March to the tenth day of October, the owner thereof shall, before they are released, pay the keeper of the pinfold as follows: viz. two shillings and twopence for every head of cattle, horses, asses, mules, and swine: eightpence for every head of sheep and goats, and fourpence for every goose; and for such cattle, &c. inpounded from the 10th day of October to the 25th day of March, as follows, viz. for every head of cattie, horses, asses, mules, and swine, one shilling and twopence for every head of sheep and goats sixpence; and for every goose threepence. And after the last mentioned rates, whenever such cattle, &c. are impounded from off the highway, adjoining quarter-lands, baron lands, or enclosed intacks, in any part of the year; which several sums are to be paid to the keeper of the pinfold, who, after deducting the accustomed pinfold fines and fees, is to pay the remainder to the person bringing such cattle, &c. to the pinfold. And in case any person shall obstruct, or prevent such cattle, &c. found trespassing, from being unpounded, such person shall, upon conviction before a deemster, be adjudged to pay the full trespass-money and dues aforesaid, besides the sum of ten shillings to be laid out on the parish pinfold, and such costs as shall be awarded * Beggars. THAT no man bring beggars or vagabonds into the country on pain of forfeiting his boat T It is ordained, That the poor of this isle shall not beg out of their own parish; and if any offend herein, the constable, coroner, or lockman of such other parish is, for the first time, to warn such beggars back to *A. T. 1776. + Ord. 1422. their own parish, which if they neglect or refuse, then are they to be compelled, and whipped to their own parish. And if they continue disobedient they are to be brought by any of the said officers to the next goal, there to continue until they declare themselves conformable to this order; and that none be relieved as the poor of any parish, but such as are blind, lame, maimed, or decrepid in respect of age or other infirmi ty. And all young persons shall either labour for their bread, or be made to serve by a jury of servants, or otherwise to be committed until they submit thereto. And if the constable, coroner, or lockman neglects his duty aforesaid, he shall, upon complaint and proof made, be fined at the discretion of the governor and officers *. Boundary. IT is ordered that all the inhabitants, tenants, and farmers holding lands in this isle, shall in every year as well against winter time, as summer and har vest season, make sufficient and able fences, ditches, trenches, or hedges of the height and breadth herein mentioned, [note, the dimensions are altered by an act made in 169,] or else set out a keeper or herd in respect thereof; and if any neglect the same, the great inquest shall make presentment thereof at every sheading court, to the end that such persons may be fined according to the nature of the contempt, and quality of the person, and the deemster is to give the same in particular charge to the great inquest every half year t. If any person shall be desirous to make a lawful boundary fence, and any of his neighbours whose lands adjoin to his, and are by law obliged to make up the said fence with him, shall refuse to join therein, then such person shall obtain a token from the governor or deemster to require his neighbours to join in making up and repairing such fence, according to the height and breadth herein after set down, within such a convenient time as the governor or deemster shall appoint: and in case his neighbours do neglect to do the same within such time, then such person to employ labourers to make up his neighbours part of the said fence, and to keep a just account of the charges thereof, and to make oath to the truth of the said account, (if occasion require), before the governor or deemster; and thereupon execution is immediately to be granted him by the governor or deemster, for levying the said charges, by taking the pawn of such neighbours, and selling the same forthwith to satisfy the charges aforesaid; and that all boundary fences shall be made five feet and a half high, with a trench of one foot and a half deep, and three feet broad, or else, six feet high in the perpendicular, where a trench cannot be made; and that all trenches in such part of the island where they are used instead of a fence, shall be six feet broad in the top, and three feet deep *. Where there shall happen to be an insufficient mere fence or boundary, any persons interested in such boundary being desirous to have a sufficient stone wall erected in lieu thereof, shall apply to their neighbour to join with them in making such stone wall boundary : and in case such neighbour shall not agree to bear an equal share of the expence, or otherwise amicably agree about the same, the persons wanting such stone wall to be erected, may apply to a deemster for his authority to impannel and swear a jury of four of the most judicious men within the sheading, to view the insufficient oɔundary, and to estimate and report according to the best of their judgment, not only what sum will be sufficient to put the same into statutable repair, but also wnat sum will be sufficient to keep the same in such repair for ten * A. T. 1691. years next following; and thereupon it shall be lawful for such deemster on such report, to grant judgment and execution against such disagreeing party, for one moiety of the sums so reported: the amount of which moiety shall be paid in the whole, or in such parts and proportions, and at such times as to the deemster shall appear just and reasonable, according to the circumstances of the case; and the party so applying, upon receiving the same, or such part or portion thereof as shall be adjudged him as aforesaid, shall with all convenient speed, erect a stone wall, at the least two feet four inches broad in the foundation, five feet in the perpendicular height, and sixteen inches broad at the top at such height, together with proper coping, or projecting stones to complete the same. And in case the said old boundary be crooked, and that the parties shall not agree upon a direct line in order to make the said boundary more complete and less expensive, then either of the said parties may apply to a deemster, who shall order the commissioners of drains, at the expence of the parties, to view and survey the said boundary and premises, and upon duly considering the quantity and quality of the ground, shall settle the diffe rence between the parties, and ascertain the new boundary. And in like manner the said commissioners are authorized and directed to view, shorten, ascertain, and fix all other boundaries whatsoever, which shall be referred to and come before them in manner aforesaid. And that the said stone wall, and other boundaries fixed by the said commissioners, and all other boundaries which have been or may be erected by consent of parties, shall be deemed and adjudged repaired, and amended as the true and lawful boundary for ever*. * A. T. 1776. Breach of the Peace. UPON flagrant breaches of the peace, open riots, and disturbances, or other notorious misdemeanors, it shall be lawful for the governor, or any of the officers or deemsters, or if occasion shall require, for the constables of garrisons, or commanders of forts in their respective towns, to commit the offender or offenders, who shall be held to bail by order from the governor, to answer and stand trial at such time as shall be appointed :-but such trial not to be delayed, but to be brought on with all possible speed. Provided that in case of murder being committed, or any mortal, violent, or desperate stroke, or wound given, whereby any person's life is in immediate danger, the offender is not to be admitted to bail, but to remain in gaol to undergo his trial, according to the course of the law; and that this act shall not restrain the governor or deemster from proceeding upon the law, touching battery and provocation, without juries, as formerly Buggery. THAT any person committing or suspected of committing such crime with any manner of beast, the case shall first have and receive examination in the spiritual court, according to matters of rape, sorcery, and the like; and afterwards in the temporal court, by indictment and arraignment, as in the case of felony, or other notorious crimes, if the spiritual court so return the same. And if the malefactor be found guilty, then sentence of death to pass against him, and to forfeit life and limb at the pleasure of the lord, and likewise all A. T. 1736. |