[from Mills' Statutes, 1821]

INSULA MONAE.

At a Court holden at Castle Rushen the 20th day of October, in the Year of our Lord one thousand seven hundred and fifty-seven, before the Honourable Basil Cochrane, Esquire, Governor, the Council, Deemsters, and twenty-four Keyes of the said Isle.

An Act for the Removeal and Rebuilding of the Parish Church of Kirk Arbory.

Whereas the Parish Church of Kirk Arbory is in a ruinous condition and too small and incommodious for the Congregation to the great inconveniency of the severall Inhabitants of the said Parish, who are desirous for the Reasons aforesaid, and also to avoid the Indecency and Nuisance of having Funerals and Interments in the Body of their Church, and have therefore by Petition prayed that they may have an Act of Tynwald to enable them to take down the said old Church, and instead thereof to build a decent and convenient Church on the North Side of the said old Parish Church, and within the Precincts of the Church-yard thereunto belonging, pursuant to the Resolution and Recommendation of the Governor, Council, Deemsters, and Keys for that Purpose, dated the twenty-seventh Day of May one thousand seven hundred and fifty-seven, and His Grace the Lord of this Isle having upon such Representation approved of so good and desirable a Work, be it ordered, ordained, and enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Council, Deemsters, and Keys, in this present Court assembled, and by the Authority of the same, That it shall and may be lawfull to and for the Viccar and Wardens of the said Parish of Kirk Arbory to take down the said old Parish Church, and to erect and build a new Church more commodious and convenient for the said Parish at the North Side of the said old Church, and within the said Church-yard as afforesaid: and further, that it shall and may be lawfull, for the said Viccar and Wardens to expend and lay out all charitable contributions to the said Work in the purchasing of Materials and the Building of the said Church and in case such Contributions shall not be sufficient to finish and compleat the said new Church, and the other necessary Work in and about the same, that then they shall and lawfully may consider of and conclude upon a general Assessment of the Parish according to the Proportions [326] formerly used and accustomed within the said Parish, all of which Receipts and Disbursements they the said Vicar and Wardens are to keep a full and fair Account, to be produced to the Right Reverend the Lord Bishop of this Isle when required; and the said new Church, when finished and consecrated, shall be called, esteemed, and taken as the Parish Church of Kirk Arbory, and as such to be supplyed, served, made use of, repaired, and amended from Time to Time for ever after as Occasion shall require. And be it further ordered and enacted by the Authority afforesaid, That no Manner of Person or Persons, upon any Pretence whatsoever, shall interr or cause to be interred any Corps in the Body of the said intended Church, but that the same shall be preserved from such Inconveniency and Nuisance for the future.

 

Basil Cochrane.

Jon. Taubman.

Dan. Mylrea.

Dan. Lace.

Jon. Quayle.

 

John Frissell,

The Keys.

Tho. Heywood,

Tho. Fargher,

Phi. Moore,

Edward Christian,

William Qualtrough,

Tho. Radcliff,

John Taubman,

William Cubbon,

Tho. Gawne,

William Stephenson,

George Moore,

Matth. Christian,

John Moore,

David Harrison.

John Clucas,

 

An Act for the Currency of Copper Pence and Halfpence.

Whereas upon the Scarcity of Brass Money and want of Change within this Island, it was the general Request and Desire that His Grace the Lord of this Isle would be pleased to supply this Defect by procuring a Coinage of Brass or Copper Money for the Use of this Island, and to be current here; and forasmuch as His Grace hath been pleased to comply with the said Request, and hath accordingly sent over two hundred and fifty Pounds in Copper Pence, and one hundred and fifty Pounds in Copper Halfpence, be it therefore ordered, ordained, and enacted by his said Grace James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Council, Deemster, and Keys, in this present Court assembled, and by the Authority of the same, That the above-mentioned Sums of two-hundred [327] and fifty Pounds in Copper Pence and one hundred and fifty Pounds in Halfpence shall at all Times after this Day be current and passable in Change within this Island (in all Receipts and Payments) for Pence and Halfpence as aforesaid according to the Currency of this Isle, and that the same shall be received at that Value into and paid out of His Lordship's Treasury at the same Value in Receipts for Rents and other Revenues, and in the paying out of Salarys and other necessary Disbursements. And it is further ordered, ordained, and enacted by the Authority aforesaid, That if any Person or Persons whatsoever shall he guilty of counterfeiting any of the said Pence or Halfpence, or be aiding or assisting therein, or in bringing into this Isle, or uttering or paying any such false or counterfeit Pence or Halfpence, knowing the same to be so, and be lawfully convicted thereof, such Person or Persons so offending and convicted as afforesaid shall be adjudged, deemed, and taken to be guilty of Treason, and suffer Death as a Felon; and all and singular his Lands, Tenements, Goods, and Chattels, shall excheat and be forfeited to His Grace the Lord of this Isle and his Heirs, as in case of Treason: And the better to find out whether there be any Counterfeits either made or carried into this Island, it is hereby further. ordered, enacted, and declared, That on the second Thursday in June in every Year all and every Person or Persons who shall have any of the said Copper Pence or Halfpence, or such other as is hereby declared and continued lawful and current Copper Coin in their Custody, shall bring in the same unto the Captain of their respective Parishes to be counted and reckoned by him, and an Account thereof to be returned by the said Captain unto the Governor, Deputy-Governors, or Receiver for the Time being what Quantity of the said Money is within the said several and respective Parishes; and if any Person or Persons shall fail or neglect to bring in what Pence or Halfpence he hath in his Custody to be counted and reckoned as afforesaid, such Person or Persons so neglecting shall be fined in twenty Shillings, besides other Punishment such as his Obstinacy or Neglect shall demerit: Provided always, and be it further enacted by the Authority afforesaid, That nothing herein contained shall impeach, prejudice, or invalidate the Currency of the Coinage of Pence and Halfpence Made and by Law established in the Year one thousand seven hundred and thirty-three; but the same shall be and is hereby continued current as formerly.

   

Basil Cochrane.

[328]

John Taubman.

Dan. Mylrea.

 

Dan. Lace.

Jon. Quayle.

   

John Frissell,

 

The Keys.

 

Tho. Heywood,

Tho. Radcliff,

 

John Clucas,

John Moore,

 

Philip Moore,

William Cubbon,

 

William Qualtrough,

John Taubman,

 

Tho. Gawne,

William Stevenson,

 

Matth. Christian,

Edward Christian,

 

Tho. Fargher,

George Moore.

 

David Harrison,

 

An Act for awarding Costs on litigious and vexatious Lawsuits.

Whereas many groundless and vexatious Actions of Arrest and Injunction have been commenced in the Court of Chancery of this Isle, and also Actions and Suits both at Law and in Equity brought and prosecuted upon the most frivolous and trivial Occasions, and often without the least Equity or Cause of Action or Complaint, and several evil-disposed Persons, out of a litigious Disposition, will not discharge or satisfy the Debts, Dues, Claims, or Demands by them really and justly owing, without necessitating a Party to recover the same by Course of Law, to the unnecessary Trouble and Perplexity of the several Courts, Judges, and Magistrates of this Isle, to the great Grievance, Expence, and Loss of the Party so obliged to defend such vexatious Actions, or prosecute such litigious Persons aforesaid, and to the great Inconvenience, Trouble, and Charge as well of Jurors as of the several Persons who are called upon as Witnesses in such litigious and vexatious Causes; and whereas a certain Act made and passed in the Year one thousand seven hundred and thirty-six for allowing Costs and Damages occasioned and incurred by frivolous and vexatious Accons, hath been insufficient to prevent such injurious Practices, as the Relief thereby prescribed is too tedious and ineffectual, and not worth the injured Complainant's Time and Expence to pursue the same; be it therefore ordered, ordained, enacted, and declared by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. the Governor, Council, Deemsters, and Keys in this present Court assembled, and by the Authority of the same, That from and after the Publication of this Act it [329] shall and may be lawful to and for the Governor or his Deputy or Deputies for the Time being, whether in the Court of Chancery or any other Court or Courts, or upon any Hearing or Trial wherein he or they shall in a judicial Manner preside, and also to and for all other Courts, Judges, and Magistrates, as well Spiritual as Temporal, who now have or hereafter shall or may have legal Authority and Jurisdiction of holding Courts and hearing and determining Accons, Complaints, Suits, or Pleas of any Sort whatsoever within this Isle, upon full Hearing thereof, severally and respectively to award such Costs, Charges, Damages, and Expences to be paid to any injured Party, whether Complainant or Defendant, by such other Party as shall appear on such Hearing or Trial to have brought such vexatious Accon or Suit, or litigiously defended such Accon or Suit necessarily brought as aforesaid, as the said Governor or his Deputy or Deputies, or other Court, Judge, or Magistrate, as well Spiritual as Temporal, shall in their judicious Consideration think proper to award and allow; which said Costs, Charges, Damages, and Expences the said Governor or his Deputy or Deputies, or other Court, Judge, or Magistrate as afforesaid, shall and lawfully may grant immediate Execution to any Party, Juror, Witness, or other Person injured or aggrieved against such Party Complainant, Plaintiff or Defendant, and the same shall be levied, raised, and paid by such Person against whom the same shall be awarded in as full and ample a Manner to all Intents and Purposes as any other Decree, Order, Judgment, or Execution whatsoever within this Isle: And forasmuch as it hath been hitherto the Practice of the said Court of Chancery to compel a Defendant within the said Jurisdiction of the said Court to a personal Appearance the fourth Court Day after the Accon is taken out by Military Aid, and not to examine any Witnesses, or to proceed to a Decree in any Cause, unless all Parties within the Jurisdiction are present, either personally or by their Attorneys lawfully authorized, which Practice hath occasioned Delay of Justice, and been a great Hardship and Loss to a Complainant, who is always obliged to attend, and by the Defendant's Triflings and Evasions kept out of his just Demands; for Prevention whereof, and for the more speedy and certain Hearing and Determination of Causes in the said Court, be it ordered, enacted, and declared by the Authority aforesaid, That from and after the Publication of this Act it shall and may be lawful to and for the [330] said Governor or his Deputy or Deputies to take Cognizance of any Cause, and to examine Evidence therein, and finally to hear and determine the same, and proceed to a Decree at any such fourth Chancery Court hereafter to be holden in the Defendant or Defendants Absence or Non-appearance; provided it appears by Matter of Record and Certificate that the Defendant or Defendants hath or have been regularly and legally summoned to the said several Courts, and stood out the several Attachments and Processes of Contempt, any Law, Custom, Practice, or Usage to the contrary hereof in anywise notwithstanding; Provided nevertheless, That any Person or Persons conceiving himself aggrieved by any of the inferior Courts or Magistrates of this Isle in awarding extravagant Damages and Costs he, she, or they may, upon Application to the Governor or Deputy Governors for the Time being, have the same further heard and considered of in Chancery, where it may be mitigated and rectified, or otherwise enforced as to the Governor or his Deputy shall seem reasonable and just, which is to be final and decisive in the Premises without further Relief or Hearing by Appeal or otherwise, any Law, Custom, or Practice to the contrary notwithstanding.

 

Basil Cochrane.

Jon. Taubman.

Dan. Mylrea.

Ro. Radcliffe.

John Quayle.

 

John Frissell,

The Keys.

Quayle Curphey,

Tho. Heywood,

Jon. Christian,

William Stephenson,

John Taubman,

William Cubbon,

George Moore,

David Harrison.

Philip Moore,

Willliam Qualtrough,

John Moore,

Thomas Gawne,

Tho. Radcliffe,

John Frissell,

Tho. Fargher,

Matthew Christian.

Jon. Clucas,

 

At London, the 24th Day of February, 1758.

I do allow and confirm the beforegoing three Acts contained in this and the three preceding Skins of Parchment, the first, intituled, "An Act for the Removeal and Rebuilding the Parish Church of Kirk Arbory;" the second intituled, "An Act for the Currency of [331] Copper Pence and Halfpence;" and the last, intituled, "An Act for the awarding Costs on litigious and vexatious Law Suits," according to my Prerogative in that Behalf, and I do order that the said Acts be proclaimed upon the Tynwald Hill according to the ancient Form and Custom of the said Isle.

ATHOLL and STRANGE.

INSULAE MONAE.

At a Tynwald Court holden at Castle Rushen the 13th Day of Aprill in the Year of our Lord one thousand seven hundred and fifty-eight, before the Honourable Basil Cochrane, Esquire, Governor, the Council, Deemsters and Keys of this Isle, in this present Court assembled.

An Act for lycensing Stranger Pedlars and Chapmen.

Whereas by an Act made and published at a Tynwald Court holden at St. John"s Chappel the nineteenth Day of April, which was in the Year of our Lord one thousand seven hundred and forty-two, it was ordained and enacted, That no Pedlar or Chapman, being Strangers, should from and after the twenty-ninth Day of September then next following, for and during the Term of thirteen.Years, be suffered to travel about to sell his or their Goods in or through this Isle without the Governor's Lycence first had and obtained in Writing for that Purpose; and whereas the said Act while in force was of great Benefitt and Service, and since the Expiration thereof great Detriment and Inconveniences have arisen to the People of this Isle, which sufficiently proves the Expediency of having the said Act revived. Be it therefore ordered, ordained, and enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. by and with the Consent of the Governor, Council, Deemsters, and Keys, in this present Court assembled, and by the Authority of the same, That from and after the Publication of this Act, for and during the full Term and Space of sixteen Years thence next ensuing fully to be compleat and ended, no Pedlar, Chapman, or travelling Dealer, or other Person being a Stranger, shall be permitted or allowed to go about the Country with Goods, Wares, or Merchandize, in order to [332] vend or sell the same without having the Governor's Licence in Writing for that Purpose, upon Pain and Forfeiture of the Sum of five Pounds, one Half to the Lord of this Isle, and the other Half to the Informer, to be levied by Execution from the Court after Hearing and Proof made of the Information and Judgment given therein; and that the Oath of the Buyer or Buyers shall be sufficient to convict the Offender or Offenders, and the said Execution to extend as well to the Person or Persons as their Goods and Effects till full Satisfaction be made of the said Forfeiture; and whenever any such Information shall be lodged, the Person or Persons informed against shall be holden to Bail by Order from the Governor or his Deputy or Deputies for the Time being for such Offender or Offenders Appearance to answer the same.

And be it further enacted by the Authority aforesaid, That when any such Pedlar, Chapman, or travelling Dealer shall apply to the Governor for a Licence, he shall be obliged to pay, besides the Fee of one Shilling British for writing out such Licence, the further Sum of twenty-four Shillings and Sixpence, to be secured and applyed in Augmentation of the Fund appropriated by Law for the Building and Repairing of Bridges, or to such other Publick Use for the common Good of the Country as the Governor, Council, Deemsters, and Keys shall from Time to Time think most proper; which said Licence is to continue and be of Force and Effect for the Term and Space of one Year, taking Commencement from the Date thereof and no longer. And for the more effectual carrying this Act into Execution, it is hereby enacted and declared, That all and every such Pedlar, Chapman, or Dealer shall be and is hereby obliged to carry along with him, when travelling and selling his Goods as aforesaid, his said Licence for that Purpose, and shall produce and shew the same upon Demand unto the Governor or his Deputy or Deputies for the Time being, or unto the Officers, Deemsters, or Keys, and also to the Captains of the several Garrisons and Parishes, Deputy Searchers or Coroners of this Isle, who are hereby authorized to demand and examine the same; and that such Pedlar may not plead Ignorance hereof, it is ordered and directed that the same shall be mentioned and specified in such Licences respectively; and in case any such Pedlar, Chapman, or travelling Dealer shall neglect or refuse to produce and shew his Licence, that then and in that Case his Goods and [333] Effects may be detained by such Person, who by virtue of this Act shall demand a View of the said Licence until such Time as a proper Arrest and Authority can be obtained from the Governor for that Purpose, or untill a proper Licence is produced.

And forasmuch as there are daily Complaints of great Losses and Nuisances occasioned by Dogs worrying Sheep and Lambs, and doing other Damage in this Isle, and that the legal Relief against the same hath been found very tedious and insufficient, for the more speedy and effectual Remedy whereof, be it ordered, ordained, and enacted by the Authority aforesaid, That from and after the Publication of Act, upon the first Instance and Complaint of any Damage being done by any Dog or Dogs belonging to or harboured by any Person, and Proof thereof being made by the Testimony of one single Witness, or by strong Circumstances before the Deemster, who is hereby authorized and impowered to take Cognizance thereof, or to direct the same to be inquired, into by a Jury, as he shall in his Discretion think most proper, and afterwards to judge of the Fact and award the Damage and thereupon grant Execution against such Person or Persons keeping, harbouring, or encouraging such Dog or Dogs in or about their Houses, who shall appear to have done such Damage as aforesaid, for the said Loss and Damage, estimating and computing a Mutton after the Rate of five Shillings, a Sheep four Shillings, and a Yearling and a Lamb at three Shillings severally and respectively, and also order the said Dog or Dogs to be forthwith hanged or destroyed; and in case the Fact cannot clearly be made to appear against such Dog or Dogs in Manner aforesaid, but there shall be Circumstances that any Dog complained of is any way suspicious of the Fact, or annoying the High Roads, that then the said Deemster lawfully may order such Dog or Dogs to be forthwith hanged or destroyed, any Order, Ordinance, Custome, or Practice to the contrary in anywise notwithstanding.

   

Basil Cochrane.

 

Jon. Taubman.

Dan. Mylrea.

   

John Quayle.

 

The Keys.

 

Quayle Curphey,

John Taubman,

 

William Murrey,

Tho. Heywood,

 

James Moore,

William Cubbon,

 

John Moore,

Willliam Qualtrough,

[334]

Tho. Christian,

Richard Tyldesley,

 

Edward Christian,

Tho. Fargher,

 

William Stevenson,

David Harrison.

 

Jon. Clucas,

 

At London, the 18th Day of May, 1758.

I do allow of and confirm the beforegoing Act for licensing Strangers, Pedlars, and Chapmen, according to my Prerogative within my Isle of Man, and do order that the said Act be proclaimed upon the Tynwald Hill according to the antient Form and Custom of the said Isle.

ATHOLL and STRANGE.

At a Tynwald Court holden at St. John's Chappell the 5th Day of July, Anno Domini 1758.

The four beforegoing Acts being allowed of and confirmed by His Grace James Duke of Atholl and Lord of this Isle, &c. were this Day publickly published, promulgated, and proclaimed upon the Tynwald Hill according to the antient Form and Custom of this Isle; as witness our Subscriptions,

 

Basil Cochrane.

Ro. Radcliffe.

Jon. Taubman.

Dan. Mylrea.

Math. Curphey.

Dan. Lace.

John Quayle.

   

John Frissell.

The Keys.

Tho. Heywood,

Tho. Gawne,

William Murrey,

John Oates,

Philip Moore,

David Harrison,

John Christian,,

John Moore,

John Taubman,

Richard Tyldesley,

Matthew Christian,

Tho. Fargher,

John Frissell,

Edward Christian,

Tho. Radcliffe,

Quayle Curphey,

William Cubbon,

John Clucas,

William Stephenson,

Tho. Christian.

Examined by JOHN QUAYLE, C.R.

[335] INSULA MONAE.

At a Tynwald Court holden at Castle Rushen the thirteenth Day of May, 1763, before the Honourable John Wood, Esquire, Governor of the said Isle, the Council, Deemsters, and Keys in Court assembled.

An Act for the Draining of Loughs and Stagnations of Water, and also for making Stone-wall Boundaries, and for other Purposes.

Whereas it has been observed that the several Loughs and Stagnations of Waters in diverse Parts and Places of this Isle are not only obnoxious and Nuisances to the Publick Weal, but also of great Loss and Detriment to the several Proprietors of Land whereon the Water so lie, as the said Waters cover and spoil the Lands, and the Proprietor can reap little or no Benefit or Advantage therefrom; and forasmuch as some refractory Persons, by not keeping proper Drains or scouring their Ditches in a good and sufficient Manner so as to carry the stagnated Waters off the said several Lands, have been the Occasion of the said Nuisances, and Loss to the Publick in general; and whereas the same hath been so notorious and appeared to be so necessary to be immediately remedied, that an Ordinance passed to the Effect and Purpose hereinafter mentioned, which hath already shewed the good Effects and the Necessity of establishing the same by Law; be it therefbre ordered, ordained, enacted, and declared by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. with the Advice and Consent of the Governor, Council, Deemsters, and Keys of the said Isle, in this present Court assembled, and by the Authority of the same, That wheresoever there shall appear to be any Grounds overflowed with Water, or any Ways expedient or necessary to be drained, und Notice thereof be given to a Committee to be annually nominated at a Tynwald Court, composed of three Persons for the North Side, and three Persons for the South Side of this Isle, who are to act in their several and respective Divisions according to the Directions of this Act, two of whom are to make a Quorum, that then such Committee appointed as aforesaid, or a Quorum of them in their respective Divisions, shall, upon view of the said Ground, by Order in Writing, direct the several Proprietors of the Lands through which the proper Course of such Water passes or adjoins, without any Distinction of Quarterland, Cottage, [336] or Intackholders, to begin at the Foot or Vent of such Drain, whether it be the Sea or a River, or at such Fall as shall appear to the said Committee to be sufficient and proper effectually to carry off such Waters, Stagnations, or Boggs in a proper Channell and due Levell; and whatever Orders, Directions, Rules, or Regulations the said Committee shall see necessary and proper to be done in the Premises, shall be decisive and binding upon all Parties without further Proceedings or Delay; and in case any Person or Persons shall be refractory or disobedient to the said Orders and Directions of the said Committees respectively, that then it shall and may be lawful to and for the said Committees, or any two of them in their several and respective Divisions, by Note, or Memorandum under their Hands, to nominate, constitute, impower, or appoint any Person or Persons whomsoever, to direct, oversee, and carry on the said Work, beginning at the Foot of the intended Drain, and so up the same as aforesaid through the Grounds of such refractory Persons; and such Person or Persons nominated and appointed as aforesaid to carry on the said Drain, shall, upon producing his Account of the Expences upon Oath before the Deemster in whose Division the said Ground may lie, shall have Execution granted from such Deemster for the full Amount of such Expences, with an Allowance of one Shilling and Twopence per Day for his own, or such Overseer's Trouble in superintending and directing the said Work; and in case such refractory Person or others shall obstruct or hinder such Person or Persons appointed by the said Committees respectively as aforesaid in the Execution of this Act; or molest, disturb, or prevent him or them from the Prosecution of the said Work, and carrying on the said Drains pursuant to the Directions of the said Committee, or a Quorum of them, it is hereby enacted and declared, that the said Person or Persons so appointed by the said Committee as aforesaid, upon producing his Orders and a Certificate of the Obstruction and Contempt, it shall and may be lawful for the Governor, or his Deputy or Deputies for the Time being, to grant Execution, and a Soldier to commit the said Offender or Offenders to Castle.Rushen, there to remain until he or they give in good and sufficient Security to offer no farther Obstruction or Disturbance in the Premises, and do pay a Fine not exceeding thirteen Shillings and Fourpence before Releasement, which said Fine is to be paid and applied unto and for the Use of the High Roads of this Isle; [337] and in the mean time the said Work to be proceeded and carried on as if no such Obstruction had been made; provided always, and it is hereby enacted and declared, that nothing herein contained shall in any Sort affect, injure, or prejudice any Miln, or any Watercourse, Dam, or Stream of Water appurtenant and belonging thereto, or be of any Loss, Damage, or Detriment to the same in anywise.

And whereas by an Act passed in the Year 1691 all Mere and Boundary Fences were directed and enacted to be made of Sods or Trenches of such particular Construction and Dimensions as are found to be scarce practicable in many Soils, and when compleated are of short Duration, and at best do not answer the intended and necessary Purposes of a Mere or Boundary, to the great Inconvenience and Hinderance of Husbandry and Improvement, and the Encouragement and unjust Advantage of designing and litigious Trespassors; and forasmuch as it is by Experience found that a Stone Wall is the most serviceable, advantageous, and effectual Boundary Fence to protect the industrious Farmer from the Injurys of his trespassing Neighbour, be it enacted by the Authority aforesaid, That from and after the Publication of this Act any Person or Persons whatsover who shall be inclined and desirous to make his, her, or their adjoining Neighbour or Neighbours to contribute an equal Expence to the making of the same, or otherwise amicably agree about the doing thereof, may apply to the Deemster for his Authority to charge, impannell, and swear four of the most judicious and reputable Men within the same Sheading to view the Boundary, Hedge, or Ditch complained of, and to estimate, compute, and value according to the best of their Conscience, Skill, and Judgment, and not only what Sums, Charges, Damages and Expences would put such old Boundary Fence into the sufficient Order and Repair, according to the Rules and Dimensions prescribed by the said recited Statute, but also what Costs, Charges, and further Expences will be sufficient to support, maintain, and keep such Fence in the Order and Repair aforesaid for the Term and Space of seven Years next following such said general statuteable Repairation; and upon exhibiting a Copy of the Estimation and Return of which said Jury, the Deemster shall and lawfully may grant Execution against such disagreeing Party for a Moiety or Half Part of such Costs, Charges, Damages and Expences returned by the said Jury, together with the whole Costs and Expences attending the said Suit. And it [338] is hereby enacted by the Authority aforesaid, That the said Plaintiff shall, with the Amount and Value of the Charges returned and paid to him as aforesaid, at his own proper Expence, with all convenient Speed, erect and build a Boundary Stone Wall, containing two Foot at the least thick at the Bottom, and not less than five Foot in perpendicular Height from such Bottom, with a proper Coping or projecting Stones; and from and after the building and compleating thereof the same shall be esteemed, adjudged, deemed, and taken to be the true and lawfull Boundary, and as such repaired, amended, and maintained as Boundarys as are by the said recited Act provided and directed. And it is hereby further enacted by the Authority aforesaid, That in case such Party, or any other Person or Persons, or their lawful Guardians, Representatives, or Attorneys, shall be inclined and agree to make their Boundary streight to save Expence by shortening the same, or otherwise to suit their mutual Convenience, and shall erect, build, or make a Boundary Wall, Hedge, or Fence, such new streight Boundary shall be for ever thereafter held, reputed, adjudged, and taken, repaired, amended, supported, and maintained, as the only true and lawful Mere and Boundary between the said Partys, their Heirs, and Assigns for ever, and no Enquest, Jury, or other Proceedings shall be had to vary, alter, impeacht, or invalidate the said Division and Bounds; provided always, and it is hereby declared and enacted, that this Act shall in no Sort extend to relate to the Demesnes of the Lord of this Isle, or the Boundarys of the Lords Lands from any Barrony, Parish, or District within this Isle, but that the same shall be maintained, repaired, amended, and preserved by the several Persons and Landowners as heretofore accustomed, any Thing herein contained to the contrary thereof in anywise notwithstanding. And be it further enacted by the Authority aforesaid, That in case the Person desirous to erect a Stone Boundary would have the same made in a direct Line, and his Neighbour refuses to give and take Land so as the said Wall might be made streight, the said Person may apply to the Governor for Liberty to convene the Committee appointed for the regulating of Drains, who are hereby impowered to settle and fix the said Boundary in a streight and direct Line as conveniently as can be without doing any avoidable Injury to either Party, and to act and do herein as the said Committee shall see reasonable and proper, and such Boundary so fixed by them shall be [339] esteemed and taken to be the Mere Fence and Boundary for ever afterwards.

And be it further enacted, That the Wages of Servants who shall have faithfully performed their Service within this Isle be preferred in Payment to all other Creditors, except Landlords, with respect to their Rents, as by Law provided; and whereas the Wages due by Law to Yarded Servants is found to be very Insufficient, it is therefore enacted, That henceforth Yarded Servants Wages shall be augmented, and that a Man Servant shall be intituled to have and receive the Sum of forty Shillings, and a Maid Servant shall have twenty Shillings for their Year's Servitude, any former Law or Custom to the contrary hereof notwithstanding.

Whereas much Litigiousness and Contentions are fomented and carryed on by several ignorant and evil-minded Persons who provoke Law Suits, and pretend to practice as Attorneys therein, though altogether unqualified, to the great Trouble and Perplexity of the several Courts, Judges, Magistrates, and Jurys, and also to the great Inconveniency and Detriment of the Public in general; be it therefore enacted by the Authority aforesaid, That no Person shall after Michaelmas Term next after the Publication of this Act plead in any Suit or Cause whatsoever, or act in the Character of an Attorney before any Court, Judge, Magistrate, or Jury, (except in his own Cause), until he be first duly approved of and admitted by the Governor, Officers, Deemsters, and Keys, or a Committee of them, and afterwards sworn in the Court of Chancery; provided that this Act doth not extend to the Attorney General, or the Keys of this Isle for the Time being, who are not meant or intended to be hereby restrained or affected; and provided also, that the Governor for the Time being, or his Deputy or Deputies, shall nominate and appoint Attorneys of the Court of Chancery as might heretofore have been done without the Aid of this Act, which is to be of force for the Space of five Years.

[340] A Table of Fees for Attorneys.

 

s.

d.

A Retaining Fee

0

2

11

Drafting and writing a fair Bill in Chancery for each Sheet wrote on all Sides

0

2

11

Taking out a common Action

0

0

7

Attendance on the Governor for his Process thereon, and directing the Bill or Action to be served

0

1

2

Carrying on the Bill, or making a common Motion each Court Day

0

0

11

Attending the Examination of Witnesses

0

0

10

If a whole Day, or more, to be allowed each Day

 

12

3

Preparing Brief for hearing on the Merits

 

5

10

If long, to be allowed for each Sheet of Writing

     

Speaking to the Cause on hearing of the Merits

0

5

10

Drafting and fair Copy of Defendant's Answer, for each Sheet

0

2

11

Drawing a.Replication, Plea, Demurrer, Rejoinder, and such like

0

2

0

Drawing and preferring a Petition

0

2

11

Attendance on the Deemster on a common Application

0

1

2

Attendance before the Deemster on a Hearing

0

2

11

Attendance on a Jury

0

2

11

A Journey on Business six Miles, and not exceeding twelve Miles

0

12

3

A Journey above twelve Miles, and not exceeding twenty Miles

0

17

6

Attending Business in any of the Courts or before Jurys, or any other Occasion more than one Day, to be paid for each Day

0

12

3

Drawing a Bill of Sale, a Mortgage, Gift, Settlement, Will, and such like, to be allowed

0

2

11

Drawing a Personal Bond

0

1

2

Drawing a Jury's Answer

0

1

2

Taking Depositions before a Jury

0

0

7

Attending the Common Law Courts on Business

0

2

11

Any other Article not hereinbefore specified and provided for, to be regulated and taxed by the Court where the Cause is depending.

And whereas great Complaints have been made of the Number of useful Dogs kept by the Inhabitants of this Isle, to the great Destruction of Sheep, Lambs, and Goats, and otherwise to the great Nuisance of the Public in general, be it therefore ordered, ordained, and enacted by the Most Noble and Puissant Prince James Duke of Atholl, Lord Strange, Lord of Mann and the Isles, &c. and the Governor, Council, Deemsters, and Keys, in this present Court assembled, and by the Authority of the same, That every Person or Persons whatsoever (save as hereafter mentioned), having, encouraging, harbouring, or entertaining any Dog or Dogs of any Species whatsoever in or about their Houses, shall pay for each and every such Dog the yearly Sum of one Shilling, and for each and every Greyhound or Pointer, the yearly Sum of five Shillings and Tenpence; provided always, that his Act doth not extend to the Lord or Governor of this Isle; and that all Persons occupying one Quarterland [340] or more, or twenty Shillings Intack Rent or more, and the several Clergy of this Isle for the Time being, may be allowed to keep two Dogs; and every Person occupying less than one Quarter of Land, and paying one Shilling Lord's Rent, either in Quarterlands or Intacks, and residing on the Premises, or any Cottier farming Land of the annual Rent of twenty Shillings and upwards, and residing on the Premises, each and every such Person may be allowed and intituled to have and keep one Dog without paying the sum of one Shilling for the same: And it is also provided, that the Lord's Council and twenty-four Keys are to be exempt and excused from paying any Thing for their Dogs, of what Species soever, not exceeding three Dogs; and in case any shall conceal or deny having, encouraging, or harbouring, any Dog or Dogs, and be thereof convicted, he or they shall pay a Fine of ten Shillings, with Costs of Suit, not exceeding ten Shillings, to the Party complaining; which said Sum of one Shilling, and five Shillings and Tenpence, and Fine of ten Shillings, shall be paid to the Overseers of the High Roads, who are hereby impowered to levy and collect the same, and to retain five per Cent. to themselves for their Trouble, and the Remainder to be applied for the Repairs of the Highways; and in case the said Overseers wilfully neglect or connive with any Person in levying and collecting the said one Shilling and five Shillings and Tenpence for such Dog or Dogs agreeable to the Tenor and Purport of this Act, he or they are to be fined in three Pounds, to be levyed by Execution from the Deemster, one Half to the Informer, and the other Half to be expended on the High Roads; and in case any Dispute shall arise in the Execution of this Act, the same shall be heard and finally determined by and before the Deemster, and the said Overseers are to levy and collect the Money arising in virtue of this Act from Christmas to the Month of May in each and every Year, so as the same may be paid in at the Head Courts in May in each Year; and this Act to continue and be in force for the Space of five Years; provided that this Act shall not affect the Lord's Right and Prerogative to the Game of this Isle, and the licencing of Game Dogs as formerly accustomed.

And whereas by a Statute Law passed in the Year one thousand seven hundred and five, it is enacted, That if any Person shall find any Cattle, Horses, Sheep, Goats, Swine, or Geese, or any other Goods whatsoever Trespassing upon his Grounds, and shall impound the same, that he shall be [342] entitled to Fourpence for every Beast so trespassing, and one Penny for every Goose, from Lady Day to Michaelmas; and Twopence for every Beast, and a Halfpenny for every Goose, from Michaelmas to Lady Day: And whereas the Satisfaction limitted in and by the said Statute for Trespasses is too low and trifling, and so far from being a Penalty to deter such unjust Practices, that it is inadequate to the Loss and Damages sustained, to the great Discouragement of Husbandry and Improvements; be it therefore enacted by the Authority aforesaid, That from and after the Promulgation of this Act so much of the said Statute Law of one thousand seven hundred and five as limits the Satisfaction for Trespasses shall be, and the same is hereby repealed; and the Owners of all Cattle, Horses, or Swine whatsoever found trespassing and impounded as aforesaid, shall, before Releasement (over and besides an Halfpenny a Foot for the Lord and Pinner's Fees), pay unto the Person or Persons trespassed upon Sixpence per Foot in the Summer and Threepence per Foot in the Winter Season, and three Halfpence per Foot in the Summer, and one Penny per Foot in the Winter, for Sheep, Goats, and Geese; and in case any Person shall obstruct or prevent any Cattle or other Goods from being impounded, that such Person or Persons, or the Owners of such Cattle or other Goods, shall pay the full Poundage, and also a Fine to the Lord, as by the said recited Statute is provided, together with such Costs and Charges as the Deemster shall, upon hearing, think proper to award; this Act to continue in force for five Years from and after the Promulgation thereof.

And whereas the Method of Procedure by granting Stone Tokens for Charges and Executions by and from the several Courts, Judges, and Magistrates of this Isle is much liable to Counterfeit, and Irregularities hath been the Cause and Encouragement to Contention and Litigiousness, and also unbecoming the Authority and Solemnity of a Court of Justice, be it therefore enacted by the Authority aforesaid, That from and after the Publication of this Act the granting and issuing of Stone Tokens shall absolutely cease and be discontinued, and that instead thereof the several Courts, Judges, and Magistrates of this Isle shall devise, subscribe, issue and grant a proper Citation or Summons, in Print or Writing, for the convening of Parties or Witnesses before them, or before Jurys, and upon all other lawful Occasions; and for the extraordinary Trouble that this will necessarily Oc- [343] casion, the said Judges and Magistrates shall be entitled to have and receive the Sum of Threepence in every Cause by the Party applying and taking out such Citation or Notice, which is to remain of force for the convening the Party until the the Cause be finally heard and determined before the said Judge or Magistrate, and the like Sum of Threepence is to be paid for all Presentments or Contempts for Non-appearance; and that upon granting Execution in such Cause or Causes, which is also to be in Print or Writing, the said Judges and Magistrates shall in their several and respective Districts be entitled to have and receive the Sum of Threepence, including any Sum they have been heretofore entitled unto by Law or otherwise for such Orders, Judgments, and Executions. And be it further enacted, That in like Manner all Tokens heretofore granted by the Governor on Bills or Actions in the Court of Chancery shall be in Print or Writing for the citing and convening the Parties or Witnesses to the Court on such Bills or Actions; which said written or printed Summons or Citation is to stand good and remain of full force for the convening of the Parties or Witnesses pending the whole Process of the said Court: And for the Governor's extraordinary Trouble herein, he shall be entitled to and receive the Sum of Fourteenpence for such his written or printed Authority or Summons to be granted on Bills or Actions as aforesaid. And whereas the Viccars General and Judges of the Spiritual Court do now, receive the Sum of Sixpence for all Contempts on Non-appearance, which is rather more than the other Judges of this Isle receive and take on such like Occasions, be it therefore enacted, That the said Sum of Sixpence so paid on Contempts for Non-appearance in the Spiritual Courts shall be reduced and lessened, and that the said Judges of the Spiritual Court shall for the future be entitled to only Threepence for Orders on Non-appearance, in regard they are in like Manner to have and receive the like Sum of Threepence for all Summons and Citations in the same Manner as other the Judges and Magistrates of this Isle, as already appointed and directed by this Act.

   

John Wood.

 

Jon. Taubman.

Dan. Mylrea.

 

Dan. Lace.

John Quayle.

 

The Keys.

 

George Moore,

David Harrison,

 

Philip Moore,

Willliam Qualtrough,

[344]

John Moore,

Thomas Gawne,

 

Tho. Radcliffe,

John Frissell,

 

Tho. Fargher,

William Murrey,

 

Thomas Moore,

William Cubbon,

 

Jon. Clucas,

William Stephenson,

 

Edward Christian,

Rich. Ambse Stevenson.

Dunkeld, the 28th Day of May, 1763.

I do assent to, allow of, and confirm the beforewritten Act contained in this and the three preceding Skins of Parchment, intituled, "An Act for the Draining of Loughs and Stagnations of Water, and also for making Stone Wall Boundarys, and for other Purposes," according to my Prerogative within my Isle of Man; and I do order that the said Acts be proclaimed upon the Tynwald Hill according to the antient Form and Custom in the said Isle.

ATHOLL and STRANGE.

At a Tynwald Court holden at Saint John's Chappel the 5th Day of July in the Year of our Lord 1763.

The beforegoing Act, intituled, "An Act for Draining of Loughs and Stagnations of Water, and also for making Stone Wall Boundarys, and for other Purposes," having been assented unto and confirmed by his Grace James Duke of Atholl, Lord of this Isle, was this Day publickly promulged and proclaimed upon the Tynwald Hill according to the antient Form and Custom of this Isle,

 

John Wood.

Ro. Radcliffe.

John Taubman.

Dan. Mylrea.

Math. Curphey.

 

John Quayle.

   

John Quillin.

The Keys.

William Murrey,

William Stephenson,

Philip Moore,

Thomas Christian,

Quayle Curphey,

David Harrison,

Matthew Christian,

Thomas Radcliffe,

Thomas Fargher,

Thomas Gawne,

John Moore,

Thomas Moore,

John Clucas,

Rich. Ambse Strevenson.

Edward Christian,

 

Examined by JOHN QUAYLE, C.R.


 

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