[from Mills' Statutes, 1821]

An Act for altering and amending the Criminal Law of the said Isle.

Whereas by an Act of Tynwald, promulgated in the Year of our Lord one thousand seven hundred and thirty-seven, it is enacted, "That no Court, Judge, or Magistrate within this Isle whatsoever, shall have Power or Authority for the Future, to impose or inflict any Fines or Punishment upon any Person or Persons within the said Isle, for or on Account of any Criminal Cause whatsoever, until he, she, or they be first convicted by the Verdict or Presentment of four, six, or more Men, as the Case shall require, upon some Statute Law in force in the said Isle." And whereas Doubts may be entertained, whether such Act of Tynwald extends to Treasons and Felonies at and by the Common Law of the Island, or only to other smaller Crimes, Offences, and Misdemeanors; We, therefore, your Majesty's most dutiful and loyal Subjects, the Lieutenant Governor, Council, Deemsters, and Keys of the said Isle, do humbly beseech your Majesty, that it may be enacted, and be it enacted, by the King's Most Excellent Majesty, by and with the Advice and Consent of the Lieutenant Governor, Council, Deemsters, and Keys of the said Isle, in Tynwald assembled, and by the Authority of the same, That the said Act of Tynwald shall not be construed to extend to any Treason or Felony, which subsists at, by, or under, the Common Law of the said Isle.

And whereas it is expedient that certain Treasons, Felonies, Misdemeanors, Crimes, and Offences should be described with greater Certainty than has hitherto been done by the Laws of the said Isle, and that certain other Crimes and Offences should be enacted and declared to be Treasons, Felonies, and Misdemeanors; be it therefore further enacted, by the Authority aforesaid, as follows:—

I.— That the felonious and traitorous compassing or imagining the Death of out Sovereign Lord the King, of our Lady the Queen, or of their eldest Son and Heir, is and shall be held to be High Treason, and punishable by Death.

II.— That the felonious and traitorous Violation of the King's Companion, or King's eldest Daughter unmarried, or the Wife of the King's eldest Son and Heir, is and shall be held to be High Treason, and punishable by Death.

III.— That the felonious and traitorous levying War against our Sovereign Lord the King in his Realm, is and shall be held to be High Treason, and punishable by Death.

IV.— That the felonious and traitorous adhering to the King's Enemies in his Realm, the giving them Aid and Comfort in the Realm or Elsewhere, is and shall be held to be High Treason, and punishable by Death.

V.— That the felonious and traitorous counterfeiting the King's Great Seal, or Privy Seal, or his Sign Manuel, or Privy Signet, is and shall be held to be High Treason, and punishable by Death.

VI.— That the felonious and traitorous making and counterfeiting the King's Money, or the bringing false Money into the said Isle, counterfeit to the King's Coin, knowing such Money to be false, to Merchandize and making Payment withal, is and shall be held to be High Treason, and punishable by Death.

VII.— That the felonious and traitorous slaying the King's Governor, the King's Lieutenant Governor, the Members of the Council, or any of them, the Deemsters, or either of them, the Keys, or any of them, being in their Places, doing their Offices, is and shall be held to be High Treason, and punishable by Death.

And be it further enacted by the Authority aforesaid, That Nothing shall be adjudged to be High Treason in the said Isle, but what is in and by this Act enacted, declared, and described to be High Treason; and that no Person or Persons shall be attainted of any of the Treasons enacted, declared, and described by this Act, except on some open and overt Act and Deed charged against him, her, or them.

VIII.— That the unlawful and felonious killing another with Malice aforethought, either express or implied, is and shall be held to be Felony and Murder, and punishable by Death.

IX.— That the felonious Ravishment and carnal Knowledge of a Woman against her Will, is and shall be held to be Felony and Rape, and punishable by Death.

X.— That the unlawful and felonious Ravishment and carnal Knowledge of a female Child under the Age of ten Years, either with or without her Consent, is and shall be held to be Felony and Rape, and punishable by Death.

XI.— That the felonious and carnal Knowledge against the Order of Nature, by Mankind with Mankind, or with Brute Beast, is and shall be held to be Felony and Buggery, and punishable by Death.

XII.— That the felonious breaking and entering into the Dwelling House of another by Night, with intent to commit a Felony, any Person or Persons being then inhabiting in such House, is and shall be held to be Felony and Burglary, and punishable by Death.

XIII.— That the felonious, wilful, and malicious burning of the House, Mill, Out-house, Office, Barn, Stable, Ship, Boat, or Vessel of another, any Person or Persons being then in any such Building, Ship, Boat, or Vessel, other than the Perpetrator or Perpetrators of such burning, or the aiding and assisting therein, is and shall be held to be Felony and Arson, and punishable by Death; and that the felonious, wilful, and malicious burning of any Stack of Hay, Stack of Straw, Stack of Furze, Stack of Turf, Stack of Ling, Stack of Fern, Stack of Wood, or Stack of Potatoe Haulm, any such Stacks being adjoining to any House, Out-house, Office, Barn, or Stable, in any of which Buildings any Person or Persons shall then be, other than the Perpetrator or Perpetrators of such burning, or the aiding and assisting therein, is and shall be held to be Felony and Arson, and punishable by Death.

XIV.— That the felonious and forcible stealing, taking, and carrying away from the Person of another, of Goods, Money, or other personal Property, of any Value whatever, by violence, or putting such Person in fear, is and shall be held to be Felony and Robbery, and punishable by Death.

XV.—That the felonious returning from Transportation, or the being seen at large within the said Isle, without lawful Cause, before the Expiration of the Term for which the Offender was ordered to be transported, or had agreed to abjure the Island, or transport himself or herself, is and shall be held to be Felony and punishable by Death.

XVI.— That the felonious and false making, forging, counterfeiting, or altering, or causing or procuring to be falsely made, forged, counterfeited, or altered; or the willingly acting or assisting in the false making, forging, counterfeiting, or altering, any Act of Tynwald, or any Decree, Judgment, or Execution, or any Record or Process of any of the Courts of the said Isle; or any Verdict of any Jury, or Deposition of any Witness, duly taken and signed by or before any Court, Magistrate, or Jury, within the said Isle; or any Deed, Charter, Writing, Sealed Court Roll, Will, Writing Testamentary, Bond, Writing Obligatory, Memorial of the Inrolment or Registration of any Deed or Will, Bill of Exchange, or Promissory Note for the Payment of Money, Indorsement, Assignment or Acceptance of any Bill of Exchange or Promissory Note for the Payment of Money, Acquittance, Receipt, either for Money or Goods, Release or Discharge of any Debt, Account, Action, Suit, or Demand for the Payment of Money; or any Warrant or Order for Payment of Money or delivery of Goods, with intent to defraud any Person or Corporation whatsoever, is and shall be held to be Felony and Forgery, and punishable by Death or Transportation for Life, at the Discretion of the Court of General Gaol Deliver or by Fine and Imprisonment, and with or without Corporal, Punishment, at the Discretion of the said Court.

XVII.— That the felonious uttering or publishing, as true, any false, forged, counterfeited, or altered Act of Tynwald, or any Decree, Judgment, or Execution; or any Record or Process of any of the Courts; or any Verdict of any Jury; or Deposition of any Witness, duly taken and signed by or before any Court, Magistrate, or Jury, within the said Isle; or any Deed, Charter, Writing, sealed Court Roll, Will, Writing Testamentary, Bond, Writing Obligatory, Memorial of the Inrolment or Registration of any Deed or Will, Bill of Exchange, Promissory Note for the Payment of Money, Indorsement, Assignment, or Acceptance of any Bill of Exchange or Promissory Note for the Payment of Money, Acquittance, or Receipt, either for Money or Goods, Release or Discharge for any Debt, Account, Action, Suit, or other Demand, or any Warrant or Order for the Payment of Money or Delivery of Goods, with intent to defraud any Person or Corporation whatsoever, knowing the same to be false, forged, counterfeited, or altered, is and shall be held to be Felony, and punishable by Death or Transportation for Life, at the Discretion of the Court of General Gaol Delivery or by Fine and Imprisonment, and with or without Corporal Punishment, at the Discretion of the said Court.

And be it enacted, that an Act of Tynwald, passed in the Year of our Lord one thousand seven and ninety-seven, intituled "An Act for the Punishment of Forgery, Perjury, Subornation of Perjury, and Cheating or Swindling," shall, as to all Offences which shall be committed after the Promulgation of this Act, be and stand repealed.

XVIII.— That the felonious and unlawful stealing, taking and carrying away of the Goods, Monies, Chattels, Bond, Bill of Exchange, Promissory Note, Bank Note, or any Security for the Payment of Money, of and belonging to any Person or Corporation whatsoever, of the Value of ten Shillings or more, is and shall be held to be Grand Larceny, and punishable by Fine and Imprisonment, with or without Corporal Punishment; or by Transportation for any Term of Years not less than seven, nor exceeding fourteen Years, at the Discretion of the said Court of General Gaol Delivery: Provided always, that nothing herein enacted shall be considered to alter or make void the Act of Tynwald passed on the twenty-fourth Day of June, one thousand six hundred and twenty-nine, so far as the said Act relates to the stealing of any Mutton, Sheep, or Lamb, but the same Act with respect thereto shall remain in full force, virtue, and effect : Provided always, that in all Prosecutions for Grand Larceny, if the Jury by whom the same shall be tried shall be of opinion and find that the Goods stolen are under the value of ten Shillings, such Jury shall proceed and find a Verdict as for Petit Larceny.

XIX.— That the felonious receiving of stolen Goods, Monies, Chattels, Bond, Bill of Exchange, Promissory Note, Bank Note, or any Security for the Payment of Money of the Value of ten Shillings or more, knowing them to be stolen, is and shall be held to be Felony, punishable by Transportation for any term of Years not less than seven, nor exceeding fourteen Years; or with Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the said Court of General Gaol Delivery.

XX.— That the felonious, wilful, and malicious burning of the House, Mill, Out-house, Office, Barn, Stable, Ship, Boat, or Vessel of another or others, no Person or Persons being then therein, other than the Perpetrator or Perpetrators of such burning or the aiding and assisting therein; and that the felonious, wilful, and malicious burning of the Stack of Corn, Stack of Hay, Stack of Straw, Stack of Furze, Stack of Turf, Stack of Fern, Stack of Potatoe Haulm, or Stack of Wood of another, none of such Stacks being adjoining to any House, Out-house, Office, Barn, or Stable; or the aiding and assisting therein, are, and shall be respectively held to, be Felony and Arson, and punishable by Transportation for Life, or Term of Years not less than Seven; or with Fine, and Imprisonment, with or without Corporal. Punishment, at the Discretion of the said Court of General Gaol Delivery.

XXI.— That the felonious, wilful, and malicious shooting at any Person, with an intent to slay or wound such Person, where Death does not ensue, is and shall he held to be Felony, and punishable with Death, or Transportation for Life, or by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the said Court of General Gaol Delivery.

XXII.— That the felonious, violent, and malicious wounding, disabling, mutilating, and disfiguring of another, is and shall be held to be Felony and Mayhem, and punishable by Transportation for seven or fourteen Years, or with Fine and imprisonment, with or without Corporal Punishment, at the Discretion of the said Court of General Gaol Delivery.

XXIII.— And be it further enacted, by the Authority aforesaid, that the making a wilful, corrupt, and false Oath, in any Matter or Cause legally depending in any Suit or Variance, by any Warrant, Citation, Process, Writ, Action, Bill, Libel, Complaint, Petition, Information, or Indictment, in any of the Courts within the said Isle, or before any Magistrate, Jury, Person, or Persons, duly authorized by the Laws of the said Isle, to administer such Oath, is and shall be held to be wilful and corrupt Perjury, and a high Misdemeanor, and punishable by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the said Court.

XXIV.— That the unlawful and corruptly causing or procuring any Person to commit wilful and corrupt Perjury as aforesaid, is and shall be held to be Subornation of Perjury, and punishable by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the Court.

XXV.— That the falsely and designedly obtaining any Monies, Goods, Wares, or Merchandizes, Bill of Exchange, Promissory Note, Bank Note, or any other Instrument in Writing, for the Payment of Money, from any Person or Persons, by Means of any false Token, counterfeit Letter, or by any other false Pretence or Pretences whatsoever, with the Intention to cheat or defraud any Person or Persons, is and shall be held to be Cheating and Swindling, and a Misdemeanor, punishable by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the Court

   

XXVI.— That the knowingly sending or delivering any Letter or Letters, with or without a Name or Names subscribed thereto, or signed by a fictitious Name or Names, Letter or Letters, threatening to accuse any Person or Persons of any Crime punishable by the Laws of the said Isle, with Intent to extort or gain Money, Goods, Wares, or Merchandizes, is and shall be held to be a Misdemeanor, and punishable by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the Court.

XXVII.— That the unlawful stealing, taking, and carrying away of the personal Goods of another, under the Value of ten Shillings, is and shall be held to be Petit Larceny, and a Misdemeanor, punishable by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the Court: Provided that in all Prosecutions for Petit Larceny, if the Jury, by whom the same shall be tried, shall be of Opinion, and find that the Goods stolen are of the Value of ten Shillings or more, such Jury shall proceed, and by their Verdict indict the Offender or Offenders of Grand Larceny.

And be it enacted, by the Authority aforesaid, That the several Provisions and Enactments respecting Grand Larceny and Petit Larceny, contained and enacted in and by an Act of Tynwald, passed in the Year of our Lord one thousand six hundred and twenty nine; and also in and by an Act of Tynwald, passed in the Year of our Lord one thousand seven hundred and fifty three, shall, as to all Offences which shall be committed, after the Promulgation of this Act, be, and the same are hereby severally repealed, except in so far as the same relate to the stealing of any Mutton, Sheep, or Lamb, as herein before mentioned.

XXVIII.-That the doing of wilful and malicious Mischief and Damage to any of the Buildings, Lands, Trees, Shrubs, Mounds, Dikes, Fences, Ships, Boats, Horses, Sheep, Cattle, or to any other Goods and Chattels of another, shall be proceeded against in the Manner prescribed in and by an Act of Tynwald, passed in the Year of our Lord one thousand seven hundred and fifty three, intituled, "An Act for the better preventing Petty Larceny and Trespass," and shall be punishable as a Misdemeanor, by Fine and Imprisonment, besides Compensation to the Party aggrieved, in the Manner prescribed by the said Act.

XXIX.— That the unlawful killing of another without Malice, either express or implied, is and shall he held to be Manslaughter, and a Misdemeanor, punishable by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the Court: Provided that in Trials for Murder, if the Jury shall be of Opinion and find that the Party accused has been guilty of Manslaughter only, the said Jury shall by their Verdict find him or her guilty of Manslaughter.

XXX.— That if any Woman shall conceal her being with Child, during the whole Period of her Pregnancy, and shall not call for Aid and make use of Help and Assistance in the Birth; and the said Child shall be found dead or missing, such Mother shall be held to be guilty of a Misdemeanor, punishable by Fine and Imprisonment: Provided, nevertheless, that Nothing herein contained shall extend or be construed to extend to Discharge the Mother of any such Child from Trial and Punishment for Murder, in Case it shall appear that such Child shall have been murdered by such Mother, or by her Procurement.

XXXI.— That the malicious striking and making Affray in any of the Courts of Justice of the Island, or the using threatening and reproachful Words to the Judge or Court, the Judge or Court being then sitting, is and shall be held to be a Misdemeanor, and punishable by Fine and Imprisonment.

XXXII.— That the wilfully obstructing any Officer or other Person in the Execution of lawful Process; or the wilful Forbearance and Neglect of any Coroner, Constable, or other Officer to execute any Writ, Process, Warrant, or other lethal Instrument, lodged in his Hands for the Purpose of being duly executed; that the breaking Prison by a Person lawfully imprisoned; that the forcibly rescuing or attempting to Rescue a Person who shall be lawfully imprisoned; that the escaping or attempting to Escape by a Person lawfully arrested; that the voluntarily permitting or negligently suffering a Person to escape, who shall have been lawfully arrested or confined; or the wilfully permitting, by any Coroner, Constable, or other Officer, of any Person or Persons to be at large, when such Person or Persons may and ought to be arrested and taken by such Coroner, Constable, or other Officer, are and shall be severally held to be Misdemeanors, punishable by Fine and Imprisonment. Provided always, and be it further enacted and declared, that Nothing herein contained shall extend, or be construed to extend, to affect abridge, or alter the Power of Courts of Justice, and Magistrates, to punish Contempts as formerly accustomed; and that the House of Keys, the Clerk of the Rolls, and the Registers of the Ecclesiastical Courts, when in the Execution of their respective Offices, have and shall have the Power of punishing Contempts in like Manner as any Court or Magistrate within the said Isle.

XXXIII.— That the receiving of stolen Goods, knowing them to have been stolen, under the Value of ten Shillings, is and shall be held to be a Misdemeanor, and punishable by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the Court.

XXXIV.— That the compounding any Treason, Felony, or Misdemeanor, or the taking Money or Goods from a Person accused of any Crime, to forbear to prosecute, is and shall be held to be a Misdemeanor, and punishable by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the Court; and that so much or such Part of an Act of Tynwald, promulgated in the Year of our Lord one thousand seven hundred and thirty seven, as regards the compounding or agreeing not to proceed in any Criminal Prosecution, shall, as to all Offences to be committed after the Promulgation of this Act, be and stand repealed.

XXXV.— That the bribing, or attempting to bribe, any Magistrate; or Person connected in the Administration of Justice, to do any Thing contrary to the Duties of his Office; or for any Magistrate or Person concerned in the Administration of Justice; or for any Gaoler, Coroner, Constable, or other Officer, directly or indirectly, to accept, or offer to accept, any Bribe, Reward, Present, or Gratuity, to do any Thing contrary to the Duty of his Office, or for the forbearance of doing his Duty, is and shall be held to be a high Misdemeanor, punishable by Fine and Imprisonment, and Disqualification to serve his Majesty in any Place of public Trust, and with or without Corporal Punishment, at the Discretion of the Court.

XXXVI.— That the attempting to influence a Jury, or any of the Jurors, corruptly, by Promises, Persuasions, Entreaties, Money, Entertainment, or the like; or for the Jury or any of the Jurors to be so corruptly influenced is and shall be held to be a Misdemeanor, and punishable by Fine and Imprisonment.

XXXVII.— That the stirring up Suits and Quarrels between his Majesty's Subjects either by Law or otherwise, is and shall be held to be a Misdemeanor and Barratry, and, punishable by Fine and Imprisonment.

XXXVIII.— That the assembling of three Persons or more together, with an Intent mutually to assist one another against any who shall oppose them in the Execution of some Enterprize of a private Nature, with Force and Violence against the Peace, or to the manifest Terror of the People, whether the Act intended were of itself lawful or not, such assembling is and shall be held to be an unlawful Assembly, and the Persons concerned shall be punishable as for a Misdemeanor, by Fine and Imprisonment; and if three Persons or more shall violently, riotously, and in a tumultuous Manner, against the public Peace, and to the manifest Terror of the People, do any Act, whether lawful or unlawful, such Persons are and shall be held to be guilty of a Riot, and shall be punishable as for a Misdemeanor, by Fine and Imprisonment.

XXXIX.— That the violent entering into the Possession of Lands or Tenements, in the Occupation of another, with Menaces and Force, without Authority of Law, is and shall be held to be a forcible Entry and Misdemeanor, punishable by Fine and Imprisonment.

XL.— That the unlawful keeping Possession of Lands or Tenements, by Menaces and Force, is and shall be held to be a forcible Detainer and a Misdemeanor, and punishable by Fine and Imprisonment.

XLI.— That the spreading of false News, knowing the same to be false, with Intent to produce Discord and Tumults, and Strife between his Majesty's Subjects, shall be held to be a Misdemeanor, and punishable by Fine and Imprisonment.

XLII.— That the challenging another by Word or Letter, to fight with deadly Weapons, either expressed or implied; or knowingly to be the Bearer of such Challenge, shall be held to be a Misdemeanor, and punishable by Fine and Imprisonment.

XLIII.— That the assaulting another with Intent to Commit Murder, Rape, or Robbery, or any other Capital Crime, is and shall be held to be a Misdemeanor, punishable by Transportation for any Term of Years not less than Seven nor exceeding fourteen Years, or by Fine and Imprisonment, with or without Corporal Punishment, at the Discretion of the Court. Provided that Nothing herein contained shall be construed to extend to do away or alter the Mode of Proceeding in a summary Way without a Jury, in Cases of common Battery, or passionate or provoking Words, as heretofore accustomed. Provided also, and be it enacted, that the Fines imposed by an Ordinance made in the Year of our Lord one thousand six hundred and sixty-one, for Batteries and passionate Words, provoking the same, and recognised by an Act of Tynwald, promulgated in the Year of our Lord one thousand seven hundred and thirty-seven, be respectively altered and increased in Manner following: that is to say, that the Fine upon each Offender, in Cases of common Battery, shall be any Sum not exceeding forty Shillings, nor less than ten Shillings; and that the Fine upon each Offender, in Cases of provoking Language, shall be any Sum not exceeding fifty Shillings, nor less than thirteen Shillings and Fourpence, according to the Degree and Nature of the Offence, as the Court or Magistrate shall think proper to affix, order, and award the same; and that the committing a common Assault without a Blow being struck, or Battery actually committed, shall be tried and punished in like Manner as a common Battery as before mentioned.

XLIV.— That the having two Wives or two Husbands at the same Time, shall be held to be Bigamy and a Misdemeanor, and punishable by Fine and Imprisonment; unless one of the Parties has been continually abroad for seven Years; or unless one of the Parties has been absent within the Island for seven Years, and the remaining Party has no Knowledge of the other's being alive within that Time, or unless there has been a legal Divorce between the Parties.

XLV.— That the malicious defaming or injuring another, by publishing any libellous Printing, Writing, Sign, or Picture, concerning him or her, in order to provoke him or her to Wrath; or to expose him or her to public Hatred, Contempt, or Ridicule; or the scandalous publishing of any obscene, indecent, and immoral Picture, Printing, or Writing, are, and shall be severally held to be Misdemeanors, punishable by Fine and Imprisonment.

XLVI.— That all unlawful, indecent, and scandalous Actings and Doings, not herein before specified, to the Disturbance of the public Peace, and against good Order and good Morals; or to the evil Example of the Subjects of our Lord the King, are, and shall be held to be Misdemeanors, punishable by Fine and Imprisonment.

And be it further enacted by the Authority aforesaid, That in all Cases of Misdemeanors, no Imprisonment shall be for a longer Period than three Years, and no Fine to a greater Amount than five hundred Pounds: Provided that Nothing herein contained shall be construed to extend to do away, prejudice, or affect the right of any Party who shall have been injured by any Misdemeanor, to seek his or her Remedy by Action for the civil Injury which such Party may have sustained by Reason of the same.

And be it further enacted by the Authority aforesaid, That all the said Treasons and Felonies shall be tried in the Court of General Gaol Delivery, upon the Prosecution of his Majesty's Attorney-General of the said Isle for the Time being, for and in the Name and Behalf of the King, and upon Indictments previously found in the accustomed Manner of finding Indictments in Cases of Treason and Felony by the Law of the said Island; and that upon all such Trials, the Prisoner or Prisoners shall have a right to Challenge peremptorily, any Number of the Jurors returned upon the Panel not exceeding Twenty; any Law, Custom, or Usage to the contrary notwithstanding.

And be it further enacted, That whensoever any Person or Persons shall be apprehended upon any Charge of Treason or Felony, or of having committed any Misdemeanor; in such Case, the Party or Parties prosecuting, together with the Witnesses, shall be bound in a Recognizance in some sufficient Sum, to be fixed by the Deemster, to prosecute and give Evidence at the next Court of General Gaol Delivery; or in Case of a Misdemeanor, at the Court of a Deemster, to be holden for the Trial of such Misdemeanor, which said Recognizance and Recognizances shall be entered at the Rolls Office, and if forfeited, be proceeded upon at the Suit of his Majesty's Attorney-General of the said Isle in the Court of Exchequer.

And that the said Misdemeanor shall be tried either upon Information preferred by the Attorney-General, in the Name and on he Behalf of our Sovereign Lord the King, or by Petition, at the Instance of a private Prosecutor or Prosecutors, in the Presence of the Deemsters, or one of them, by and before a Jury of six good and lawful Men of the Sheading wherein the Party or Parties accused, or some or one of them, do or shall reside; or of such other Sheading as may be ordered on good Cause shewn; which Jury shall be impannelled by Order or Warrant of a Deemster, and shall consist of an equal Number of Men from and out of each and every Parish within such Sheading; and that it shall be lawful for a Deemster, on Complaint lodged, by Information or Petition as aforesaid, and Affidavit made to the Truth thereof, to issue his Order or Warrant for apprehending and imprisoning any Person or Persons charged with having committed any of the said Misdemeanors, until he, she, or they give in good and sufficient Security, at the Discretion of such Deemster, to appear and stand Trial for such Misdemeanor when thereunto lawfully required.

And be it further enacted, That Prosecutions for such Misdemeanors shall be commenced and effectually prosecuted within three Calendar Months from the Time of the apprehending and imprisoning of any Person or Persons charged with having committed any of the said Misdemeanors, and not afterwards, unless good Cause be shewn to the said Deemster, why the same should he postponed, and that whenever and as often as any Person or Persons so charged as aforesaid, shall have been so apprehended and imprisoned, such Person or Persons shall have it in his, her, or their Power, to apply for and bring on his, her, or their Trial, and shall also be intitled to and obtain such Time for making his, her, or their Defence, as the Deemster, on Application made, shall think reasonable.

And be it further enacted by the Authority aforesaid, That when and as often as any Person shall be lawfully convicted of High Treason, the Judgment, Sentence, and Punishment shall be, that the Person so convicted be drawn on a Hurdle or Sledge to the Place of Execution, and be there hanged by the Neck until such Person be dead; that the Head of such Person be then severed from his or her Body; and that the Head and Body so severed be at the disposal of his Majesty.

That when and as often as any Person shall be lawfully convicted of Murder, the Judgment, Sentence, and Punishment shall be, that the Person convicted shall be hanged by the Neck until he or she be dead; and that the dead Body of such Person shall be at the disposal of his Majesty, to be anatomized or otherwise dealt with as his Majesty may direct.

That when and as often as any Person shall be lawfully convicted of Felony, punishable by Death, the Judgment, Sentence, and Punishment shall be, that the Person convicted. shall be hanged by the Neck, until he or she be dead.

That when and as often as any Person shall be lawfully convicted of Felony, punishable by Transportation, the Judgment, Sentence, and Punishment shall be, that the Person convicted be transported to such Place beyond the Seas as his Majesty shall direct, and that in the mean Time the Person so convicted be imprisoned, until his Majesty's Pleasure be known, and until His Majesty shall otherwise dispose of the Person so convicted.

And that the said several Judgments and Sentences of the Law, in all Cases of Treason and Felony, shall be pronounced by one of the Deemsters in open Court, immediately after Conviction, unless the said Court of General Gaol Delivery shall see reasonable Cause for postponing the passing of such Sentences and Judgments, or any of them.

And be it further enacted by the Authority aforesaid, That every Person who shall be lawfully convicted of Treason, Murder, or other capital Felony, shall incur and suffer such Forfeiture of Lands and Tenements, Goods and Chattels, as formerly accustomed in Cases of Treason and capital Felonies.

And be it further enacted, That when and as often as any Person shall be lawfully convicted of any Misdemeanor, the Deemsters, or either of them, who shall preside at the Trial of such Misdemeanor, shall receive and caption the Verdict of the Jury, by whom the same shall be tried, and shall transmit such. Verdict, together with the Depositions taken by them upon such Trial, to the Rolls Office, with all convenient speed, and shall, by Warrant or Commitment, order the Person or Persons so convicted to be committed to Prison, there to remain until Sentence or Judgment be passed upon such Person or Persons; and that at the next Court of Exchequer, after the recording of such Verdict and Depositions, the same shall be produced and laid before the said Court by the Clerk of the Rolls for the Time being; and the said Court shall thereupon proceed to pass such Sentence and Judgment upon or against the Person or Persons so convicted as aforesaid, as the said Court shall in its Discretion think fit, according to the Provisions, Limitations, and Restrictions provided by this Act.

Provided always, That no Person convicted of any Treason or Felony, punishable by Death, shall suffer the Punishment of Death, until his Majesty's Pleasure respecting the Execution of the Sentence shall have been signified to the Governor or Lieutenant-Governor of the said Isle for the Time being, by one of his Majesty's Principal Secretaries of State; but such Person shall, after Conviction and Sentence of the Law being pronounced, be remanded to Prison, there to remain until his Majesty's Pleasure be signified in Manner aforesaid; and that the Governor or Lieutenant-Governor of the said Isle for the Time being, shall forthwith report the Case of such convicted Person to one of his Majesty's Principal Secretaries of State, and pray that his Majesty's Pleasure may be signified to him as well respecting the Execution of the Sentence as respecting the disposal of the Body in Cases of Treason and Murder; and the Governor or Lieut. Governor shall also in Cases of Felony, punishable by Transportation, in like Manner, and forthwith report the Case of any Convict sentenced to be transported, and pray that his Majesty's Pleasure may be signified as to the disposal of such last mentioned Convict.

And be it enacted by the Authority aforesaid, That an Accessary or Accessaries before the Fact, in all Cases of Murder or other capital Felony, shall be tried in like Manner and Form as the Principal or Principals in the same Felony, but not before such Principal or Principals hath or have been convicted of such Felony. And that all and every such Accessary or Accessaries being lawfully convicted, shall receive, undergo, and suffer the like Judgment, Sentence, and Punishment as the Principal or Principals in the same Felony, is or are, or shall be, liable unto: Provided that in any Case where the Principal or Principals in any such capital Felony shall escape or elude Trial, that in every such Case the Accessary or Accessaries before the Fact, shall undergo his or her Trial notwithstanding. And that an Accessary or Accessaries after the Fact, in Murder or other capital Felony, shall be held to be guilty of a High Misdemeanor, and punishable by Fine and Imprisonment, and with or without Corporal Punishment, at the Discretion of the said Court.

And be it further enacted by the Authority aforesaid, That an Accessary or Accessaries, either before or after the Fact in all Felonies not Capital, shall be held to be guilty of a High Misdemeanor, and punishable by Fine and Imprisonment, and with or without Corporal Punishment, at the Discretion of the Court.

   

C. Smelt, Lieut.-Governor

   

G. Sodor and Man.

Norris Moore,

}

Deemsters.

Thomas Stowell.

Thomas Gawne,

John Cosnahan.

   

Daniel Mylrea.

   

Thomas Stephen.

The Keys.

George Quayle,

Thomas Harrison,

James Cuming,

Robert Farrant,

William Fitzsimmons,

Robert Quayle,

John Caesar Gelling,

John Quane,

William Cuninghame,

John Hughes,

T. Mylrea,

John Moore,

John Gelling,

Edward Gawne,

John Llewellyn,

John C. Crellin,

Calcott Heywood,

W. L. Drinkwater.

J. J. Heywood,

 
 

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

The before written Act of Tynwald, intituIed, "An Act for altering and amending the Criminal Law of the said Isle," having received the Royal Assent, at the Court at CarIton. House, the 1st of July, 1817; present his Royal Highness the Prince Regent in Council, the said Act was this Day promulgated and published on the Tynwald Hill, according to the ancient Form. and Custom within the said Isle, as witness our Subscriptions:

   

C. Smelt, Lieut.-Governor

   

G. Sodor and Man.

Thomas Gawne, Deemster.

James Clarke, Attorney-Gen.

   

Thomas Stowell.

   

Daniel Mylrea.

   

Thomas Stephen.

The Keys.

John Taubman,

John Quane,

Wm. Cuninghame,

Robert Quayle,

Calcott Heywood,

Wm. Leece Drinkwater.

Thomas Mylrea,

Thomas Harrison,

John Hughes,

John Gelling,

John C. Crellin,

Edward Gawne,

John Moore,

John Llewellyn,

John Quilliam,

John Joseph Heywood.

Robert Farrant,

 
 


 

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