[From Lex Scripta, 1819]

Isle of Man

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to wit

An Act for the more easy Recovery of Debts, contracted out of the Limits of the Isle of Man.

Whereas, by an Act of Tynwald, promulgated in the said Isle, in the Year of our Lord one Thousand seven Hundred and Thirty-seven, it is amongst other things enacted and provided, 'That any Person prosecuted in this Island for a Foreign Debt, by any Action of Arrest in the Court of Chancery, shall, for the future, be held to Bail only for his Personal Appearance to such Action, and for the forthcoming of what Effects he hath within this Island, to answer the 'Judgment upon the same.' And whereas it is expedient that Foreign Debts shall be recoverable in the said Isle in such and the like manner as Debts contracted within the same ; We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant-Govemor, 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 after the Promulgation of this Act, all Debts contracted out of the Limits of the Isle of Man, shall be recoverable in the said Isle, in such and the like manner, to all Intents and Purposes, as if such Debts had been contracted between the same Parties, within the limits of the said Isle. Provided always, that nothing hereinbefore contained shall extend, or be construed to extend, to affect any Person, who at the time of the Promulgation of this Act, shall have been usually resident within the said Isle, for and during the Space of six Months immediately preceding the Day of the Promulgation thereof, or who hath been usually resident within the said Isle for one Year before the commencement of the said six Months, and who hath departed the said Isle in the Service of Government, Civil or Military, with an Intention to return to the said Isle, as the Place of his Abode; save and except as to all Cases of Debts or Penalties due to the Crown, and as to all Cases of Persons who have fled from their Bail, in any part of Great Britain or Ireland, leaving such Bail charged or chargeable there; and also, save and except as to all Cases of Persons who have committed Offences aaainst the Bankrupt Laws of Great Britain or Ireland. And whereas it would tend still further to facilitate the recovery of Foreign Debts, if the Orders, Judgments, and Decrees of the Courts of Great Britain and Ireland were to be recognized in the Courts of the Isle of Man. Be it therefore further enacted, by the Authority aforesaid, that in all Cases where any Order, Judgment, or Decree, shall have been pronounced against any Person or Persons, in any Action or Suit, in any of the Courts of Great Britain or Ireland, for the Payment of any Debt, Damage, Costs, Sum or Sums of Money, it shall and may be lawful for the Court of Chancery of the Isle of Man, upon the production of an Office Copy of such Order, Judgment, or Decree, and upon such Affidavit or Aflidavits being made as required by the Law of the said Isle, in order to obtain an Action or Process of Arrest, to issue and grant the usual Action or Process of Arrest against such Person or Persons, as aforesaid ; and that such Office Copy of such Order, Judgment, or Decree, as aforesaid, shall be deemed prima facie Evidence of the Debt or Damage therein mentioned, upon the Trial and final Hearing of such Action.-Signed by the Lieutenant-Governor, Officials, and twenty-four Keys.


 

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