son, and should not actually redeem the same to his own proper use, within the space of five years next after the commencement of the said mortgage, that then such mortgage should be looked upon as an alienation, and the mortgagee admitted as tenant to the same, in such manner, and on such terms, as in and by the said clause is fully mentioned and expressed. And for as much as it is conceived that several fraudulent bargains may be made, by letting of lands, tenements, mills, cottages, intacks, and other hereditaments, for the security of money, under other notions than that of a mortgage, to defraud our honourable lord of his fine: Be it therefore ordered, ordained, and enacted, by the authority aforesaid, that all such bargains as shall hereafter be made, and given for the security of any sum of money, upon lands, tenements, mills, cottages, intacks, and other hereditaments as aforesaid, longer than for the term of five years, shall be declared and taken to be a mortgage within the intendment of the said act, unless the court of chancery, within this isle, shall adjudge it otherwise; and that the mortgagee shall be liable to pay such fine for the same, as in and by the said clause inserted in the said act is mentioned and declared. And also, whereas by another clause in the aforesaid act of settlement, it is mentioned and expressed that all such intacks and cottages as had been taken out of the highways adjoining to the quarter-lands, or other estates, but not belonging to the same, should not, nor were not intended to be included in the said act of settlement: but that such intacks and cottages (being complained of as great nuisances) should be referred to the consideration of a Tynwald court, to determine where the rents and fines of and for such intacks and cottages might most conveniently be fixed. Be it therefore hereby ordered, ordained, and enacted, by the authority aforesaid, that the rents and fines of all such cottages and intacks taken out of the highways adjoining to any quarter-lands, or other estates, whether

H

they belong to the lord or barons, being taken to rent in or since the year of our Lord, one thousand six hundred and ten, are to be paid by those farmers and tenants, or other persons unto whose lands and tenements these cottages and intacks do adjoin; and they to become tenants thenceforward to the lord for the said cottages and intacks, and that the said tenants and inhabitants dwelling in and possessing those cottages and intacks, shall henceforward become subtenants to the said farmers, tenants, and other persons, upon such reasonable terms as can be agreed upon betwixt them, or as shall be thought reasonable by the court of chancery of this island; and if any such cottage or intack holder do not submit to such terms as the court shall order therein, then such cottage or intack holder is to be ejected out of the said holding, and a jury of four men sworn to value what improvements he has made on the same, which said value (being approved of by the court) the said farmer, tenant, or other person, is to pay and reimburse unto the said cottage, or intack holder, and thereupon to be immediately possessed of the same, and have liberty to dispose of the said cottage or intack, to whom and to what uses he shall think fitting, provided always that such farmer, tenants, or other persons, unto whose lands such cottages or intacks do adjoin, complaining of such to be a nuisance, shall be obliged to make the same appear to be so,, within eighteen months next after the date hereof, otherwise and in default thereof, the said cottage or intack holder shall have and enjoy the same on the like terms that other cottages and intacks are held and enjoyed within this isle, by virtue of the said act of settlement, without any disturbance of the said farmer, tenant, or other person, at any time after the said eighteen months are determined and expired. And it is likewise provided and declared, that all highways, out of which any intacks or cottages have been taken, that shall be found not to be eighteen feet broad, according

as the statute provides, shall be enlarged out of the said intacks or cottages (when complained of) at any time hereafter, any thing herein mentioned to the contrary notwithstanding. And whereas, in the saving part of the said act of settlement, it is mentioned and declared, that all quarries and delfs of flag, slate, and stone are reserved to his lordship and his heirs, as a royalty and prerogative belonging to them within this isle; which part of the said act seems to restrain the farmers and tenants of the said isle, from digging and getting such sort of common stone as might be necessary for building and making of other improvements on their estates and tenements: Be it therefore enacted, ordained, and declared, by the authority aforesaid, that notwithstanding the general words in the said act of settlement, that every tenant and farmer shall, nevertheless, have free liberty of digging, raising, and disposing of all sorts of stones and slates upon their respective tenements, as hath been formerly accustomed, so that they be employed only for their own use, and for the improvement of their own and neighbours estates and tenements; and that they shall not dispose or make merchandize of the same otherwise, without the licence or liberty of the lord or governor of the said isle first had and obtained for the same; and if any farmer or inhabitant, having a quarry or quarries of limestone, or other common stone, on his or their grounds, shall obstinately refuse or deny liberty to any other person or persons to dig or get such limestone or other stones for the improvement of his or their lands or tenements, or otherwise, without paying him a high and unreasonable consideration for the same, then and in such case, it shall and may be lawful for the governor of this isle, for the time being, to interpose, and order that such person or persons as stand in need of such limestones, or other stones, may dig, raise, and carry away as much as will be necessary for his or their use, paying unto the farmer or inhabitant,

on whose lands the same shall be so gotten, such moderate and reasonable satisfaction as the governor, in his discretion, shall think fit to order and allow.

Which said several acts of Tynwald, being now the basis of the tenure of the lands and hereditaments, and the true security of the real estates and premises within the said isle: Be it hereby declared and enacted by the permission and authority aforesaid, that the said act of settlement, and the said act of Tynwald explanatory thereof, herein before set forth, and every clause, article, matter, and thing therein and herein before contained, shall be, and the same are hereby ratified, confirmed, and binding, and effectual for and against all, and all manner of person and persons, lands, and hereditaments therein, and thereby meant, mentioned and intended, to all intents and purposes.

This act was promulged the 6th of June 1704.

Action personal." It is enacted, that all actions of trespass, or plaints in nature of actions of trespass between neighbours, committed in or upon each others lands, houses, grounds, or other properties;-all actions or plaints in nature of actions, for wrongful detention of goods, chattels, or effects;-all actions or plaints in nature of actions, for goods delivered or lost; -all actions or plaints in nature of actions of account, and upon the case (other than for accounts current, which concern the trade or merchandize between the merchants and traders of this isle, and merchants and traders beyond sea, their factors or servants);—all actions or plaints in nature of actions of debt, grounded

upon any lending contract or demand without specialty;-all actions of deceit and cozenage; --all actions or plaints in nature of actions of assault, battery, wounding, or false imprisonment, or any of them; and all other actions transitory or personal whatsoever, which shall be sued or brought in any of the temporal courts of this isle, or before any judge or magistrate of the same, after the making of this law, shall be commenced and effectually prosecuted within the time and limitation hereafter expressed, and not after. That is to say, the said actions, or plaints of trespass, the said actions or plaints of detention, debt, deceit, and cozenage, and of goods delivered or lost; the said actions, or plaints of account and upon the case (except for slanderous words), and other such like personal actions, within two years next after the making of this law, or within three years next after the cause of such action, plaint, or suit, and at no tine after. And the said actions of assault, battery, wounding, imprisonment, and for slanderous words, or any of them, within one year after the making of this law, or within two years next after the cause of such actions or plaints, in nature of any of the actions aforesaid, and at no time afterwards, any law, order, custom, or practice to the contrary notwithstanding.

Provided nevertheless, and it is further enacted, that if any person or persons, that is or shall be entitled to any such actions of trespass, detention of goods delivered or lost, of accounts, and upon the case, of debt, deceit, assault, battery, wounding, or imprisonment, or actions upon the case for slanderous words, or any other personal action, be, or shall be at the time of any such cause of action given, accrued, come, or fallen within the age of twenty-one years, under coverture, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the same actions (as others not under such incapacities might before have done), so as they take the