Bailiff, usually, but improperly, called detention for a tide's water, are recoverable in the Court of Admiralty.

t

I proceed now to mention the courts of law for the redress of civil injuries. The courts of the High-bailiff, of the Deemster, and of the Governor, are somewhat similar to the only method of trial known to the civil law. Here the Judge is left to form the sentence in his own breast, upon the credit of the witnesses examined. In other courts the causes are determined by a jury. Trial by jury was common at a very early period, among all the northern nations; so much so, that there are scarcely any records extant on the constitution of those countries that do not mention this tribunal. It was ever justly esteemed a privilege, or rather law, of the most beneficial nature.*

A High-bailiff resides at each of the four towns, and holds his court there once in every week. In the island are seventeen parishes, of which, Lonan, Oncan, Braddon, and Marown, are under the jurisdiction of the Bailiff of Douglas: Malew, Santon, Arbory, and Rushen, of the Bailiff of Castletown: Patrick, German, Michael,

Blackstone,

and Ballaugh, of the Bailiff of Peel; and Jurby, Andreas, Bride, Lezaire, and Maughold, of the Bailiff of Ramsey. This court was instituted so lately as the year 1777.

The High-bailiff is the only judge who takes cognizance of complaints and debts under the value of forty shillings. He usually determine them at the first hearing, in the presence of the parties, who are summoned by his warrant. An appeal or traverse from his decision may, within seven days, be made to the Deemster, the appellant entering into a bond of three pounds, payable to the King, to prosecute the appeal with effect within one month. All appeal bonds, from whatever court, have the same penalty annexed. If the Deemster confirms the former decision, the appellant is obliged to pay the costs of the application, and also the value of the bond, unless mitigated by the court, as it sometimes is, even to ten or five shillings.

There are two Deemsters in the island, one of whom is judge, or chief justice of the southern division, and usually holds his court at Castletown; the other, of the northern division, and usually holds his court at Ramsey. They are not obliged, by law, to sit in these places; but

each may hold his court wherever he may deem most convenient, within his own district. According to Chaloner, he might decide a cause, even walking or riding upon the highway, provided the parties were in his presence. On entering upon the functions of his office he takes the following oath : By this book, and by the holy contents thereof, and by the wonderful works that God hath miraculously wrought in heaven above, and in the earth beneath, in six days and seven nights, I, A. B. do swear that I will, without respect of favour or friendship, love or gain, consanguinity or affinity, envy or malice, execute the laws of this isle justly, betwixt our Sovereign Lord, the King, and his subjects within this isle, and betwixt party and party, as indifferently as the herring's back bone doth lie in the midst of the fish," The summcns of appearance to any party concerned was formerly, and even till the year 1763, nothing more than his name or its initial, marked by the Deemster upon a piece of blue stone or slate. This, with two-pence, was given to the sumner, whose duty it was to shew it to the party, to tell him who was the plaintiff, and let him know the

S

requisite time of appearance.

It is now in

writing upon paper, and costs sixpence.

The Deemster has an extensive jurisdiction, being competent to decide all causes exceeding the value of forty shillings, not being actions where damages are to be assessed, or such as come properly before the Chancellor; all such as respect defamation, slander, or simple breach of peace; and all appeals from the judgment of the High-bailiff. The cause is usually determined at the first hearing; and an appeal from his decision may be made to the Court of Common Law or of Chancery, as the case may require; the action having originated here or in the High-bailiff's Court making no difference in this respect.

Decorum between the parties is not always so much adhered to as it ought to be. They and their witnesses are examined upon oath by the Deemster, as he may want information on the subject; and I have heard each give the lye to his antagonist without any ceremony, proceed to pretty high words, and sometimes, as if in defiance, make grimaces. The business of Attorney and of Counsellor are here vested in the same

person, and he is not always perfectly free from a spirit of this description. The trial is in the Manks or English language, and sometimes a mixture of both.

The costs of the action include a very trifling allowance for the travelling expenses of the party and his witnesses.*

A Court of Common Law is held at Castletown and at Ramsey four times in the year, the term commencing one week later at the latter than at the former place.

The Coroner opens the court with this proclamation: "I do fence this court that no manner of person do quarrel or brawl, nor molest the audience, and that they do answer when

* "Witnesses shall have charges allowed them, save in the Lord's causes, in manner following: a gentleman or gentlewoman, who shall be charged as a witness before any court, magistrate, or minister of justice, shall, upon his or her appearance, be allowed sixpence for every parish through which he or she shall be obliged to travel, so that the same do not exceed two shillings and sixpence in the whole. Every tradesman or tradeswoman shall be allowed, for loss of time, eightpence, besides twopence for every parish he or she shall be obliged to go through, so that the whole does not exceed one shilling and sixpence. A labouring man shall be allowed fourpence for loss of time, and a penny for each parish: a labouring woman shall be allowed twopence for each parish." Statute-book, 1753.