium, without the Licence of the Governor or Lieutenant-Governor and Council of the said Isle, for the Time being, to be granted or refused at their Discretion, under Penalty of fifty Pounds for every such Bill, Note, or other Instrument issued contrary to this Act; which Licence shall remain in force for one Year only, and be renewable from Year to Year, at the Discretion of the said Governor, or Lieutenant-Governor, and Council, and that the Sum of twenty Pounds British, shall be paid for each and every such Licence into the Hands of the Clerk of the Rolls, to be added to the Highway Fund. Provided also, that Nothing herein contained shall extend, or be construed to, extend, to hinder, prevent, or restrain, the making or passing of Notes [465] or Bills of any Amount, without a Licence, so as the same be done in the common and ordinary Course of Trade or Business, and not in the way of Cash Notes or Bills, or Bankers Notes or Bills.

And be it further enacted, That every such Banker or Bankers as aforesaid shall be bound to take up and pay all such Notes or other negotiable Paper or Instruments whatever, made and issued by them, or any of them, within the said Isle, by paying the full Value in Gold, Silver Coin, of the legal Currency of Great Britain, Promissory Notes of the Bank of England, or by direct Bills of Exchange on London, at a Date not exceeding two Months.

At a Tynwald Court holden at St. John's Chapel, the 31st Day of July, in the Year of our Lord 1817.

The before written Act of Tynwald, intituled, "An Act to prevent the Negotiation of Promissory Notes and Inland Bills of Exchange within the said Isle, under a limited Sum," having received the Royal Assent, at the Court at CarIton House, the 1st July, 1817, present, his Royal Highness the Prince Regent in Council, the said Act was this Day promulgated and published on the Tynwald Hill, according to the ancient Form and Custom within the said Isle, as witness our Subscriptions :

I SLE OF MAN, to wit.

An Act for the better Regulation of the Herring Fishery, and the Prevention of Frauds in the Purchase and Sale of Herrings in the Isle of Man, and on the Coasts thereof.

Whereas an Act of Tynwald, passed in the thirty-sixth Year of the Reign of his present Majesty, intituled "An Act for the better Regulation of the Herring Fishery," respecting the Practice of Tarring Nets used in the Herring Fishery upon the Coasts of the Isle of Man, which was found to be very prejudicial to the said Fishery :

And whereas the said Act has proved insufficient for the Prevention of such Practice of using Tarred Nets, and it is expedient that the same should be repealed, and Provision made for the more effectual Prevention of such evil Practices;

We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant-Governor, Council, Deemsters, and Keys of the said Isle, do 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 Lieutenant-Governor, Council, Deemsters, and Keys of [467] the said Isle, in Tynwald assembled, and by the Authority of the same, that the said recited Act of the thirty-sixth Year of his present Majesty, so far as respects the Use of Tarred Nets, be repealed, and the same is hereby repealed accordingly.

And be it enacted, by the Authority aforesaid, That from and after the Promulgation of' this Act, in case any Master of a Boat or Vessel employed in the Herring Fishery upon the Coasts of the Isle of Man, shall have or use 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, or any Person or Persons in or belonging to such Boat or Vessel; or in case any Tarred Net or Nets shall be used, engaged, or employed in the said Herring Fishery, the said Tarred Nets so found or seized shall be forfeited and the Master of every such Boat or Vessel shall, for every such Offence, be subject to a Fine not exceeding ten Pounds British, and be imprisoned until the said Fine be discharged.

And whereas, in Consequence of the Frauds practised by the present Mode of buying and selling Fresh Herrings in the Isle of Man and on the Coasts thereof, by Tale, it is become expedient that Rules and Regulations should be established for the future Purchase and Sale of the said Fish by Measure commonly called a Cran: Be it therefore further enacted, that from and after the Expiration of one Calendar Month from the Promulgation of this Act, all Fresh Herrings which shall be bought and sold in the said Island, or on the Coasts thereof; (whereof the Quantity of such Purchase or Sale shall exceed a Half Cran) shall be by the Measure commonly called the Cran or Half-Cran; and that the ran to be used for the Purchase and Sale of Fresh Herrings as aforesaid, shall be of the Contents or Capacity of forty-two Gallons English Wine.Measure, reckoning from the outermost Extremities of the Staves, and that it shall be made of Oak Staves completely seasoned; the Staves not to be under two Inches, nor to exceed four Inches in Breadth, and no Croze allowed; and the Length of the Cran shall be thirty-one Inches of made work; that the Bung Diameter exclusive of the Thickness of the Staves, shall be twenty-one Inches, and that the Diameter of the Ends, taken correctly from Inside to Inside at the very Extremity thereof, shall be eighteen Inches, so that the main Diameter will be twenty Inches and one-tenth Part of an Inch, and the Contents forty-two Gallons and One-half; but Care to be taken at the [468] Adjustment of the Measure, and before it is branded, to reduce the Cran, to the exact Guage of forty-two Gallons by paring a little from the Ends of the Staves.

And be it further enacted, That the Contents or Capacity of the Half-Cran shall be twenty-one Gallons English Wine Measure; that the Staves shall be of the same Quality and Thickness required for the Cran, and from two to three Inches in Breadth; and the Length of the Half-Cran shall be twenty-one Inches of the made work; and the Bung Diarneter, exclusive of the Thickness of the Staves, eighteen Inches, and the inside Diameter of the Ends sixteen Inches; the main Diameter will thus be seventeen Inches and the said Half-Cran, before it is branded to be reduced to the exact Guage of twenty-one Gallons English Wine Measure, by paring the Staves as before directed with respect to the Cran.

And be it further enacted, That no Cran, or Half-Cran, or Measure shall be used, until it shall have been presented to and approved of by one of the High Bailiffs of this Isle; and that upon the said High Bailiff being satisfied that the Measure is in every respect conformable to the before mentioned Regulations, he shall cause the same to be branded in his Presence with an hot Iron bearing the Figure of a Crown thereon; and that the Iron or Stamp of the Crown shall be applied to the Outside of four different Staves, two at each End, care being had to place the Brand on the Joint at the one End which was not applied to on the other.

And be it further enacted, That upon the approval and branding of every such Cran, or Half-Cran, or Measure, the said High Bailiff shall be entitled to have and receive the Sum of one Shilling British, from the Person or Persons presenting the said Cran, or Half-Cran, or Measure, to be branded as aforesaid.

And be it further enacted, That if at any Time after the Promulgation of this Act, any Person or Persons shall Purchase or Sell any Fresh Herrings, (whereof the Quantity of such Purchase or Sale shall exceed a Half-Cran), otherwise than by the said Cran or Half-Cran, such Person or Persons shall be subject and liable to a Penalty or Forfeiture not exceeding ten Pounds British, nor less than three Pounds British, for every such Offence, at the Discretion of the Court herein after mentioned.

And any Cran, or Half-Cran, or Measure, not so marked or branded as aforesaid, which shall be made Use of in the [469] buying, or receiving, or selling, or delivering of Fresh Herrings in the Isle of Man, or on the Coasts thereof, every Person or Persons so making Use thereof shall forfeit such Cran, or Half-Cran, or Measure; and also any Sum not exceeding ten Pounds British, nor less than three Pounds British, at the Discretion of the said Court. And any Person or Persons, not authorized by Virtue of this Act, branding any Cran, or Half-Cran, or Measure, with the Marks or Characters abovementioned, or with any Marks or Characters counterfeiting the same, shall forfeit the Sum of fifty Pounds British Money.

And be it further enacted, That it shall and may be lawful for all Officers of' His Majesty's Customs within or belonging to this Isle, to search for and seize any such Cran, or Half-Cran, or Measure, as shall not be marked or branded conformable to this Act, as well as such Tarred Net or Nets as aforesaid.

And be it further enacted, That the Master of every Boat or Vessel, used, employed, or engaged in the said Herring Fishery, on the Coasts of the Isle of Man, shall, before he shall proceed to or be engaged in the said Fishery, make a Return to the Collector of the Port of Douglas, of the Name of such Boat or Vessel, the Name of the Master, the Tonnage of the said Boat or Vessel, according to the Custom House Registry, and the Port or Place to which the said Boat or Vessel belongs; and the said Collector shall keep a Book or Register wherein the same shall be entered, and Number the several Boats or Vessels in Rotation, according as each Master of the Boat or Vessel shall apply, and shall give the Master of such Boat or Vessel a Certificate of the Number of such Registry, which Number so certified shall be the Number of such Boat or Vessel, the said Master paying unto the said Collector, for such Entry and Certificate, the Sum of one Shilling British Money.

And be it further enacted, That all Boats and Vessels belonging to the said Island, and used, engaged, or employed in the Herring Fishery on the Coasts thereof, shall be distinctly marked or numbered on the Outside of the upper Plank or Board of such Boat or Vessel on each Side of the Stern thereof, at the Distance of five Feet from the Stern-Post, with Figures in white Paint on a black Ground, of the Length of four Inches, and of the Breadth of two Inches; and that the said Figures, on the Sides of the said Boat or Vessel, be at all Times kept plain, legible, and distinct.

[470] Provided always, and be it enacted, That this Act or any of the Provisions therein contained, respecting the Registry and Numbering of the said Boats or Vessels, used and engaged in the Herring Fishery, and the Penalties, Fines, or Forfeitures relating thereto, shall not, nor are meant, nor shall be construed to extend to any Smack or Vessel used in the purchase of Fish only, and that shall not be employed in the actual Capture or taking of the Fish.

And be it further enacted, That any Fine, Penalty, or Forfeiture, by this Act imposed, shall and may be sued for, recovered, and levied by Prosecution in His Majesty's Court of Exchequer in this Island, in the Name of the Attorney-General for the Time being, in like Manner as any other Fine is recovered and levied in the said Court. And that one Moiety of such Fine, Penalty, or Forfeiture, shall go and be paid to the Commissioners of Harbours, to be applied to the Use and for the Benefit of the Harbours, in the same Manner as other Funds appropriated to that Purpose; and the other Moiety to such Person or Persons as shall give Information for the Purpose of any Prosecution under this Act.

At a Tynwald Court, holden at St. John's Chapel, the 31st Day of July, in the Year of our Lord 1817.

The before written Act of Tynwald, intituled, "An Act for the better Regulation of the Herring Fishery, and the [471] Prevention of Frauds in the Purchase and Sale of Herrings in the Isle of Man, and on the Coasts thereof," having received the Royal Assent, at the Court at CarIton House, the 1st of July, 1817, present, his Royal Highness the Prince Regent in Council, the said Act was this Day promulgated and published on the Tynwald Hill, according to the ancient Form and Custom within the said Isle; as witness our Subscriptions

ISLE OF MAN, to wit.

An Act for continuing until the tenth Day of October, one thousand eight hundred and nineteen, an Act of Tynwald passed in the fifty-third Year of His Majesty's Reign, for the better Making and Repairing of Highways and Bridges in the said Isle.

Whereas an Act of Tynwald was passed in the fifty-third Year of His Majesty's Reign, intituled "An Act for the [472] better Making, Repairing, and Amending of Highways and Bridges," to continue in Force until the tenth Day of October, one thousand eight hundred and fifteen; which Act was by an Act of Tynwald passed the fifth Day of July, one thousand eight hundred and fifteen, continued in Force until the tenth Day of October, one thousand eight hundred and seventeen: And whereas it is expedient that the said Act of the fifty-third Year of His Majesty's Reign should be continued in Manner hereinafter mentioned; We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant-Governor, Council, Deemster, and Keys, of the said Isle, in Tynwald assembled, do 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 Lieutenant-Governor, Council, Deemster, and Keys, of the said Isle, in Tynwald assembled, and by the Authority of the same, that the said recited Act of Tynwald, of the fifty-third Year of His Majesty's Reign, intituled, "An Act for the better Making, Repairing, and Amending of Highways and Bridges," shall be, and the same, is hereby continued, and shall be in Force until the tenth Day of October, which will be in the Year of our Lord one thousand eight hundred and nineteen.

At a Tynwald Court holden at St. John's Chapel, the 11th Day of September, in the Year of our Lord 1817.

The before written Act of Tynwald, intituled, "An Act for continuing until the tenth Day of October, one thousand eight hundred and nineteen, an Act of Tynwald passed in the fifty-third Year of His Majesty's Reign, for the better Making and Repairing of Highways and Bridges in the said Isle," having received the Royal Assent, at the Court at CarIton House, the 13th August, 1817, present his Royal [473] Highness the Prince Regent in Council, the said Act was this Day promulgated and published on the Tynwald Hill, according to the ancient Form and Custom within the said Isle; as witness our Subscriptions:

ISLE OF MAN, to wit.

An Act to prevent the Recovery of Tippling Debts.

Whereas it is recited in the Preamble to an Act of Tynwald, passed in the Year one thousand seven hundred and thirty-four, that the great Number of petty Alehouses and Tippling Houses in this Isle were destructive of the public Good; and that such Houses were so far from being in a Condition to perform the Tenor of their Licences, that they were in no Sort fit to entertain Travellers or Strangers in any [474] decent Manner: And whereas the. Remedies provided by that and subsequent Acts have been found insufficient for the Removal of the before recited Evils: And whereas of late Years a great Accumulation of small Debts has arisen from drinking upon Trust at Public Houses, and which has led, as well in the Lifetime of the Parties as afterwards, to vexatious and harrassing Suits in the various Courts of this Isle: We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant Governor, Council, Deemster, and Keys, of the said Isle, do 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 Lieutenant Governor, Council, Deemster, and Keys of this Isle, in Tynwald assembled, and by the Authority of the same, that from and immediately after the Promulgation of this Act, no Debt or Demand which shall exceed the Sum of five Shillings British, arising from the Sale of Wine, Spirits, Ale, Porter, Beer, Cyder, or Perry, which shall have been drunk or consumed at or in any. Public House, or House licenced to sell such Liquors by Retail, within this Isle, shall be recoverable in any of the Courts thereof, any Law, Practice, or Usage to the contrary notwithstanding. Provided always, that Nothing herein enacted shall extend to any Debt or Demand arising from the Sale of any of the Articles aforesaid, to any Person or Persons lodging or boarding in any Hotel or Inn within this Island.

[475] At the Court at Brighton, the 1st of February, 1819, Present, His Royal
Highness the Prince Regent in Council.

Whereas there was this Day read at the Board a Report from a Committee of the Lords of His Majesty's Most Honourable Privy Council, dated the 30th of last Month, in the Words following, viz. :

"Your Royal Highness having been pleased by your Order in Council, of the 18th Inst. in the Name and on the Behalf of His Majesty, to refer unto this Committee a Letter from the Right Honourable Viscount Sidmouth, one of His Majesty's Principal Secretaries of State, to the Lord President of the Council, transmitting an Act passed by the Legislature of the Isle of Man, intituled as follows, viz., "An Act to prevent the Recovery of Tippling Debts;" — The Lords of the Committee, in Obedience to your Royal Highness's said Order of Reference, have taken the said Letter and Act into Consideration, and do agree humbly to lay the said Act before your Royal Highness, as proper to receive your Royal Highness's Confirmation, in the Name and on, the Behalf of His Majesty."

Jas. BULLER.

At a Tynwald Court holden at St. John's Chapel, the 26th Day of February in the Year our Lord 1819 ,
The before written Act of Tynwald, intitled, "An Act to prevent the Recovery of Tippling Debts," having received the Royal Assent at the Court at Brighton, the 1st of February, 1819, present, his Royal Highness the Prince Regent in Council, the said Act was this Day promulgated and published on the Tynwald Hill, according to the ancient Form and Custom in the said Isle, as witness our Subscriptions:

ISLE OF MAN, to wit.

An Act for the better Making, Repairing, and Amending of Highways and Bridges.

Whereas the Funds already provided by Law for the Making, Repairing. and Amending of Highways and Bridges, within the said Isle, are found to be very insufficient for the Purposes thereof, and it is become expedient that the said Funds be increased:

And whereas by an Act of Tynwald passed in the Year of our Lord one thousand seven hundred and thirty-four, entitled, "An Act to suppress petty Ale Houses and Tippling Houses," an Impost or Duty is laid upon the retailing of Ale, Wine, and Spirituous Liquors:

And whereas by an Act of Tynwald, passed in the said Isle, in the Year of our Lord one thousand seven hundred and seventy-six, entitled, "An Act for the better Making, Repairing, and Amending of the Highways, the Draining of Fens and Marshy Grounds, the Making of Stone Walls and other Boundaries, and for the more effectually preventing of Trespasses," an additional Impost or Duty is laid upon the retailing of Ale, Wine, and Spirituous Liquors, and directed to be applied to the Use of the said Highways and Bridges:

And whereas it is thought expedient to repeal the said Act of Tynwald, passed in the Year of our Lord one thou- [477] sand seven hundred and thirty-four; and also that Part of the said Act of Tynwald, passed in the Year of our Lord one thousand seven hundred and seventy-six, whereby an additional Impost or Duty is laid upon the retailing of Ale, Wine, and Spirituous Liquors, directed to be applied to the Use of the Highways and Bridges aforesaid, and to lay an Impost or Duty upon the retailing of Ale, Wine, and other Liquors, in lieu of the Duties imposed by the said recited Acts:

We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant-Governor, Council, Deemster, and Keys of the said Isle, in Tynwald assembled, do 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 of the Lieutenant-Governor, Council, Deemster, and Keys of the said Isle, and by the Authority of the same, That from and after the tenth Day of October next ensuing the Promulgation of this Act, the said Act of Tynwald, passed in the Year one thousand seven hundred and thirty-four, entitled, "An Act to suppress petty Ale Houses and Tippling Houses," and that Part of the said Act of Tynwald, passed in the Year of our Lord one thousand seven hundred and seventy-six, whereby an additional Impost or Duty is laid upon the retailing of Ale, Wine, and Spirituous Liquors, do severally stand repealed: and that from and after the tenth Day of October next ensuing the Promulgation of this Act, no Person or Persons shall retail any Kind of Wines within the said Isle, without a Licence from the Governor or Lieutenant-Governor of the said Isle for the Time being, under the Penalty of three Pounds for each and every Offence; and that the Sum or Duty of one Pound sixteen Shillings and Ninepence be payable and paid for each and every such Licence. And that from and after the said tenth Day of October next ensuing the Promulgation of this Act, no Person or Persons shall retail any Rum, Geneva, Brandy, or other Spirituous Liquors within the said Isle, without a Licence from the Governor or Lieutenant-Governor of the said Isle for the Time being, under the Penalty of three Pounds for each and every Offence; and that the Sum, of one Pound four Shillings and Sixpence shall be payable and paid for each and every such Licence to retail Spirituous Liquors. And that from and after the said tenth Day of October next ensuing the Promulgation of this Act, no Person or Persons shall retail any Ale, Beer, Porter, Cyder, or Perry within the said Isle, without a Licence from the Governor or Lieute- [478] nant-Governor of the said Isle for the Time being, under the Penalty of three Pounds for each and every Offence; and that the Sum of twelve Shillings and Threepence shall be payable and paid for each and every such Licence to retail Ale, Beer, Porter, Cyder, or Perry. And that the selling of Wine, in or by any Vessel, Measure, or Quantity less than a Hogshead; and that the selling of Spirituous Liquors in or by any Vessel, Measure, or Quantity less than a Puncheon, Piece, or Butt; and the selling of Ale, Beer, Porter, Cyder, or Perry, in or by any Vessel, Measure, or Quantity less than a Quarter Barrel, shall be deemed and considered to be retailing the same respectively within the Intendment of this Act.

And be it further enacted by the Authority aforesaid, That the said Licences shall be issued yearly between the tenth Day of October and the first of November in each Year, or such Day or Days as shall be appointed and proclaimed for that Purpose, and at such other Times as may be ordered occasionally by the Governor or Lieutenant-Governor of the said Isle for the Time being, on special Application for that Purpose.

And be it further enacted by the Authority aforesaid, That in all Cases where the Party or Parties applying for the said Licences, or any of them, do not intend to keep a Tavern, Inn, or Public House, he, she, or they shall signify the same upon making such Application, and the Tenor of the Licence or Licences granted or to be granted upon such Application, shall express that the Party or Parties applying for the same do not intend to keep a Tavern, Inn, or Public House, or to that Effect; and that such last mentioned Licence or Licences so expressed as aforesaid, shall not authorize or entitle the Party or Parties obtaining the same, to keep a Tavern, Inn, or Public House, or to sell Wine or Spirits in any Quantity less than one Quart, or the Contents of a Bottle usually denominated a Quart Bottle, under a Penalty of three Pounds for every Offence.

And be it further enacted by the Authority aforesaid, That no Licence or Licences to sell Wine or Spirituous Liquors, shall be granted to any Person or Persons whatsoever, intending to keep a Tavern, Inn, or Public House, unless such Person or Persons shall apply for and obtain a Licence to sell and retail Ale, Beer, Porter, Cyder, and Perry, according to the Provisions of this Act. And that all Persons so licensed to keep a Tavern, Inn, or Public House, shall, with- [479] in one Calendar Month after obtaining such Licence, place or affix a Board or Sign over the front Door or some other conspicuous Place on the Front of such Public House, containing the Name of the Person so licensed, and such Articles as he or she is licensed to retail, in sufficient legible Characters, under a Penalty of ten Shillings for each and every Default.

And be it further enacted by the Authority aforesaid, That the Party or Parties applying for any such Licence or Licences with an Intention of keeping a Tavern, Inn, or Public House, if an Inhabitant or Inhabitants of a Market Town within the said Isle, shall, previous to obtaining such Licence or Licences, produce a Certificate under the Hand of the High Bailiff of the said Town, that such Party or Parties is or are a fit and proper Person or Persons to obtain such Licence or Licences; and if the said Party or Parties be not an Inhabitant or Inhabitants of a Market Town, then and in such Case, he, she, or they shall, previous to obtaining such last mentioned Licence or Licences, produce a Certificate to the Effect aforesaid, under the Hands of the Rector, Vicar, or Curate, and Captain of the Parish, and High Bailiff of the District in which such Party may reside, or any Two of them, for which Certificate the Sum or Fee of Sevenpence only shall be payable. And in the Case of a Party or Parties applying for such Licence or Licences who shall not at the Time of the Promulgation of this Act be already Licenced to keep a Public House in such Market Town, that the Party or Parties so applying shall, previous to obtaining such Licence or Licences, produce a Certificate under the Hand of the High Bailiff to the Tenor and Effect aforesaid, and also that such Tavern, Inn, or Public House is requisite for the Public Convenience; and if the said Party or Parties be not an Inhabitant of a Market Town, then, and in such Case, he, she, or they shall, previous to obtaining such Licence or Licences, produce a Certificate, to the Effect aforesaid, under the Hands of the Rector, Vicar, or Curate, and Captain of the Parish, and High Bailiff of the District in which such Party or Parties may reside, or any Two of them, for which Certificate a Fee of Sevenpence only shall be paid. Provided also, that the Governor or Lieutenant-Governor of the said Isle for the Time being, may upon good Cause shewn, withhold, withdraw, or revoke any such Licence, or may grant such Licence at his Discretion, without the Sanction aforesaid, upon special Application and good Cause shewn in open Court in Presence of Parties.

[480] And be it further enacted by the Authority aforesaid, That from or out of the Sum or Duty payable for and in respect of each and every Licence to be issued in Pursuance of this Act, the Sum or Fee of one Shilling and Twopence shall be payable and paid to the Governor's or Lieutenant-Governor's Secretary for the Time being; the Sum of Sevenpence to the Clerk of the Rolls; and the Sum of one Shilling and Ninepence to the House of Keys for the Purpose of repairing or improving the House wherein the Keys assemble on public Business, and for such other Purposes as the House of Keys may in their Discretion order and direct; and that the Residue and Remainder of the Sum or Duties arising and to arise from the said Licences, shall be payable and paid into the Hands of the Clerk of the Rolls, as a Fund to be applied in Making, Repairing, and Amending the Highways and Bridges within, the said Isle, in such Manner as shall from Time to Time be ordered and directed by the Committee of Highways for the Time being, or a majority of them; and that the Fines and Forfeitures aforesaid shall be paid and applied as follows, viz. One-half to the Informer, and the other Half into the Hands of the Clerk of the Rolls, to be added to the said Fund for Making, Repairing, and Amending of Highways and Bridges.

And whereas, by the said Act of Tynwald passed in the said Isle, in the Year of our Lord one thousand seven hundred and seventy-six, certain Sums or Duties therein mentioned are made payable by Persons having, keeping, or harbouring certain Descriptions of Dogs, in the said Act particularly mentioned, which said Sums are by the said Act directed to be applied for the Purpose of Making, Repairing, and Amending of Highways and Bridges within the said Isle. And whereas, it is thought expedient to Increase the Impost or Duty upon the Keepers, Owners, and Harbourers of Dogs, and impose certain other Duties as hereinafter described: Be it further enacted, by the Authority aforesaid, That from and after the tenth Day of October next ensuing the Promulgation of this Act, that Part of the said Act of Tynwald passed in the Year of our Lord one thousand seven hundred and seventy-six, respecting the said Impost or Duty upon Dogs be repealed; and that from and after the tenth Day of October next ensuing the Promulgation of this Act, all and every Person or Persons within the said lsle, having, keeping, or making Use of any Greyhound, Half-bred or Mungrel Greyhound, or Lurcher, or any Dog [481] fit for, or that shall be made Use of for the Purpose of Coursing, shall yearly and every Year pay the Sum or Duty of two Pounds and nine Shillings for each and every such Dog. And that all and every Person or Persons within the said Isle, having, keeping, or making Use of any Setting Dog or Pointer, or any Land or Water Spaniel, for Pointing, Setting, or Shooting, or any Dog fit for, or that shall be made Use of for any of the said Purposes; or any Bull Dog, or Half-bred or Mungrel Bull Dog; or any Bloodhound, or Half-bred or Mungrel Bloodhound, shall yearly and every Year pay the Sum or Duty of one Pound four Shillings and Sixpence for each and ever such Dog; and that all and every Person or Persons having, keeping, harbouring, or making Use of as aforesaid, any Hound, Beagle, Terrier, or other Dog, fit and proper for Hunting, or which shall be made Use of for that Purpose, shall pay yearly and every Year the Sum of seven Shillings for each and every such Dog: and that all and every such Person or Persons, having, keeping, or harbouring any other Dog or Dogs whatsoever, not used for Diversion, or not fit for pursuing of Game, shall yearly and every Year pay the Sum or Duty of two Shillings and Elevenpence for each and every such Dog.

And whereas several temporary Acts of Tynwald have been heretofore passed in the said Isle for the Regulation of Hawkers, Pedlars, and Chapmen, which Acts are now expired : Be it further enacted by the Authority aforesaid, That from and after the tenth Day of October next ensuing the Promulgation of this Act, no Hawker, Pedlar, Petty Chapman, or any other Trading Person going from Town to Town, or House to House, for the Purpose of exposing Goods, Wares, or Merchandize for Sale, shall be allowed so to expose for Sale any Goods, Wares, or Merchandize, excepting Fish, Fruit, and Victuals, and excepting Articles the Produce and Manufacture of this Island, unless he or she shall have obtained a Licence from the Governor or Lieutenant-Governor of the said Isle for the Time being, for that Purpose, for which Licence he or she shall pay the Sum of four Pounds eighteen Shillings; four Pounds sixteen Shillings and Threepence whereof to be paid into the Hands of the Clerk of the Rolls, to be added to the Fund for Repairing and Amending of the Highways and Bridges; one Shilling and Twopence to the Governor's or Lieutenant-Governor's Secretary for the Time being; and the remaining Sevenpence to the Clerk of the Rolls, Who shall register and [482] keep an account of such Licences. And that any Person so exposing for Sale, Goods, Wares, or Merchandize, without such Licence, contrary to the true Intent and Meaning of this Act, shall incur a Fine or Penalty of ten Pounds for each and every Offence, to be paid and applied as follows: That is to say, One-half to the Informer, and the other Half to the Clerk of the Rolls, to be added to the said Fund for Making, Repairing, and Amending of Highways and Bridges; and that on Information made, in Writing, supported by Affidavits, it shall and may be lawful for a Deemster or Bailiff to issue his Warrant to apprehend and imprison in Castle Rushen any Person so exposing Goods, Wares, or Merchandize, without a Licence, contrary to the Provisions of this Act, and order his or her Packs, Wares, or Merchandize to be secured; and that the Offender shall so remain a Prisoner until he or she he discharged by the Governor or Lieutenant-Governor for the Time being, on paying the said Fine with Costs, or giving Security for the Payment of the same, on Conviction before the Governor or Lieutenant-Governor as herein provided; and that such Goods, Wares, and Merchandize be detained until the said Fine be paid or Security be given for the Payment of the same.

And be it enacted, That such Licences shall be issued yearly between the tenth of October and the first Day of November in each Year, and at such other Times as may be ordered occasionally by the Governor or Lieutenant-Governor for the Time being, and shall continue in Force until the first Day of November next after the Date of such Licences and no longer. And that every such Hawker and Pedlar shall have his Name and the Words "Licensed Hawker and Pedlar," affixed in legible Characters upon his Pack or Box, under a Penalty of ten Shillings for each and every Default.

And be it further enacted by the Authority aforesaid, That from and after the tenth Day of October next ensuing the Promulgation of this Act, every Person keeping one or more than one Cart, Car, or Dray, shall for and in respect of every Cart, Car, or Dray which he May so keep and use, send one sufficient Cart and one able and sufficient Horse and Driver, one Day in each and every Year to be employed in Making, Repairing, and Amending the Highroads and Bridges of this Isle, at the Requisition and under the Direction of the Parochial Surveyor of the District in which the Proprietor or Person keeping and using such Cart, Car, or Dray may re- [483] side, in like Manner as is prescribed for the Performance of Parochial Labour, in and by an Act of Tynwald passed in the Year of our Lord one thousand seven hundred and seventy-six; and that any Person keeping and using more than one Cart, Car, or Dray, shall be obliged at the Option of the Parochial Surveyor aforesaid, to send a double Cart or Car, with two able and sufficient Horses and one Driver in lieu of two such single Carts: Provided that Nothing herein contained shall exempt any such Person from the Performance of the Highroad Labour heretofore and already established by Law.

And whereas the Mode pointed out by the said Statute of one thousand seven hundred and seventy-six, for the Punishment of Persons neglecting to perform their Parochial Labour, has been found defective and insufficient : Be it further enacted, That in case any Person or Persons, after having received two Days Notice from the Parochial Surveyor, shall neglect or refuse to perform the said Statute Labour, or the additional Labour created by this Act, that the said Parochial Surveyor shall thereupon forthwith make Presentment of such Default, and cause the Party to be summoned before a Deemster: and that the Party so offending, shall, upon Conviction, be fined in the Sum of one Shilling and Ninepence for each and every Labourer so neglecting to attend and perform such Labour; and in the Sum of four Shillings and Eightpence for each and every Default in not sending such single Cart, Horse, and Driver; and in the Sum of eight Shillings and Twopence for each and every Default in not sending such double Car or Cart with two Horses and Driver; and that such Defaulters shall be ordered to be imprisoned until such Fine with the Costs of Suit be discharged; which Fines shall not be construed, deemed, or taken to be in Satisfaction of such Labour, but that such Defaulters shall at all Times afterwards be liable to be again noticed to perform such Labour, and shall be liable to be fined in Manner aforesaid for every subsequent Default in not performing the same; and that the Parochial Surveyor shall make a Return of and Account for the Fines aforesaid in their annual Accounts.

And be it further enacted by the Authority aforesaid, That from and after the tenth Day of October next ensuing the Promulgation of this Act, every Person keeping and using a wheeled Carriage, supported by or hung upon Springs, shall yearly and every Year pay an Impost or Duty of five [484] Shillings and Tenpence for each and every Wheel of such Carriage, to be collected by the Parochial Surveyor, and added to the Highroad Fund.

And whereas the unlawful Practice has lately prevailed for Surveyors of Highroads to receive Money in lieu of the Statute Labour due from Individuals on account of their respective Lands and Houses, engaging to provide Labourers and to pay for the same; and whereas such Practice has a manifest tendency to Collusion, be it enacted, that such Commutation or intermediate Agency of such Surveyor shall subject him and the Party with whom he may so commute the said Highroad Labour to a Fine of ten Shillings each for every such Offence, to be recovered at the Suit of the Committee of Highways, and paid into the Hands of the Clerk of the Rolls, and added to the said Fund for Making, Repairing, and Amending of Highways and Bridges.

And whereas the Practice of excavating Ditches or Trenches within the Fences of the public Highways, is in most Cases not only useless but dangerous: Be it therefore enacted, by the Authority aforesaid, That where a Trench is deemed necessary for carrying off the Water from the adjoining Lands or Highroads, such Trench shall, in all practicable Cases, be made on the Field-side of the Fence of the Road, and that the Site of the present Trenches shall be considered as a Part of the Highroad: Provided always, that the Breadth of such Highroad from Fence to Fence shall in no Case exceed ten Yards, without the special Direction of the Tynwald Court on good Cause shewn.

And be it enacted, by the Authority aforesaid, That the Committee of Highways for the Time being, shall be, and they are hereby authorized and empowered to raise by way of Loan, upon Security of the aforesaid Funds, any Sum or Sums of Money which it may be thought expedient to raise, and shall be resolved or ordered by a Tynwald Court from Time to Time for the Making, Repairing, and Amending of the Highways and Bridges aforesaid, upon such lawful Interest as may be agreed upon; and all and every such Sum or Sums of Money so borrowed upon the Security of the aforesaid Funds, shall be paid, applied, and disposed of to and for the Making, Altering, and Repairing of the said Highways and Bridges, in such and the like Manner as the said Funds are directed to be paid, applied, and disposed of; and that the Principal and Interest of such Loans as and when the same shall become payable, shall be payable and [485] paid from and out of the said Funds. And that the Committee, or a Majority of them, shall have it in their Power, at their Discretion, to assign, allow, and appoint to the Proprietors of Land situate near to any new Highway, to be made a Byeway or Road to the said Highway, not exceeding six Yards in Breadth, such Proprietors well and sufficiently enclosing such Byeway or Road, and making such Compensation for. the same to the Owner or Owners of the Lands through which the said Byeway or Road may be directed as aforesaid, as the Committee in their Judgment shall think proper to allow; provided that the same be not directed through any House, Garden, Orchard, Yard, Avenue, or Plantation, adjoining or near unto any Dwelling House; and that it shall also be in the Power of the said Committee, or a Majority of them for the Time being, to contract with any Person or Persons for the repairing or keeping in Repair of any particular Line of Road, and to assign and appoint to any such Person or Persons any Portion or District of the Parochial Highway Labour and of the Highroad Labour created by this Act, on account of such Contract, with full Powers to enforce the Payment or Performance of such Parochial Labour.

And be it further enacted by the Authority aforesaid, That the Orders and Proceedings of the Committee of Highways for the Time being, shall be subject to be revised, altered, amended, and revoked by the Governor, Council, Deemsters, and Keys in Tynwald assembled, whose Order therein shall be final and not liable to Appeal.

And be it further enacted by the Authority aforesaid, That from and after the Promulgation of this Act, the Drivers of Carts, Cars, Drays, and other Carriages, upon or through any Highway or common Street, shall drive the same, on the Left-hand Side, in case of Meeting with any Cart, Car, Dray, or Carriage. on Pain of forfeiting and paying for every Default a Fine of ten Shillings; One-half to be paid to the Informer, and the other Half to be paid into the Hands of the Clerk of the Rolls, to be added to the Highway Funds and disposed of accordingly. And that the Owners as well as Drivers of Carts, Cars, Drays, and other Carriages, taking the wrong Side of the Road, shall be liable to such Damages as may be occasioned to any other Person or Persons by reason of the same.

And be it further enacted by the Authority aforesaid, That from and after the Promulgation of this Act, if the Driver of [486] any Cart, Car, or Dray, drawn by two or more Horses, shall ride upon such Cart, Car, or Dray, in or through a Market Town or Village; or if the Driver of any Cart, Car, or Dray, drawn by one Horse only, without having proper Reins in Hand to guide such Horse, shall ride upon such last mentioned Cart, Car, or Dray, in or through a Market Town or Village; and if the Driver of any Cart, Car, or Dray, drawn by two or more Horses, shall drive such Cart, Car, or Dray, upon any public Highroad without having proper Reins or Lines to guide such Horses, every such Driver so offending shall be subject to a Fine of ten Shillings; One-half to he paid to the Informer, and the other Half to be paid into the Hands of the Clerk of the Rolls, to be added to the Highway Fund, and disposed of accordingly.

And be it further enacted by the Authority aforesaid, That every Cart, Car, and Dray shall be inscribed with the Name of the Owner or Keeper of the same, together with the Parish or Town where he resides, painted in white Letters not less than one Inch in Length, on a black Ground, upon the near or left Side of the Body of the same, under the Penalty of ten Shillings for every Default; One-half to go to the Informer, and the other Half to be added to the Highroad Fund: and that the said several Fines of ten Shillings, shall be recoverable and are hereby directed to be recovered before a Deemster or High Bailiff, at the Suit of the Parochial Surveyor of the District in which the Offence is committed; save and except where the same is herein before provided to the contrary. And that all other Fines and Forfeitures created and made payable by this Act, shall be prosecuted for and recovered by the Directions and in the Name of the Committee of Highways, before the Governor or Lieutenant-Governor for the Time being: Provided that in all Cases where any Person shall be imprisoned for Non-Payment of any of the Fines and Forfeitures aforesaid, that such Person shall not be liberated, before he or she shall have paid the said Fine, or until he or she shall have undergone Imprisonment for three Calendar Months.

And whereas the Inhabitants of Market Towns in the said Isle, are subject to the Burthen of Paving the Streets in the said Towns, in respect of their Houses and Tenements within the same; and are also bound in respect of such Houses and Tenements to perform their Parochial Labour to the Highways, which is found in many Instances to bear hard on Individuals: Be it therefore further enacted, [487] by the Permission and Authority aforesaid, That the Committee of Highways or a Majority of them, shall upon Application made to them for that Purpose, grant such Aid, Relief, and Indemnity from and out of the Highway Fund or otherwise, in case of Individual Hardship, as they shall judge proper, upon Consideration of the Circumstances of the Party and the Nature of the Case.

And whereas the Limits of all Towns are liable to change from the Decay or Increase of their Buildings, and Doubts and Disputes may arise in consequence: Be it enacted, That it shall and may be lawful for the High Bailiff of a Town jointly with the Committee of Highways, to determine from Time to Time the Limits and Boundaries of such Town by written Order under their Hands, which shall be recorded in the Office of the Clerk of the Rolls, and an official Copy thereof shall be hung up in some conspicuous Place in the Office or Court-Room of the said High Bailiff; and the Limits so ordered shall be deemed and taken to be the Limits and Boundaries of the said Town for all Purposes whatsoever.

And he it enacted, That every Parochial Surveyor appointed or to be appointed after the Promulgation of this Act, shall enter into a Bond at the Rolls Office, with two good and sufficient Sureties, in the Sum of one hundred Pounds to the Committee of Highways for the Time being, and their Successors in Office, conditioned for the faithful Conduct of such Surveyor, the Discharge of his Duties according to Law, and the forthcoming of such Monies as he may obtain or possess himself of, in Virtue or Colour of his Office; and that the Penalties of such Bonds when recovered, shall be paid into the Hands of the Clerk of the Rolls, and be added to the Highway Fund; and that the Committee of Highways shall have Power to remunerate such Parochial Surveyors at their Discretion with any Sum not exceeding two Shillings and Elevenpence for each Day's Attendance to their Duty as Parochial Surveyors.

And be it further enacted, That the said Sums, Imposts, and Duties payable under this Act for Dogs and Carriages, are to be collected and received by the Parochial Surveyor or Surveyors of the Highways in each Parish, between the first Day of September and the first Day of March in each and every Year; and that the said several Parochial Surveyors, shall make out a regular, true, and particular Account in Writing, of such Dogs and Carriages, and by whom kept [488] severally and respectively; and a like Account of the Highroad Labour created by this Act, and of the Highroad Labour performable under the said Act of Tynwald, passed in the Year one thousand seven hundred and seventy-six, and by whom performable, together with an Account of the Application of the same; which Accounts shall be countersigned by the Surveyor General of the Parish or District, if such there be, and shall be annually given into and received by the Clerk of the Rolls for the Time being, between the twenty-fifth Day of June and the fifth Day of July, with such Sums, Imposts, and Duties as shall be levied and collected by the said Parochial Surveyors; who are thereupon to be paid for their Trouble in collecting and paying the same, the Sum of one Shilling out of the Pound out of such Money, the Remainder whereof shall be added to the said Fund for Making, Repairing, and Amending of Highways and Bridges, and disposed of accordingly. And in case any Doubt or Dispute shall arise concerning the levying and collecting the said several Sums so ordered to be paid on account of such Dogs and Carriages, the same shall be heard and finally determined by or before a Deemster or High Bailiff, according to the Amount of the Sum in Dispute, who may grant an Order for the Imprisonment of the Party until such Sum or Sums be paid, with Costs: and that the Clerk of the Rolls and the Committee of Highways or a Majority of them for the Time being, shall yearly and every Year between the twenty-fifth Day of June and the fifth Day of July, audit the said Parochial Surveyors' Accounts, and the general Accounts of the said Highroad Fund, and lay the same before the next Tynwald Court; and on the said Accounts being approved and passed, the same shall by Order of the said Court, be published in one or more of the Insular Newspapers, for the Information and Satisfaction of the Public; and that it shall and may be lawful for the said Committee to nominate and appoint a Clerk for the Purpose of keeping a regular Record of their Accounts, Orders, and Proceedings, to be returned into the Office of the Clerk of the Rolls before the first Day of July in each Year, and for the Purpose of communicating their Orders and otherwise acting under their Directions in the Execution of their public Duty; and that it shall and may be lawful for them to remunerate the said Clerk from the Highroad Fund with a Salary not exceeding ten Pounds annually; and that it shall and may be lawful for the said [489] Committee to apply such Portion of the said Funds as may be requisite for the purchase of Stationary for the publishing of their Accounts and other incidental Disbursements of a similar Nature.

And be it further enacted by the Authority aforesaid, That as soon as may be after the first day of November next after the Promulgation of this Act, the Clerk of the Rolls shall cause a List of the several Persons who shall have obtained Licences to sell and retail Wine, Spirits, and Ale, and keep Public Houses, and of the several Persons who shall have obtained Hawkers' or Pedlars' Licences, to be published once in one or more of the Insular Newspapers, at the Expence of the Highroad Fund, and such List shall continue to be so published once, after the first Day of November in each and every Year.

And be it further enacted by the Authority aforesaid, That the felonious and false making, forging, counterfeiting, or altering, or causing or procuring to be made, forged, counterfeited, or altered, or the willingly acting or assisting in the false making, forging, counterfeiting, or altering any Licence of the Governor or Lieutenant-Governor for the Time being, to be issued in Virtue of this Act, or the felonious uttering or publishing as true any such false, forged, counterfeited, or altered Licence, with Intent to avoid the Payment of the Sum or Duty payable for and in respect of such Licence, shall be held to be Felony and Forgery, and punishable in like Manner as it is provided in the Case of Forgery, in and by an Act of Tynwald passed in the Year of our Lord one thousand eight hundred and seventeen.

And be it further enacted by the Authority aforesaid, That this Act shall commence and take Effect from the tenth Day of October next ensuing the Promulgation thereof, and shall continue and be in Force for the Term and Space of five Years thereafter and no longer.

At a Tynwald Court holden at St. John's Chapel the 29th Day of December, in the Year of our Lord 1819.

The before written Act of Tynwald, intituled, "An Act for the better Making, Repairing, and Amending of Highways and Bridges," having received the Royal Assent at the Court at CarIton House, the sixth Day of October, in the Year of our Lord one thousand eight hundred and nineteen, present, his Royal Highness the Prince Regent in Council, the said Act was this Day promulgated and published on the Tynwald Hill, according to the ancient Form and Custom within the said Isle; as witness our Subscriptions:—

Examined by THOMAS STOWELL, C.R.

[491]

ISLE OF MAN, to Wit.

An Act to provide for the Commencement and taking Effect of certain Provisions of an Act of Tynwald passed by the Legislature of the said Isle, at a Tynwald Court holden the 5th Day of July, one thousand eight hundred and nineteen, intituled, "An Act for the better Making, Repairing, and Amending of Highways and Bridges."

Whereas in and by the said Act for the better Making, Repairing, and Amending of Highways and Bridges, certain Provisions of the said Act are declared to commence and take Effect from and after the tenth Day of October next ensuing the Promulgation of the said Act. And whereas the said Act was transmitted to be laid before his Royal Highness the Prince Regent, for the Royal Sanction and Confirmation; and having received the Royal Sanction and Confirmation, the said Act has been returned to the said Isle, but did not arrive therein until the thirteen of October, one thousand eight hundred and nineteen, so that the same could not be promulgated before the tenth Day of October aforesaid. And whereas it was expected and understood at the Time of passing the said Act, that the same would be promulgated before the said tenth Day of October, one thousand eight hundred and nineteen; and that the Provisions of the said Act, which were to commence and take Effect from the tenth Day of October next ensuing the Promulgation of the said Act, should and would take Effect from the tenth Day of October, one thousand eight hundred and nineteen. And, whereas much Inconvenience would ensue, in Case the Commencement and taking Effect of the said Provisions of the said Act, were postponed beyond the Time originally intended:

We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant-Governor, Council, Deemster, and Keys of the said Isle, in Tynwald assembled, do humbly be- [492] seech your Majesty, that it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the Advice of the Lieutenant-Governor, Council, Deemster, and Keys of the said Isle, and by the Authority of the same, That the several Provisions of the said Act of Tynwald which are therein and thereby declared to commence and take Effect from and after the tenth Day of October next ensuing the Promulgation of the said Act, shall commence and take Effect from the tenth Day of October, one thousand eight hundred and nineteen, in such and the like Manner to all Intents and Purposes as if the said Act had been promulgated before the said tenth Day of October, one thousand eight hundred and nineteen: Provided, nevertheless, that Nothing herein contained shall extend or be construed to extend to subject any Person or Persons to any Penalty or Forfeiture for any Act done between the said tenth Day of October, one thousand eight hundred and nineteen, and the Promulgation of this Act.

At a Tynwald Court holden at St. John's Chapel the 29th Day of December, in the Year of our Lord 1819.

The before written Act of Tynwald, intituled, "An Act to provide for the Commencement and taking Effect of certain Provisions of an Act of Tynwald, passed by the Legislature of the said Isle, at a Tynwald Court holden the fifth Day of July, one thousand eight hundred and nineteen, intituled, "An Act for the better Making, Repairing, and Amending of Highways and Bridges," having received the Royal Assent at the Court at CarIton House, the 3d of December, 1819, present, his Royal Highness the Prince Re- [493] gent in Council, the said Act was this Day promulgated and published on the Tynwald Hill, according to the ancient Form and Custom within the said Isle, as witness our Subscriptions:

ISLE OF MAN, to Wit.

An Act for the better enforcing of Common Judgments and Executions, and for altering and amending the Law relative to Bail to Actions of Debt or Damage, and for the Relief of Insolvent Debtors in the said Isle.

Whereas the Remedies provided by the Law of the said Isle for Recovery of Debts under Common Judgment and Execution, are found not to be sufficiently coercive; We, your Majesty's most dutiful and loyal Subjects, the Lieutenant-Governor, Council, Deemsters, and Keys of the said Isle, do humbly beseech your Majesty, that it may be enacted, and be it enacted by the King's Most Excellent Majes- [494] ty, by and with the Advice and Consent of the Lieutenant-Governor, Council, Deemsters, and Keys in Tynwald assembled, and by the Authority of the same, That from and after the. Promulgation of this Act, in all Cases where sufficient Property and Effects cannot be discovered by the ordinary Mode of Procedure, to satisfy any such Judgment and Execution as aforesaid, to be granted by any Court, Judge, or Magistrate of the said Isle, for any Cause of Action which shall or may arise after the Promulgation of this Act, it shall and may be lawful to and for such Court, Judge, or Magistrate, and he and they is and are hereby authorized and required upon hearing of Parties, to order the Defendant or Debtor, unless he or she shew good Cause to the contrary, to be imprisoned in the common Jail, there to remain until he or she be discharged therefrom in Manner hereinafter mentioned; and thereupon such Defendant or Debtor so imprisoned, shall be at Liberty to prefer a Petition to the Chancellor of the said Isle for the Time being, praying to be discharged from such Imprisonment; which Petition shall be ordered to be heard in the ordinary Way of hearing Petitions by or before the Court of Chancery of the said Isle, and with all convenient speed; and that upon such Debtor making, and rendering a full, true, and particular Account, upon Oath, of all and singular his or her Property, of what Kind or Nature soever, to the Satisfaction of the said Court, and surrendering and giving up such Part of the same as is or may be by the Laws of the said Isle liable to be Sold for the Payment of Debts, for the Benefit of his or her Judgment Creditor or Creditors, as hereinafter provided, the said Court shall thereupon order that such Debtor be discharged from his or her Imprisonment aforesaid : Provided nevertheless, that the future Property and Effects of such Debtor shall at all Times thereafter be liable to or for the Amount of such Judgment or Execution, or so much or such Part thereof as may remain unsatisfied, unless such Debtor be freed or discharged from the same by Order of a Tynwald Court, upon special Application made for that Purpose.And be it further enacted, That in case any Person imprisoned as aforesaid, shall be possessed, of or entitled unto any Lands of Inheritance, not liable to be Sold for the Payment of his or her Debts, such Person shall not be entitled to his or her Discharge from Imprisonment, until he or she do execute a Mortgage, chargeable upon such Lands of Inhe- [495] ritance, for the full Amount of such Prisoner's Debts for which Judgments shall have been obtained and lodged in the Hands of the Gaoler previous to such Prisoner obtaining his or her Discharge, and which Mortgage shall be granted in the Name or Names of a principal Creditor or Creditors of such Prisoner, in Trust for the Benefit of the Whole of such Judgment Creditors, and shall set forth the Names of, and the Amount of Debts due to such Creditors respectively; and in Case any Dispute shall arise as to the Nomination of the Creditor or Creditors to whom such Mortgage shall be executed, the same shall be decided by a Majority in Number and Value of such Creditors: Provided that such Mortgage shall not destroy or invalidate the Executions or Judgments against the Debtor or Debtors, but that the same may at all Times be enforced in such and the like Manner as if no such Mortgage had been granted: Provided that in Case any such Mortgage shall afterwards be assigned or paid off, the Receipt of each of the said Creditors interested therein, or of such Persons as legally represent such Creditors, shall be deemed necessary to cancel such Mortgage, or to render such Assignment thereof valid: Provided that in Case any Difficulty shall or may arise as to procuring any such Receipt to cancel or assign such Deed, that then and in such Case the Sum or Sums for which such Receipt or Receipts cannot be obtained, shall be deposited with the Clerk of the Rolls for the Use of the Person intitled to the same; and the Receipt of such Clerk of the Rolls shall be sufficient to cancel or assign such Deed.

And be it further enacted, That no Priority or Preference of Payment shall be allowed for or in respect of any Execution or Executions on the sole Ground of being first executed, unless such Execution or Executions shall have been granted in a Cause called in open Court, and shall have been in the Hands of the Coroner or Lockman to be executed twenty-one Days at the least before any other Execution against the Debtor or Defendant shall have been subsequently placed in the Hands of the said Coroner or his Lockman to be executed: Provided that Nothing herein before contained shall extend or he construed to extend to affect any Debt, Forfeiture, or other Due belonging to the Crown, or any Debt or Demand having a Preference of Payment by the Law of the said Isle.

And whereas the present Mode of Bail to Actions of Arrest for Debt or Damage requires Amendment: Be it en- [496] acted, by the Authority afore-said, That the Defendant, to any such Action shall only be held to Bail to stand Trial and fulfil the Decree or Judgment to be made upon the Action, or to surrender himself or herself a Prisoner under the same; and in Default thereof, that the said Bail shall be liable to satisfy the Decree or Judgment in the Place and Stead of such Defendant. And that in all Actions where the Defendant's Property shall be attached or arrested, the said Property shall be discharged from such Arrest or Attachment, upon Bail being given that the said Property shall be forthcoming to Answer the Decree or Judgment which shall or may be made upon such Action; and in Default thereof that the said Bail shall be liable to satisfy such Decree or Judgment. And if any Doubt should arise whether the Property so arrested and given up upon Bail has been fully and duly rendered in Discharge of the Bail, the Burden of the Proof in such Question shall be upon the Bail.

And be it further enacted, That no Action of Arrest shall be granted against any Person for any Sum of Money under forty Shillings, unless Affidavit shall be made to the said Debt, and that the Plaintiff is apprehensive that such Person is about to depart the said Isle.

And whereas an Act of Tynwald was passed in the fifty-fourth Year of his late Majesty's Reign, for the Relief of Insolvent Debtors in the said Isle; which Act has expired; and it being deemed inexpedient to renew the same, it is therefore found necessary to make other Provisions for the Relief of Insolvent Debtors in the said Isle: Be it therefore enacted, by the Authority aforesaid, That it shall be lawful for the Governor or Lieutenant-Governor, Council, and Keys of the said Isle, in Tynwald assembled, from Time to Time as they shall judge expedient, and at such Time and Place as the Governor or Lieutenant-Governor for the Time being shall think proper to appoint, to take into Consideration the several Case and Cases of all and every Person and Persons who have been or may be imprisoned in the said Isle upon any Process whatever, for any Debt, Damage, Costs, Sum or Sums of Money, or Contempt for Non-Payment of Money; and upon such Person or Persons severally making a full, true, and particular Disclosure upon Oath, and in Writing, of all his, her, or their Property, real and personal, in Possession, Reversion, Remainder, or Expectancy, of every Nature and Kind whatsoever, which such Prisoner, or any other Person or Persons in Trust for such Prisoner, or for his [497] or her Use, Benefit, or Advantage, in any Manner whatsoever, shall have been or shall be seized or possessed of or intitled unto, or which such Prisoner or any Person or Persons in Trust for him or her, or for his or her Benefit, shall have had or shall have any Power to dispose of or charge for the Benefit or Advantage of such Prisoner, to the Satisfaction of the said Tynwald Court, and making a Surrender or Transfer of the Same for the Benefit of his, her, or their Creditors, in such Manner and Form as the said Tynwald Court shall direct, it shall and may be lawful to and for the said Tynwald Court to order such Person or Persons to be discharged from Imprisonment in respect of such Debt or Debts; and also to make such Order for the absolutely freeing and discharging such Debtor or Debtors, and his, her, or their future Property and Effects, from all or any of the Debts then due or owing by such Debtor or Debtors to any Person or Persons who shall be made legal Parties before the said Court, or for making such Debtor or Debtors, or his, her, or their future Property and Effects, liable to the said Debts or any Part of the same, as the said Tynwald Court shall ill their Discretion think proper to order; which Order shall not be open to Appeal, but may be revised and altered upon further Hearing by and before the said Tynwald Court, upon good Cause shewn.

And that it shall be in the Power of the said Tynwald Court, to make and appoint such Rules and Regulations, from Time to Time, as to the Manner and Form of carrying this Act into Execution, in all Matters to be brought before them by Virtue of this Act, as the said Tynwald Court shall think proper and expedient, and also to alter and amend such Rules and Regulations, from Time to Time, at their Discretion Provided, that Nothing herein contained shall extend to impower the said Tynwald Court to Discharge any Prisoner with respect to any Debt or Penalty with which he shall stand charged at the Suit of the Crown, or with respect to any Offence committed against any Law respecting the Customs or any other Branch of the public Revenue.

And be it further enacted, That if any Person or Persons shall wilfully forswear and perjure himself, herself, or themselves, in any Oath to be taken under this Act, and shall be lawfully convicted thereof, he or they so offending shall suffer such Punishment as by Law may be inflicted on Persons convicted of wilful and corrupt Perjury.

[498] And whereas the Provisions made by an Act of Tynwald passed in the Year of our Lord one thousand seven hundred and seventy-seven, for the Maintenance of Insolvent Debtors in Jail, is found to be in some Instances insufficient : Be it enacted, by the Authority aforesaid, That instead of the Allowance made by the said Act of Tynwald of one thousand seven hundred and seventy-seven, for the Maintenance of Insolvent Debtors in Jail, the Allowance in Future shall be any Sum not exceeding the Sum of Sevenpence per Day, and may be allowed as well before as after Judgment passed against the Debtor, at the Discretion of the Chancellor; and that the said Act of Tynwald, so far as concerns the Maintenance of Insolvent Debtors in Jail, do in every other respect remain unaltered.

At a Tynwald Court holden at St. John's Chapel, the 1st Day of November, in the Year of our Lord 1820.

The before written Act of Tynwald, intitled, "An Act for the better enforcing of Common Judgments and Executions. and for altering and amending the Law relative to Bail to Actions of Debt or Damage, and for the Relief of Insolvent Debtors in the said Isle," having received the Royal Assent, at the Court at CarIton House, the 20th of October, 1820, Present, the King's Most Excellent Majesty in Council, the said Act was this Day promulgated and [499] published on the Tynwald, according to the ancient Form and Custom within the said Isle, as witness our Subscriptions

Examined by Wm. W. CHRISTIAN, Asst. C.R.

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