[from Mills' Statutes, 1821]

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 [416] 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 1734, intituled "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 1776, intituled, "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 suspend, for the Term and Time hereinafter mentioned, the said Act of Tynwald, passed in the Year of our Lord 1734, and also that Part of the said Act of Tynwald, passed in the Year of our Lord 1776, 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, for and during the Term and Time hereinafter mentioned, in lieu of the Duties imposed by the said recited Acts:

We, therefore, your Majesty's most dutiful and loyal Subjects, the Governor, Council, Deemsters, 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 Governor, Council, Deemsters, 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 1734, intituled, "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 1776, whereby an additional Impost or Duty is laid upon the retailing of Ale, Wine, and Spirituous Liquors, do severally stand suspended during the Continuance of this Act; 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 Kind of Wines within the said Isle, without a Licence from the Governor [417] 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 four Shillings and Sixpence shall 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 the 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 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 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 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 the selling of Spirituous Liquors in or by any 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 10th of October and the 1st of November in each Year, 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 Licennces, 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 Li- [418] cence or Licences so expressed as aforesaid, shall not authorise or entitle the Party or Parties obtaining the same to keep a Tavern, Inn, or Public House, but shall become null and void to all Intents and Purposes, upon the Party or Parties keeping such Tavern, Inn, or Public House. Provided nevertheless, that the Party or Parties who may have obtained such Licence or Licences, expressing his, her, or their Intention not to keep a Tavern, Inn, or Public House, as aforesaid, may, notwithstanding, obtain a general Licence to keep a Tavern, Inn, or Public House, for the Remainder of the Year, without any additional Duty, upon taking a proper Application for that purpose, and producing a Certification from the High Bailiff of the Town, or the Minister of the Parish, and Coroner of the Sheading, as hereinafter mentioned, and paying the usual and accustomed Office Fees. 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.

And be it further enacted by the Authority aforesaid, that the Party or Parties applying for any such Licence or Licences with the 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 receive such Licence. 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 of the Parish, and Coroner of the Sheading wherein such Party or Parties reside, for which Certificate the Sum or Fee of Sevenpence only shall he payable.

And be it further enacted by the Authority aforesaid, That from or out of the Sum or Duty payable for or 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 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 other Purposes of the like Nature, as [419] 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 the making, repairing, and amending of 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; 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 1776, 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 Owners, Keepers, and Harbourers of such Dogs. Be it therefore 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 1776, respecting the said Impost or Duty upon Dogs, be suspended; and that from and after the said tenth Day of October next ensuing the Promulgation of this Act, all and every Person or Persons within the said Isle, having keeping or making use of any Greyhound, Half-bred or Mungrel Greyhound, Lurcher, Setting Dog, Pointer, or Spaniel, for Coursing, 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, shall yearly and every Year pay the Sum or Duty of one Pound four Shillings and Sixpence for each and every 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 Person or Persons having, keeping, or harbouring any other [420] Dog or Dogs whatsoever, not used for Diversion, or not 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; which said several Sums are to be collected and received by the Parochial Surveyor or Surveyors of the Highways in each Parish, between the tenth Day of October 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 by whom kept severally and respectively, which said Accounts shall be annually given in to and received by the Clerk of the Rolls for the Time being, between the first and fifth Day of July, with such Sums as shall be so levied and collected by the said Parochial Surveyors; who are thereupon to be paid for their Trouble in the collecting and paying in the same, the Sum of one Shilling in the Pound out of such Money, the Remainder whereof shall be added to the Fund arising out of Public House Licences herein before mentioned, and shall be applied to and for the making, altering, and repairing of the said Highways and Bridges, under the Directions of the Committee of Highways far the Time being. And in Case any Doubt or Dispute shall arise concerning the levying and collecting of the said several Sums so ordered to be paid on account of such Dogs as aforesaid, the same shall be heard and finally determined by or before a Deemster or High Bailiff.

And be it further enacted by the Authority aforesaid, That the Committee of Highways for the Time being, shall be, and they are hereby authorised and impowered 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 so resolved or ordered by a Tynwald Court, from Time to Time, for the making, repairing, and amending the Highways and Bridges aforesaid, upon such lawful Interest as may be agreed upon; and that all and every 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 may become payable, shall be payable and paid from and out of the said Funds. And that the said Committee shall also have it in their Power, at their Discre- [421] tion, to assign, allow, and appoint to the Proprietors of Land situate near unto any new Highway, made, or to be, made a Bye-way or Road to the said Highway, not exceeding six Yards in Breadth; such Proprietors well and sufficiently inclosing such Bye-way or Road, and making such Compensation for the same to the Owner or Owners of the Lands through which the said Bye-way or Road may be directed, as aforesaid, as the said Committee shall, in their Judgment 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, for the Time being, to contract with any Person or Persons for the repairing or keeping in Repair any particular Line of Road, and to assign and appoint to such Person or Persons any Portion or District of the Parochial Highway Labour 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, or revoked, by the Governor, Council, Deemsters, and Keys, in Tynwald assembled, whose Order therein shall be final, and not open to Appeal.

And be it further enacted by the Authority aforesaid, That from and after the Promulgation of this Act, the Drivers of Carts, 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 other 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 Fund, 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 for 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 Publication of this Act, if the Driver of 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 [422] Hand to guide such Horse, shall ride upon such last mentioned Cart, Car, or Dray, in or through a Market Town or Village, every such Driver so offending shall be subject to 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 Fund, and disposed of accordingly. And that the said several Fines of ten Shillings shall be recoverable before a Deemster or High Bailiff, at the Suit of the Parochial Surveyor of Highways within the Parish where the Offence shall be committed.

And whereas the Inhabitants of the Market Towns in the said Isle are subject to the Burden 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 upon Individuals. Be it therefore further enacted 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 such individual Hardship, as they shall judge right and proper, upon Consideration of the Circumstances of the Party and the Nature of the Case.

And be it further enacted by the Authority aforesaid, That this Act shall commence and take Effect from the 10th of October next ensuing the Promulgation hereof, and shall continue and be in Force for the Term and Space of two Years thereafter, and no longer. But it is hereby provided and declared, to be the true Intent and Meaning of this Act, that for the Space of Time between the first of September, immediately before or immediately after the Promulgation of this Act, and the 10th Day of October next ensuing the Promulgation thereof, the Dog Tax shall be recoverable under or by Virtue of the said Act of the Year 1776, or if recovered, that the same shall be held as part Payment of the Duty payable by this Act.

   

Atholl, Governor.

John F. Crellin,

}

Deemsters

William Scott.

Norris Moore,

John Cosnahan.

   

Thomas Stowell.

   

Daniel Mylrea.

   

T. Stephen.

[423] The Keys.

William Fitzsimmons,

John Corlett,

Thomas Gawne,

Robert Quayle,

Thomas Mylrea,

George Quayle,

Thomas Corlett,

Edward Cotteen,

John Moore,

John Hughes,

John Quane,

Robert Farrant,

John Quayle,

Edward Gawne,

John Llewellyn,

John Gelling.

At a Tynwald Court, holden at St. John's Chapel, the 5th Day of July, 1813.

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 Carlton House, the 14th June, 1813, Present, his Royal Highness the Prince Regent in Council, as signified by the Right Honourable Lord Viscount Sidmouth, Secretary of State for the Home Department, in a Letter addressed to the Lieutenant Governor of this Isle, bearing Date the 14th of June, 1813, the said Act was this Day promulgated and published upon the Tynwald Hill, according to the ancient Form and Custom within this Isle, as witness our Subscriptions:

   

Atholl, Governor.

John F. Crellin,

}

Deemsters

William Scott.

Norris Moore,

John Cosnahan.

   

Thomas Stowell.

   

Daniel Mylrea.

   

T. Stephen.

The Keys.

John Caesar Gelling,

Robert Quayle,

Robert Farrant,

Thomas Mylrea,

John Corlett,

William Cuninghame,

Thomas Gawne,

Edward Gawne,

John Quayle,

John Quane,

Edward Cotteen,

John Llewellyn,

William Fitzsimmons,

Robert Banks,

Thomas Corlett,

John Gelling,

John Hughes,

John Moore.

[424]

At a Tynwald Court holden at Castle Rushen, the 27th Day of January. in the fifty-fourth Year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of GOD, of the United Kingdom 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 fourteen, before the Honourable CORNELIUS SMELT, Lieutenant Governor, the Council, and Keys of the said Isle:

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 1737, 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 Governor, Council, Deemsters, 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, 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 or Persons who shall have been usually resident within the said Isle, for and during the Space of six Calendar Months immediately preceding the Day of the Promulgation of this Act, or who hath or have been usually resident within the said Isle for one Year before the Commencement of the said six Months, and who hath or have departed the said Isle in the Service of Government, Civil [425] or Military, with an Intention to return to the said Isle as the Place of his or their 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 against 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 Affidavits 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 or final Hearing of such Action.

   

C. Smelt, Lieut.-Governor.

John F. Crellin, Deemster.

William Scott.

   

John Cosnahan.

   

W. Frankland.

   

T. Stephen.

The Keys.

Thomas Gawne,

Robert Banks,

William Cuninghame,

John Quane,

John Llewellyn,

Robert Farrant,

John Hughes,

Robert Quayle,

Thomas Corlett,

John Gelling,

Thomas Harrison,

Edward Cotteen.

John Caesar Gelling,

 

[426]

ISLE OF MAN, to wit.

Whereas no adequate Relief is afforded by the existing Laws of the Island to Insolvent Debtors and it is expedient to make a permanent Provision for the Relief of such Persons under certain Restrictions: We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant Governor, Council, Deemsters, 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, Deemsters and Keys, and by the Authority of the same, That from and after the passing of this Act, it shall be lawful for every Person who shall be a Prisoner in any Prison in the Isle of Man upon any Process whatever, issuing from any Court whatever, for or by Reason of any Debt, Damage, Costs, Sum or Sums of Money, or Contempt for Non-payment of Money, and who shall have been in actual Custody in any Prison, upon Process, for some or one of the said Debts or Demands, during the Space of twelve Calendar Months, or more, to apply by Petition, in a summary Way, to the Court of Chancery of the said Isle, for his or her Discharge from Confinement, according to the Provisions of this Act; and in such Petition such Prisoner shall state the Prison wherein such Prisoner shall be confined, the Time when such Prisoner, was first charged in Custody and received in Prison, upon some Process upon which he or she shall be detained in Prison, together with the Name or Names of the Person or Persons at whose Suit or Prosecution such Prisoner shall, at the Time of presenting such Petition, be detained in Prison; and the Amount of each and every Debt or Sum of Money for which such Prisoner shall be so detained, and shall pray to be discharged from Custody upon all such Process, and to have future Liberty of his or her Person against the Demands for which such Prisoner shall be then in Custody; and against the Demands of all other Persons who shall be named or specified as Creditors, or as claiming to be Creditors in the Schedule annexed to such Petition, who shall at the Time of presenting such Petition be resident in the Isle of Man or shall have been during the Space of the preceding six months usually resident therein, whether Natives or Fo- [427] reigners; and against the Demands of all other Persons resident elsewhere, who may be desirous, to be admitted and inserted as Creditors in the Schedule, and who shall voluntarily consent to the Discharge of the Prisoner, under the Provisions of this Act; and such Prisoner shall, by such Petition, offer to convey, assign, and deliver to the Clerk of the Rolls, for the Time being, in Trust for the Payment of such Debts and Sums of Money respectively, from which such Prisoner shall seek to be discharged, all such Property as such Prisoner shall possess or have in his or her Power, as hereinafter expressed; the Wearing Apparel and Bedding, for such Prisoner and his or her Family, and Working Tools and necessary Implements for his or her Occupation and Calling, and other small Necessaries, not exceeding in the Whole the Value of ten Pounds, only excepted; and shall also offer to engage to pay so much of all such Debts and Demands respectively, as shall be justly due from such Prisoner to such Creditors, and as shall not be discharged by Means of the Property so to be conveyed, assigned, and delivered, in Case such Prisoner shall at any time thereafter become possessed of sufficient Means for such Purpose, and shall also offer to enter into and execute such Bonds and Obligations, and to execute such Powers of Attorney as are hereinafter mentioned; to which Petition shall be annexed a Schedule, containing a full and true Description of all and every Person and Persons to whom such Prisoner shall be then indebted, or who to his or her Knowledge or Belief shall claim to be a Creditor or Creditors of such Prisoner, distinguishing such as are usually resident in the Isle of Man from those who are resident elsewhere, with the Nature and Amount of such Debts and Claims respectively, distinguishing such as shall be admitted from such as shall he disputed by such Prisoner; and also a full, just, true, and perfect Account and Discovery of all the Estate and Effects, 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 or her Use, Benefit, or Advantage, in any Manner whatsoever, shall have been, or shall be seized or possessed of, or interested in, 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 at the Time when such Prisoner was first committed to [428] Prison, or charged in Custody for any of the Debts or Sums of Money for which such Prisoner shall be detained in Custody, or at any Time subsequent to that Time, before and on the Day on which the Truth of such Schedule shall be sworn to by such Prisoner, as herein directed; distinguishing such Part and Parts of all such Property and Estate as may be situated within the Isle of Man from such other Part and Parts as may be situated elsewhere; together with a full, just, true, and perfect Account of all Debts at such Time owing to such Prisoner, or to any Person or Persons in Trust for him or her, or for his or her Benefit or Advantage, either solely or jointly, with any other Person or Persons, and the Names and Places of Abode of the several Persons from whom such Debt shall be or shall have been due, or owing; and of the Witnesses who can prove such Debts as shall remain due (if any such there shall be), so far as such Prisoner can set forth the same, and in what Manner any such Estate or Effects, real or personal, of such Prisoner, shall; have been applied or disposed of since the Time when such Prisoner shall have been so first committed to Prison, or charged in Custody as aforesaid; and which of such Estates or Effects, or any of them, shall have been in any Manner conveyed, assigned, disposed of, charged, or incumbered, in any Manner whatsoever, and when, and in what Manner, and for what Consideration, and to whom, and for whose Benefit, and which of such Estates and Effects shall, at the Time of Swearing to the Truth of such Schedule, be applicable to the Discharge of the Demands of his or her Creditors; and such Schedule shall also fully and truly describe the Wearing Apparel and Bedding of such Prisoner, and his or her Family, and the Working Tools and Implements, and other small Necessaries, intended to be excepted by such Prisoner from the Assignment proposed by the said Petition to be made by such Prisoner as aforesaid, together with the Value of such excepted Articles respectively; and such Prisoner shall make Oath of the Truth of such Petition and Schedule to, the following Effect, or with such Variations, according to the special Circumstances, as shall be consistent with the Provisions of this Act: "I, A.B. upon my corporal Oath, in the Presence of Almighty God, do solemnly swear and declare, that on the Day of I was really and truly a Prisoner in the actual Custody of in the Prison or Gaol of , at the Suit of for the Sum of , (as the Case may be), without any [429] Fraud or Collusion whatever, and that I have ever since been and now am a Prisoner in , in the actual Custody of the Keeper or Gaoler of , (as the Case may be), or within the Liberties thereof, at the Suit of and of , (as the Case may be), without any Fraud or Collusion whatever; and that I have not had at any Time since I was committed to Prison, or charged in Custody by the said , as aforesaid, any Means whatsoever of discharging the Demands of the said , and of the other Persons named or described as my Creditors, or as claiming to be my Creditors, in the Schedule hereunto annexed and subscribed by me, except the Estates and Effects mentioned in the said Schedule, and that I have not now any Means of discharging such Demands, except so much of the said Estates and Effects as still remain applicable for that Purpose, as expressed in the said Schedule, and that all the Estates and Effects which I have disposed of since I was so first committed or charged in Custody, have been necessarily expended by me for the Maintenance of myself and Family, and for Law Charges and other unavoidable Expences, during my Confinement, and in Payment of just Debts due and owing by me be fore or since the said Day of , when I was first committed to Prison or detained in Custody, at the Suit of the said , as aforesaid; and that the said Schedule doth contain, to the best of my Knowledge and Belief, a full, just, true, and perfect Account and Discovery of all the Estates and Effects, real and personal, in Possession, Reversion, Remainder, or Expectancy, and of every Nature and Kind soever, which I now am, or which any Person or Persons in Trust for me, or for my Use, Benefit, or Advantage, now is or are seized, possessed of, interested in, or intitled unto, or which was or were in my Possession, Custody, or Power, or in the Possession, Custody, or Power of any such Person as aforesaid, of which I, or any Person or Persons had any Power of disposing of or charging for my Benefit or Advantage, at the Time I was so first committed to Prison or Charged in Custody by the said as aforesaid, or at any Time since that Time, and of all Debts owing to me, or to any Person or Persons in Trust for me, or for my Benefit, either solely or jointly with any other Person or Persons, and of all Securities and Contracts, whereby any Money now is or will or may hereafter become payable, or any Benefit or Advan- [430] tage which may accrue, or might have accrued to me or my Use, or to any Person or Persons in Trust for me or for my Benefit, at the Time I was so first committed to Prison or charged in Custody as aforesaid, and the Names and Places of Abode of the several Persons from whom such Debts are or were due and owing, and of the Witnesses who can prove such Debts or Contracts as remain due or unperformed, so far as I am able to set forth the same; and that neither I nor any Person or Persons in Trust for me, or for my Use and Benefit, to my Knowledge or Belief, have or has any Land, Money, Stock, or other Estate or Effects whatsoever, real or personal, in Possession, Reversion, Remainder, or Expectancy, or of any Nature or Kind whatsoever, or any Power of disposing of, or of charging for my Benefit or Advantage, any Property whatsoever, other than such as are in the said Schedule contained or expressed, except the Wearing Apparel and Bedding for myself and Family, Working Tools, and the necessary Implements for my Occupation and Calling, and other small Necessaries, not exceeding in the Whole the Value of ten Pounds, mentioned and described in the said Schedule, and intended to be excepted from the Assignment intended to be made by me and that I have not, nor hath or have any Person or Persons for me, directly or indirectly, sold, lessened, or otherwise conveyed or disposed of, in Trust or otherwise, except as herein before expressed, or in any Manner concealed any Part of my Lands, Money, Goods, Chattels, Stocks, Debts, Securities, Contracts, Estates or Effects, real or personal, whereby to secure the same for my Benefit, or whereby I may receive, or expect to receive any Profit or Advantage therefrom, or with any Intent to defraud or deceive any Creditor or Creditors, to whom I am or was indebted in anywise howsoever. SO HELP ME GOD."

And that the said Oath shall and may be administered to such Prisoner by such Court, or by any Officer of such Court, appointed by such Court for that Purpose, And the said Petition, and Schedule, and Oath, shall be respectively subscribed by such Prisoner, in the Presence, of the Person by whom such Oath shall be administered, who shall certify the subscription thereof respectively by such Prisoner; and such, Petition, Schedule, and Oath shall be filed in the said Court, which Court shall thereupon Name a Day for Hearing the Matter of such Petition, and a Copy of such Petition, Schedule, and Oath, shall be served by the proper Officer, on the [431] several Person or Persons who shall be specified in such Petition as the Person or Persons at whose Suit such Prisoner shall be then detained in Custody, or on his, her, or their Attorney or Solicitor, in the Action or Actions, Suit or Suits, in respect of which such Prisoner shall be so detained, together with a Copy of the Order of the Court upon such Petition, twenty Days at the least before the Day appointed for Hearing the Matter of such Petition, by delivering such Copies respectively to such Person or Persons respectively, or leaving the same with the Wife, Clerk, or Servant of such Person or Persons respectively, at his, her, or their usual Place of Abode, and Notices, in Writing, that such Petition had been presented, and such Schedule and Oath filed in the sad Court, together with a Copy of the Order on such Petition, shall be served in like Manner on all and every Person or Persons named or described in the said Schedule as Creditors, or as claiming to be Creditors of the said Prisoner, who shall at the Time of presenting such Petition be resident in the Isle of Man, or shall have been during the Space of the preceding six Months usually resident therein, whether Natives or Foreigners, and against whose Demands such Prisoner shall seek to he discharged, or on the Attorney or Solicitor of any Creditor, in Any Action or Suit brought against such Prisoner for the Demand of such Creditor, and such Service shall, on the Hearing of the Matter of the said Petition be proved on Oath, to the Satisfaction of the Court.

Provided always; And be it further enacted, That it shall be lawful to the said Court to substitute any other Mode of Notice, which, under all the Circumstances of the Case may appear to be reasonable; and upon such Notice so given to the Satisfaction of the Court, it shall be lawful for the said Court to proceed on such Petition, with Respect to such Creditors as shall be named or described in such Notice, in the same Manner as the said Court might have done if such Creditors had been respectively served with Notice as hereinbefore directed.

Provided always, and be it enacted, That in Case it shall be made to appear to the Satisfaction of the said Court, that any of the Persons required to be served with such Petition, Schedule, Oath, Order or Notice, is or are beyond the Seas, and cannot be found so as to be served with such Petition, Schedule, Oath, and Order, as required by this Act, it shall be lawful for the said Court to proceed upon the said Petition notwithstanding such Defect in the Service thereof; [432] but in such Case such Prisoner shall not he in any Manner discharged from the Demands of the Person or Persons who shall not be so served, unless such Person or Persons shall appear before the said Court and oppose the Discharge of such Prisoner, or Consent to the Proceeding of the Court, notwithstanding any such Deflect of Service.

Provided also, and be it further enacted, That in case of any Defect in the Service of such Petition, Schedule, Oath, or Order, it shall be lawful for the said Court, from Time to Time, to allow further Time for such Purpose, and to make. an Order or Orders for adjourning the Hearing of the Matter of the said Petition, in the Whole, or with respect to any particular Person or Persons, to give Opportunity for such Service: and in case the said Petition, Schedule, Oath, and original Order, together with such further Order or Orders, shall be duly served, according to the Provisions of this Act, on the Person or Persons not before duly served, twenty Days before the Day appointed for Hearing the Matter of the said Petition on any such further Order, it shall be lawful for the said Court to proceed on such Service as the said Court might have done, if the said Petition, Schedule, Oath, and original Order had been duly served, according to the Provisions before contained in this Act.

And be it further enacted, That upon the Day appointed by the said Court for the Hearing the Matter of the said Petition, or upon such subsequent Day as the said Court shall appoint for such Purpose, the said Court shall cause such Prisoner to be brought before the said Court to be examined, touching the Truth of the Matter contained in the said Petition and Schedule; and any of the Creditors of such Prisoner. and any of the Persons named or described in such Schedule, as claiming to be Creditors of any such Prisoner, and any Person or Persons not named or described in such Schedule, who shall claim to be a Creditor or Creditors of such Prisoner, shall be at Liberty to oppose such Petition, and for that Purpose to put such Questions to such Prisoner as the Court shall think fit, touching the Matters contained in such Petition and Schedule, and touching such other Matters as the Court shall be of Opinion it may be proper and fit that such Questions should be put for the due Execution of this Act; and such Prisoner shall answer all such Questions upon Oath; and in case such Prisoner shall not answer all such Questions to the Satisfaction of the said Court, or in case it shall be made. appear to the Satisfaction of the [433] said Court, from such Answers as shall be given by such Prisoner or by Evidence, that such Prisoner is not intitled to the Benefit of this Act, then, and in such Case, such Court shall so declare and shall remand such Prisoner to Custody: Provided always, that in case such Court shall entertain any Doubt, touching any Matter alleged against such Prisoner, to prevent his or her Discharge or touching the Examination of such Prisoner, it shall be lawful for such Court to remand such Prisoner to Custody, and afterwards to cause such Prisoner to be again brought up for Examination as often as to such Court shall seem fit.

And he it further enacted, That in case any Person or Persons, claiming to be a Creditor or Creditors of any Prisoner, shall oppose the Petition of such Prisoner for his or her Discharge, such Person or Persons, although not duly served with such Petition, Schedule, Oath, or Order, as aforesaid, shall be considered as having had due Notice thereof, and the Name or the Names of such Person or Persons shall be added to the said Schedule by the said Court, either as Creditors or Creditors, or as claiming to be a Creditor or Creditors to such Prisoner.

And be it further enacted, That in case the said Court shall be of Opinion that such Prisoner is intitled to the Benefit of this Act, then, and in such Case, the said Court shall so order and adjudge, and shall in such Order, specify the several Creditors and Persons claiming to be Creditors of such Prisoner, who shall appear to have been duly served with Notice of such Proceedings, or who shall have appeared before the said Court, and opposed the Discharge of such Prisoner, or consented to the Proceeding of the Court with respect to their Demands, notwithstanding any Defect of Service of such Notice; and the said Court shall, in such Order, also specify the several Persons against whose Demands such Prisoner shall be deemed by such Court intitled to be discharged by Virtue of this Act : and such Court shall order and direct such Prisoner to convey, assign, and deliver up to the Clerk of the Rolls, for the Time being, all such Part of the Estate and Effects of such Prisoner as shall be situated within the Isle of Man, for the Purposes of this Act; together with an Engagement to be executed by such Prisoner, to pay so much of the just Debts and Demands of the several Persons against whom such Prisoner shall, by such Court, be adjudged to be intitled to the Benefit of this Act, as shall not be paid unto such Part of such Estate and [434] Effects, so to be conveyed and assigned, as aforesaid, by such Prisoner for such Purpose, or out of such other Estate and Effects as may not be situated within the Isle of Man, in Manner hereinafter mentioned, in case he or she shall, at any Time thereafter, be enabled to pay such Debts and Demands, pr to pay such Part or Parts thereof as he or she shall be able, at any time, to pay from and out of any future Estate or Effects, which he or she may become possessed of within the said Isle; and shall also order all Books, Papers, and Writings, in the Custody or Power of such Prisoner, relating to such Part of the Estate and Effects of such Prisoner as may be situated in the said Isle, and the Demands of his or her Creditors therein to be delivered, on Oath, to the Clerk of the Rolls; and as to all such other Part of the Estate and Effects of such Prisoner as shall not be situated within the Isle of Man, the said Court shall order and direct that such Prisoner shall execute a sufficient Engagement, by Bond or otherwise, for the Payment and making good of any Deficiency which may arise after the Distribution of such Part of his or her Estate and Effects as shall be situated within the Isle of Man, and as shall have been so conveyed and assigned for the Purposes aforesaid, out of such other Part of his or her Estate and Effects as shall not be situated within the said Isle, and out of any other future Estate and Effects which he or she may, at any Time thereafter, possess out of the said Isle; and the said Court shall further order and direct, that such Prisoner shall execute a sufficient Power or Powers of Attorney, authorising any Person or Persons whom the Court shall appoint, to enter up a Judgment or Judgments against such Prisoner in any of the superior Courts of Great Britain, Ireland, or of any other Country or Place, as the said Court shall direct, at the Suit of any Person or Persons whom the said Court shall appoint, in an Action or Actions of Debt, or Bond, or otherwise, for the Amount of such Deficiency, as nearly as the same can be calculated; which shall be in Trust for the Benefit of the Creditor or Creditors of every such Prisoner against whom such Prisoner shall have obtained his or her Discharge, by Virtue of this Act, and shall be applied and distributed under the Order of the said Court. Provided always, that if any Overplus shall remain from the Sum or Sums of Money recovered on such Judgment or Judgments as aforesaid, after the full Payment of what may remain due to such Creditors as aforesaid, together with all the Costs and Charges [435] of such Proceedings, the same shall be returned to such Prisoner under the Directions of the said Court; and upon due Execution of all such Conveyances, Assignments, Engagements, Bonds, and Powers of Attorney, and delivery of such Books, Papers, and Writings as aforesaid, as the said Court shall direct, such Court shall order such Prisoner to he discharged from Custody, and Judgment shall thereupon be entered in such Court against such Prisoner, in pursuance of such Engagements as aforesaid, which Judgment shall and may, if the Court shall so order, be executed against all such future Estate and Effects of such Prisoner, as he or she shall at any Time thereafter possess within the Isle of Man, in such Manner as the said Court shall direct, and shall bind the Assets of such Prisoner, real and personal, in the Hands of his Heirs, Executors, and Administrators, for the full Amount of the Debts and Demands aforesaid, which shall remain unsatisfied, or so much of such Debts and Demands as the Court shall be of Opinion ought to be satisfied; and Execution shall be had upon such Judgments in such and the same Manner as Execution may be had upon any other Judgments any of the Courts of Law or Equity within the Isle, nevertheless, according to the Orders of the said Court by Virtue of this Act, and in Conformity to the Provisions in this Act contained.

And be it further enacted, That all such Property, Goods and Effects, of such Prisoner, so conveyed, assigned, and delivered to the Clerk of the Rolls, shall be, by the proper Coroner, appraised, published, and sold, in such and the like Manner and Form as other Goods taken in Pawn or Execution under Judgments, are by the Laws of the said Isle appraised, published, and sold; and the said Coroner shall be intitled to the like Poundage and Fees upon the Sales of the same as upon the Sales of other Goods taken in Pawn or Execution aforesaid; and the said Coroner shall, with all convenient Speed, deposit and lodge the nett Proceeds thereof in the Rolls Office, together with a full, true, and particular Return of all his Proceedings therein, to be filed with the Petition of such Debtor; and the Clerk of the Rolls shall, within one Month after such Proceeds are so lodged in the Rolls Office, proceed and make a fair and equal Distribution of such Prisoner's Estate and Effects, to and amongst the Creditors of such Prisoner, rateably and proportionably with their respective Demands; for all which the Clerk of the Rolls shall be intitled to charge a fair Compensation for his [436] Trouble, subject nevertheless to the Controul of the said Court.

And be it further enacted, That all and every Person who shall at any Time after the presenting of any such Petition and Schedule, voluntarily come and make Discovery of any Part of such Prisoner's Estate, not specified in the said Schedule, and not before come to the Knowledge of the said Court, shall be allowed five Pounds per Centum, and such further and other Reward as the major Part in Value of the Creditors of such Prisoner, present at any Meeting of the said Creditors, shall think fit to be paid by the Clerk of the Rolls, out of the nett Proceeds of such Prisoner's Estate which shall be recovered on such Discovery.

And be it further enacted, That all and every Person and Persons, who hath or have accepted, or shall accept any Trust or Trusts, or shall be possessed of and wilfully conceal or protect any Estate, real or personal, of any Prisoner who shall be discharged under the Authority of this Act, and knowing such Discharge, shall not, within the Space of six Calendar Months, after such Discharge, disclose such Trust and Estate, in Writing, either to the Clerk of the Rolls, or to the said Court and submit himself, herself. and themselves, to be examined touching the same, upon Oath, before the said Court, and truly discover and disclose the same and all the Particulars thereof, shall forfeit any Sum not less than five Pounds, nor more than one hundred Pounds, to and for the Use of our Sovereign Lord the King; and it shall be lawful for such Court to order such Person to be imprisoned until Payment of such Forfeitures. Provided nevertheless, that in case any such Person shall make it appear to the Satisfaction of the said Court, that he or she is unable to pay the said Forfeitures, that then such Person shall not be detained a Prisoner under this Act, longer than the Space of two Years from the Time of his or her original Commitment.

And be it further enacted, That if any Prisoner who shall apply for his or her Discharge, under the Provisions of this Act, shall wilfully forswear and perjure himself or herself in any Oath to be taken under this Act, and shall be lawfully convicted thereof, he or she so offending shall suffer such Punishment. as by Law may be inflicted on Persons convicted of wilful and corrupt Perjury.

And be it further enacted, That no Prisoner who shall have obtained his or her Discharge, by Virtue of this Act, [437] shall at any Time after such Discharge, so long as the same shall remain in Force, be imprisoned by Reason of any Judgment or Decree obtained for the Payment of Money Only, or for any Debt, Damages, Contempt for Non-payment of Money, Costs, or Sums of Money contracted, incurred, occasioned, owing or growing Due with respect to which such Discharge shall have been obtained; but that upon every Arrest, upon any such Judgment or Decree, or for any such Debt, Damage, Contempt, Costs, Sum and Sum of Money, it shall and may be lawful for any Judge of the Court, from which such Process shall have been issued, upon shewing to such Judge a Copy of the Order for such Discharge as aforesaid, and upon Affidavit that such Discharge remains in Force, to release from Custody such Prisoner as aforesaid, and at the same Time, if such Judge shall in his Discretion think fit to order the Plaintiff or Plaintiffs in such Suit or Suits, or other Persons suing out such Process, to pay such Prisoner the Costs which he or she shall have incurred on such Occasion, or so much thereof as to such Judge shall seem just and reasonable.

Provided always, That no Prisoner shall be discharged by Virtue of this Act, of any Debt, or other Matter accrued or incurred subsequent to the Application of such Prisoner to be so discharged; and if it shall appear to the said Court that any Prisoner applying to be discharged as aforesaid, stands charged in Custody with any Debt or other Matter accrued or incurred, subsequent as well as previous to such Application, then and in such Case it shall and may be lawful to and for such Court to Discharge the Person of such Prisoner only from such Debts or other Matters as had accrued or been incurred previous to such Application, and to remand him or her back to the Custody of the Keeper of the Prison from whence he or she was brought, for all Debts and other Matters for which he or she shall stand charged, and which shall have accrued or been incurred subsequent to such Application.

Provided always, That in case it shall appear to the Satisfaction of the Court, that any Prisoner who shall apply for a Discharge by Virtue of this Act, has wantonly wasted his or her Estate and Effects whilst in Prison, or, fraudulently disposed thereof, or any Part thereof, with Intent to deprive his or her just Creditors of the Benefit thereof, or has wilfully remained in Prison, although intitled to be discharged therefrom by Virtue of this Act,, or otherwise, with Intent [438] to consume his or her Property in Prison, instead of applying the same to the Discharge of his or her just Debt, such Prisoner shall not be intitled to the Benefit of this Act, unless on special Circumstances the said Court shall think fit to grant such Discharge.

Provided also, That Nothing in this Act contained shall extend, or be construed to extend, to Release or Discharge any Attorney at Law, Solicitor, or any other Person acting or pretending to act as such, with Regard to any Debt or Demand for any Money or other Effects recovered or received by him, for the Use of any Person or Persons, Bodies Corporate or Politic, and by any such Attorney, Solicitor, or other Person acting as such, embezzled, concealed, or converted to his Use, or to Release or Discharge any Servant or other Person employed or intrusted as such with Regard to any Debt or Demand, for or on Account of any. Money, Goods, or other Effects, received or possessed by him or her for the Use and Account of his or her Master or Masters, Employer or Employers, and by such Servant or, other Person so embezzled, concealed, or converted to his or her own Use; or to Release or Discharge any Person with Regard to any Debt or Demand arising from or created by any Breach of Trust or Confidence; anything herein contained to the contrary thereof in anywise notwithstanding, unless the Person or Persons to whom such Debt or Demand shall be due or owing shall Consent to the Discharge of such Prisoner by Virtue of this Act, or unless such Prisoner shall have been confined in Prison for such Debt or Demand for the Space of ten Years before the Time when such Prisoner shall apply for his or her Discharge by Virtue of this Act.

Provided also, That no Prisoner, who knowingly and designedly, by false Pretence or Pretences, or under any fictitious Name or Names, assumed for the Purposes of obtaining Credit, or by any other fraudulent Means shall have obtained from any Person or Persons, Money, Goods, Wares, Merchandizes, Bonds, Bills of Exchange, Promissory Notes, or other Securities for Money or other Effects, or who shall have contracted any Debt, by fraudulently obtaining false Credit, or by any other fraudulent Means, or who shall have fraudulently removed or caused to have been removed, any Stock, Cattle, Goods, and Effects, which were subject or liable to be distrained by his or her Landlord or Landlords, for any Rent or Rents, whereby such Landlord or Landlords [439] shall have lost all or some Part of such Rent or Rents, shall have any Discharge by or under this Act, from the Debt or Demand arising from or remaining due, in Consequence of such fraudulent Conduct, unless the Person or Persons who shall be intitled to such Debt or Demand, shall Consent to the Discharge of such Prisoner by Virtue of this Act, or such Prisoner shall have been confined in Prison, for such Debt or Demand for the Space of five Years before the Time when such Prisoner shall apply for his or her Discharge by Virtue of this Act.

Provided also, That no Prisoner, who shall have suffered any Person, who has become Bail or Security for such Prisoner, to be discharged in respect of such Bail or Security, shall be discharged by Virtue of this Act, from any Debt or Demand arising on such Account, without the Consent of the Person or Persons intitled to such Debt or Demand.

Provided also, That no Prisoner who shall be charged in Execution for Damages recovered in any Action for Criminal Conversation with the Wife of the Plaintiff in such Action, or in any Action for seducing or carnally knowing the Daughter or female Servant of the Plaintiff in such Action, or in any Action for a malicious Prosecution, or in any Action for any other malicious Injury, shall have any discharge from such Debt or Damages under this Act, unless the Person or Persons intitled to the Benefit of such Debt or Damages, shall Consent to the discharge of such Prisoner, by Virtue of this Act, or unless such Prisoner shall have been confined in Prison for such Debt or Damages for the Space of five Years before the Time when such Prisoner shall apply for his or her discharge under this Act.

And whereas Debtors may, with a View to defraud their Creditors, sell, transfer, convey, or assign, their Estate and Effects, or some Part thereof, but it may be difficult to prove that such Sale or Transfer, Conveyance, or Assignment, was made with a fraudulent Design; be it enacted, that whenever it shall be proved by one or more credible Witness or Witnesses, or by the Confession of any Prisoner, who shall apply for his or her discharge, by Virtue of this Act, that such Prisoner has since the Time of contracting any Debt of or from which he or she shall so seek to be discharged, sold, transferred, conveyed, or assigned to any Person or Persons, all or any Part of his Estate or Effects, subsequent to the Time of his Imprisonment, without just Cause for so doing, (to be determined by the Court), and such Sale, [440] Transfer, Conveyance or Assignment, shall remain in Force, so that the Creditors of such Prisoner cannot have the Benefit of such Estate and Effects, under this Act, without Suit at Law or Equity, every such Prisoner shall lose all Benefit and Advantage that he or she might otherwise have claimed under the Authority of this Act, unless all the Creditors of such Prisoner, against whom such Prisoner shall seek to be discharged by Virtue of this Act will Consent to such discharge.

And whereas many Prisoners squander their Property, by playing at Cards, Dice, and other Games, whilst in Prison, to the great Injury of their Creditors; be it enacted, That Nothing in this Act shall extend, or be construed to extend, to discharge or Release any Prisoner who hath or shall have lost, since the Time of his or her Commitment to Prison, for any Debt with which he or she shall stand charged at the Time when Application shall be made for his or her discharge, by Virtue of this Act, the Sum or Value of five Shillings in any one Day, or five Pounds in the Whole, since such Commitment as aforesaid, in playing at or with Cards, Dice, Tables, Tennies, Rackets, Bowls, Billiards, or any other Game or Games whatsoever, or in or by bearing a Share or Part in the Stakes, Wagers, or Adventures, or by betting on the Sides or Hands of such as do play as aforesaid, unless all the Creditors of such Prisoner against whom such Prisoner shall seek to be discharged, by Virtue of this Act, shall Consent to such discharge, or unless such Prisoner shall have been confined in Prison for the Space of five Years at the least since the Time when any such Money was so lost as aforesaid.

Provided also, That if any Prisoner seeking the Benefit of this Act shall appear to the Court to whom Application shall be made for such Purpose, to have made, within five Years before the Application of such Prisoner to be discharged, by Virtue of this Act, any Conveyance or Assignment of all or any part of his or her Estate or Effects, in Trust or otherwise, for the Benefit of any particular Creditor or Creditors, with Intent to give any undue Preference to such Creditor or Creditors, and afterwards to obtain a discharge from the Demands of any other Creditor or Creditors, by Virtue of this Act, such Prisoner shall have no Benefit of this Act, unless such Person or Persons, for whose Benefit any such Conveyance or Assignment shall have been made, shall first relinquish the same, and all such Part of such Estate and [441] Effects, as shall be situated within the Isle of Man, shall be conveyed and delivered to the Clerk of the Rolls, for the Benefit of all the Creditors against whose Demands such Prisoner seeks to be discharged, under the Provisions of this Act, or unless all the Creditors against whom such discharge shall be sought, shall Consent thereto.

Provided always, and be it further enacted, That this Act shall not extend, or be construed to extend, to discharge any Prisoner seeking the Benefit of this Act, with respect to any Debt, Fine, or Penalty, with which he or she shall stand charged at the Suit of the Crown, or of any Person for any Offence committed against any Act or Acts of the Parliament of the United Kingdom of Great Britain or Ireland, relative to His Majesty's Revenues of Customs, Excise, or Salt Duties, or any of them or any Branches of the said public Revenue, unless three of the Lords Commissioners of His Majesty's Treasury, for the Time being, shall certify under their Hands, their Consent to the discharge of such Prisoner, upon the Terms and Conditions prescribed by this Act.

Provided always, and be it further enacted, That no Person who shall have been at any Time discharged by Virtue of this Act, shall again be intitled to the Benefit thereof, within the Space of five Years after such discharge, unless Three-fourths in Number and Value of the Creditors against whom such Person shall seek to be discharged, by Virtue of this Act, shall signify his, her, or their Assent to such discharge, or it shall be made appear to the Satisfaction of the Court, that such Person has since his or her former discharge endeavoured, by Industry and Frugality, to pay all just Demands upon him or her, and has incurred no unnecessary Expence, and that the Debts which such Person has incurred, subsequent to such former discharge, have been necessarily incurred for the Maintenance of such Person, or his or her Family, or that the Insolvency of such Person has arisen from Misfortune or from Inability to acquire Subsistence for himself or herself, and his and her Family, or from Debts incurred prior to such former discharge, to which such discharge did not extend, or from Debts incurred subsequent to such discharge, in consequence of Engagements entered into or Acts done prior to such discharge.

Provided always, and be it further enacted, That in Case any Creditor against whom any Prisoner shall have obtained his or her discharge, by Virtue of this Act, shall apply to [442] the said Court to avoid such discharge as improperly obtained, and upon such Application it shall appear to the Satisfaction of the Court, that such Prisoner has acted in any Manner fraudulently in obtaining such discharge, or has wilfully concealed any of his or her Estate or Effects, by not specifying or not properly specifying the same in such Schedule as aforesaid, for the Purpose of depriving the Creditors, against whom he shall have obtained such discharge, of the Benefit thereof, it shall be lawful for such Court to declare the discharge so obtained by such Prisoner null and void; and it shall thereupon be lawful for any Creditor or Creditors of such Prisoner, against whom such discharge shall have been obtained, to proceed against such Prisoner as if such discharge had not been obtained, such Creditor or Creditors relinquishing all Benefit of the Assignment of the Estate or Effects of such Prisoner, which shall remain unapplied by the Clerk of the Rolls: And any of such Creditors who shall have detained such Prisoner in Custody at the Time of such discharge, shall be at Liberty to apply to such Court to remand such Prisoner accordingly by Warrant, under the direction of the Court, which Warrant shall be executed by an Officer of the said Court, to be appointed for the Purpose, and shall be a sufficient Authority for the Arrest and Detention of such Prisoner upon the Process from which such Prisoner was before discharged; and so much, if any, of the Estate or Effects of such Prisoner as shall then remain in the Hands of the Clerk of the Rolls, after paying all just Charges and Expences, shall be re-conveyed or re-assigned or paid to such Prisoner as the said Court shall direct, but so much of such Estate and Effects as shall have been before applied in Payment of the Debts of such Prisoner, shall be retained by the Creditors who shall have received the same in Part of their respective Demands.

And be it further enacted by the Authority aforesaid, That in Case any Prisoner who shall have been discharged by Virtue of this Act, shall, become able to pay all or any Part of the Debts due from him or her, and against which he or she shall have obtained such discharge, after a reasonable Allowance for the Maintenance of such Debtor and his or her Family, and Payment of his or her Debts, contracted after such discharge, or to which such discharge did not extend, it shall and may be lawful for any Creditor or Creditors against whom he or she shall have obtained. such discharge, to apply to the Court for Liberty to proceed against such [443] Debtor, notwithstanding such discharge. And in case it shall appear to the Satisfaction of such Court that such Debtor is of Ability to pay such Demand or any Part thereof, it shall be lawful for such Court to revoke such discharge, either wholly or upon Payment of such Sum or Sums of Money, for the Benefit of the Persons against whom such discharge shall have been obtained, either in gross or by several Payments, as to such Court shall appear reasonable, or to permit Execution to be taken out on the Judgment entered up in such Court upon the Engagement of such Prisoner for such Sum of Money as the said Court shall think fit, to be distributed rateably amongst the Creditors intitled under such Engagements, and such Proceedings shall and may be had according to the discretion of the said Court from Time to Time, until the Whole of the Debts due to the several Persons, against whom such discharge shall have been obtained, shall be fully paid and satisfied, together with such Costs as such Court shall think fit to award; provided always, that in case any such Application shall appear to the Court to be ill-founded and vexatious, it shall be lawful for the Court not only to refuse to make any Order on such Application, but also to dismiss the same with such Costs as to the Court shall appear reasonable.

And be it further enacted by the Authority aforesaid, That in all Cases in respect to which no special directions are given by this Act, it shall and may be lawful for the Court to give such Directions and Orders as to such Court may appear to be just and reasonable in furtherance of this Act.

And be it further enacted, That this Act shall continue in Force for the Space or Term of two Years from the Promulgation thereof and no longer, save and except as to all Cases which shall have been determined under the same before the said Term of two Years shall be expired; and also save and except as too all such Cases as shall be commenced under the said Act, and shall be depending and not determined before the Expiration of the said two Years, respecting which Cases so determined or so depending this Act is declared to continue in Force.

   

C. Smelt, Lieut.-Governor.

John F. Crellin, Deemster.

William Scott.

   

John Cosnahan.

   

W. Frankland.

   

Thomas Stowell.

   

Thomas Stephen.

[444] The Keys.

Thomas Gawne,

Robert Banks,

William Cuninghame,

John Quane,

Edward Gawne,

John Llewellyn,

W. Fitzsimmons,

Robert Farrant,

John Hughes,

Robert Quayle,

Thomas Corlett,

John Gelling,

Thomas Harrison,

Edward Cotteen.

John Caesar Gelling,

 

At a Tynwald Court, holden at St. John's Chapel, the 24th Day of March, 1814

The before written Acts of Tynwald, intituled, "An Act for the more easy Recovery of Debts contracted out of the Limits of the Isle of Man," and "An Act for the Relief of Insolvent Debtors in the Isle of Man," having received the Royal Assent, as signified b the Order of His Royal Highness the Prince Regent in Council, given at the Court at Carlton House, the 7th Day of March, 1814, and transmitted by the Right Hon. Viscount Sidmouth, one of His Majesty's Principal Secretaries of State, in a Letter addressed to the Lieut.-Governor of this Island, bearing Date the 8th of March, 1814, the said Acts were this Day promulgated on the Tynwald Hill, in the usual Form, as witness our Subscriptions:

   

C. Smelt, Lieut.-Governor.

John F. Crellin, Deemster.

William Scott.

   

Thomas Stowell.

   

Thomas Gawne,

   

Daniel Mylrea,

   

Thomas Stephen.

The Keys.

Robert Farrant,

William Fitzsimmons,

John Gelling,

John Moore,

Thomas Corlett,

William Cuninghame,

John Quane,

John Hughes,

Thomas Harrison,

Edward Gawne,

Robert Banks,

Robert Quayle,

Edward Cotteen.

Wm. L. Drinkwater,

John Llewellyn,

John Caesar Gelling.

[445]

ISLE OF MAN, to wit.

At a Tynwald Court holden at Castle Rushen, the 5th Day of July, in the fifty-fifth Year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace Of GOD, of the United Kingdom 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 fifteen, before the Honourable CORNELIUS SMELT, Lieutenant Governor, the Council, Deemsters, and Keys of the said Isle:

An Act for continuing until the tenth Day of October, one thousand eight hundred and seventeen, 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 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, and whereas it is expedient that the said Act of Tynwald should be continued in Manner hereinafter mentioned, We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieut.-Governor, Council, Deemsters, and Keys of the said Isle of Man, 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 the said recited Act of Tynwald 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 seventeen.

   

C. Smelt, Lieut.-Governor.

   

G. Sodor and Man.

John F. Crellin,

}

Deemsters

William Scott.

Norris Moore,

John Cosnahan.

   

Thomas Stowell.

   

Thomas Gawne,

   

Daniel Mylrea.

   

Thomas Stephen.

[446] The Keys.

John Taubman,

William Cuninghame,

John Moore,

Edward Cotteen,

John Caesar Gelling,

J. Cuming,

John Hughes,

John Gelling,

Robert Farrant,

Thomas Corlett,

George Quayle,

William Fitzsimmons,

John Llewellyn,

Robert Quayle.

At a Tynwald Court, holden at St. John's Chapel, the 14th Day of September, 1815.

The before written Act of Tynwald, intituled, "An Act for continuing until the 10th Day of October, 1817, an Act of Tynwald, passed in the 53rd 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, as signified by the Order of His Royal Highness the Prince Regent in Council, given at the Court at Carlton House, the 17th Day of August, 1815, and transmitted by the Right Honourable Viscount Sidmouth, one of His Majesty's Principal Secretaries of State, in a Letter addressed to the Lieutenant Governor of this Island, dated 24th August 1815, the said Act was this Day promulgated on the Tynwald Hill in usual Form, as witness our Subscriptions:

   

C. Smelt, Lieut.-Governor.

   

G. Sodor and Man.

John F. Crellin, Deemster.

William Scott.

   

Thomas Stowell.

   

Thomas Gawne,

   

Daniel Mylrea.

   

Thomas Cubbon.

   

Thomas Stephen.

The Keys.

John Taubman,

Calcott Heywood,

John Corlett,

Wm. Leece Drinkwater,

Wm. Fitzsimmons,

John Llewellyn,

John Moore,

George Quayle,

John Caesar Gelling,

Edward Gawne,

Wm. Cuninghame,

Robert Quayle,

John Hughes,

John Gelling,

Thomas Mylrea,

Thomas Harrison.

[447]

ISLE OF MAN, to wit.

At a Tynwald Court holden at Castle Rushen, the 21st 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 Kingdom 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.


 

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