benefit thereof, within such times after such their imperfections are removed, as are herein before for that purpose limited, and not otherwise. And if any person against whom lies any such cause of action or actions, shall at any time of such cause of suit accrued, be beyond sea, then the person entitled to such suit may bring an action after the return of such person, so as he brings the same within such time after the return, as is respectively before limited by this act.

And it is further ordained and enacted, by the authority aforesaid, that all claims and probate of claims hereafter to be entered and made in the spiritual court of this isle, against executors or administrators of deceadents, for or on account of any of the causes of suit before mentioned, and more especially for debts, and other demands of what nature soever, without specialty, shall be entered, prosecuted, and made by claimers within the island, in one year, and by persons beyond sea, within three years from the probate of the will, or granting administration, and at no time after; and then the cognizance of such claims so entered to belong to the temporal court, according to the statute 1665; but that no decree, judgment, order, or recovery shall at any time be given, had, or made by or upon any such claim, or claims in the spiritual court, nor afterwards in the temporal court, but within the time and limitation of four years next after the cause of such suit or claim, by or for island claimers, and within five years from the cause of suit or claim, by or for claim. ers beyond sea, and not otherwise; and that all other suits, controversies, and matters of contention, of what nature soever, for or against executors, administrators, or others, which hereafter shall be sued, or brought in the spiritual Court, shall be commenced and effectually prosecuted within one year after the making of this law, or within two years next after the cause of suit, and at no time afterwards, any law, custom, or practice to the contrary notwithstanding.

Provided, nevertheless, that this shall not prejudice orphans in seeking restitution of their goods, secured under pledges, in the hands of parents, guardians, or supervisors, in manner already directed by law; nor executors, or administrators making real discoveries of the effects or credits of deceadents, to fulfil their inventories, such right being still reserved for them to be recovered as formerly accustomed, they making oath before they shall obtain process, that such effects, or credits, did not before consist with, or come to their knowledge; and that the delay of timely prosecution has not been occasioned by neglect. And to prevent litigious suits and other inconveniencies, it is further enacted and declared, that it shall not be hereafter lawful for the said courts, or magistrates, or any of them, to admit of any obligor or party defendant's oath as evidence, against any bill, bond, note, or other specialty in writing, to acquit himself from the payment thereof, otherwise than by a proper receipt and discharge for the same, any law or custom to the contrary notwithstanding.

Provided always, that this act shall not be construed or understood to intrench upon the rights or prerogatives of the lord of the isle, in any suit, plaint, action, or claim, to which he is or may be entitled, the same being reserved and excepted, any thing herein before contained to the contrary notwithstanding *."

Action real." If any person shall pretend title tò any farm-house or ground within this isle, and do not exhibit his bill in writing for the same before the lord, his lieutenant, or captain, and other principal officers of

*Act of Tynwald, 1738.

the said isle, whereby it may be entered of record within the space of twenty-one years next after he or his ancestors have been dispossessed thereof, then he or his successors claiming after him, to be utterly excluded and barred from making title thereto forever *.

The statute of 1593 is confirmed and established by a statute passed in the year 1647.

In respect of the statute limiting all persons to sue for title of lands and houses within twenty-one years next after their title first descended or accrued, it is apprehended that great prejudice may arise to infants, persons under coverture beyond sea, imprisoned and the like, it is therefore ordained, that notwithstanding the limitation of time by the said statute, if any person or persons, at the time of the said right first descended, accrued, come, or fallen, be within the age of twentyone years, under coverture, not of sound mind, imprisoned, or beyond seas, or have any other lawful impediment, that then such person or persons, and their heirs, shall and may, notwithstanding the said twentyone years be expired, bring his plaint, make his title, sue his right and demand, as such person might have done, before the expiration of the said twenty-one years, so as nevertheless such person or persons, or their heirs, do, within the space of two years next after their full age, discoverture, coming of sound mind, enlargement out of prison, or being free of their lawful impediment, or coming into the isle, take the benefit of, and sue and pursue the same, and at no time after the said two years be determined and expired.-Ordinance of governor, council, deemsters, and keys, 1662.

All suits for title of houses, lands, tenements, mills, cottages, and intacks, being inheritance or quarter-land, shall always be by action at common law, and not otherwise. But if manifest frauds be made use of to procure legal titles, which cannot be relieved at common

*A, T. 1593.

law, but require to be redressed in equity, the plaintiff bringing his action at common law, may allege the fraud therein; and upon the defendant's appearing to the action, the plaintiff is then to give in a case in writing, containing the particulars of his allegation, with respect to the fraud; and upon entering into bond in ten pounds, to make good the same, the proceeding at law to be stayed, and the plaintiff be allowed to file his bill or action in chancery; and when the defendant joins issue, the chancellor shall direct the examination of the matter to six of the Twenty-four Keys, by way of commission, to inquire into the same, by way of oaths or otherwise, as the case may require; and then to make a report of the whole impartially to the court in writing, in order to a determination. But if, upon considering the report, and hearing the cause, the court should not have sufficient proof to find and decree for the fraud, then the matter shall be remitted to be proceeded in, and decided by the course of common law, and the plaintiff shall be liable to forfeit his bond to the defendant for his costs and damages, or such part thereof as the chancellor shall think reasonable to allow. And if either party shall appeal from the said decree of chancery, he shall be obliged to enter into bonds as usual: Provided that disputes and controversies concerning mortgages shall, according to the act of settlement, be determinable in the court of chancery; and that no sequestration shall be laid on the profits of any lands, tenements, and hereditaments whatsoever, by any court or magistrate within this isle, but in extraordinary cases; and then the same not to be done without the consent of the governor, officers, deemsters, and keys*"

* A. T. 1737.

Administration.

IT is ordered, that the goods of deceadents, according to the inventory, shall be made good by the ordinary, or his spiritual officers, if he or they upon proving the will, or making of the decree where no will was made, do not take sufficient security for the

same

It is enacted, That the probate of wills and making decrees of deceadent's effects, shall be effected within three months after the death of the party, at furthest, under pain of fine and severe punishment on the person failing therein, after lawful summons given by the proper officers of the spiritual court: and that the spiritual officers take special care for the observance hereof t.

Adultery.

WHEREAS heretofore it hath been a law in the Isle of Man, that a wife going away from her husband for adultery, or any other cause, might give away the onehalf of all such goods and chattels as her husband and she were seized of, to whom pleased herself, which is thought to be against the laws of God and good government: It is therefore ordered, That if any wife hereafter shall commit adultery, and be thereof lawfully convicted before the bishop, or his lawful deputy, the captain, and the rest of the lord's council there, she shall lose her benefit of the said law, and shall have no more of her husband's goods than shall be agreed upon by the bishop or his lawful deputy, the captain, and the rest of his lordship's council there, for her mainte

nance.

No appeal shall be made from the ecclesiastical

*A. T. 1643.

A. T. 1665.