« PreviousContinue »
rors shall have at least three days notice, and at the sitting of the said court every coroner shall make a re. turn, in writing, of the names of the persons so sum. moned, with their addition and place of abode ; which shall be written by the proper officer of the court, on distinct pieces of paper of equal size; and be by him given in such court publickly to the judge, or magistrate presiding, who shall cause the same in his presence to be rolled up and put into a box : and when any cause is called to be tried, some indifferent person shall, in open court, draw out six of the said papers. And if any of the persons therein named, and so dr , do not appear, or shall be challenged by a party, and disapproved by the court, a further number shall be drawn to complete the jury; and the six persons so drawn and approved of and sworn, (their names being marked in a pannel) shall be kept apart in a box or place during the trial: and the same mode to be repeated in ascertaining jurors as often as occasion requires. And if a cause shall happen to be brought on in the said court, before the jury in
other cause shall have returned their verdict, the court may order six of the remaining number to try such cause, and so on in like manner. And if either party move the court for a special jury, or jury of view, a view shall be granted, and a special jury returned, impannelled and sworn in such fair, open, and impartial manner as the court shall direct.
And it is is also enacted, that the great inquest and long juries, and all proceedings before them, shall cease, and all matters which were formerly cognizable before them, shall be tried at common law
By an act of Tynwald of the year 1793, the powers of the great inquest are restored, except in trying the right of boundaries, not adjoining the commons; and of
ways, waters, water-courses, and boundaries between
* A. T. 1777.
party and party; and that the testimony of witnesses shall be taken in the presence and under the direction of a deemster; and this act gives power of appeal from the great inquest to the house of keys, as in other cases, instead of the long jury.
And by an act of 1796, the island is divided into two districts for holding the common law courts; and it directs that the great inquest of each sheading shall consist of six men out of each parish, and that they shall attend the common law.courts of their respective districts.
The act of 1800, directs the common law courts to commence upon Tuesday, next after Monday, before appointed.
12 Chancery Court,
It shall be lawful for the chancellor to take cogniz. ance of any cause, and to examine evidence therein, and finally to hear and determine the same, and proceed to a decree, at any fourth chancery court, in the defend. ant's absence or non-appearance: Provided it appears by matter of record that he hath been regularly and legally summoned to the said several courts, and stood out the several attachments and processes of contempt*.
Whereas the court of chancery hath hitherto exer. cised a mixed jurisdiction of law and equity, which may occasion doubts and difficulties in practice, and great expence and delay, it is enacted, That the said court shall have full power to make such rules and orders from time to time touching its own practice and proceedings, and for the better conduct of suitors and practitioners as shall be found expedient: which said rules
* A, T, 1758.
. 160 and orders shall be written in a fair hand, and hung up in a conspicuous place in the said court.
Court of Exchequer. Whereas all disputes relating to the rights of the crown, the imposing of fines, and the recovering of debts or duties due to the sovereign, and the determining the rights of tithes, being properly cognizable in the court of exchequer, it is enacted, That the said court shall be held regularly on the day after every chancery court, or immediately after on the same day if the governor shall think proper : And the attorneygeneral shall, in the first instance, prosecute all offend. ers in revenue matters by summons or process in the nature of a capias, praying an arrest against the defendant's person; which capias is returnable at the next court after the issuing thereof, three days being allowed between the service and such return; and when any offender shall be thereupon apprehended, or shall have given bail for his personal appearance, the attorneygeneral shall, before the second court, file an information-being filed, three days notice to be given to the defendant, or his attorney, before such second court, re. quiring the defendant to appear and plead thereto at such second court; and in default of such appearance, judgment and execution to go against the defendant's person and effects: and at such second court, the matter shall be heard and determined, unless sufficient cause shall be shewn to the contrary; and the governor is em powered to make such orders and rules from time to time, for the better regulating the practice and proceedings of the said court, as occasion shall require
* A. T. 1777.
Court of General Gaol.Delivery WHERE any person shall be indicted and committed to prison, at least three days before the sitting of the said court, a jury shall be convened according to ancient custom, consisting of twelve good and lawful men, to try the fact before such court: and the said court shall be held at Castle Rushen, as occasion shall require, by order of the governor; at which court all persons indicted shall be arraigned as heretofore accustomed *.
The spiritual court shall not hereafter imprison any person upon a contempt for not appearing before them upon any process or citation ; but instead thereof, upon application to the governor, and producing to him the certificate of the contempt, a soldier shall be granted to take such contemner before the said court, on any day appointed, and a reasonable fine to be set upon him for the contempt, as accustomed in such cases in the temporal courts : Provided that when the sumner is put to trouble to apply for a soldier, the contemner shall pay him twopence for every parish through which he shall travel, before such contemner be released out of the soldier's custody t.
All curates hired from easter to easter, or longer, shall give a quarter of a year's warning before easter
day to his master, in case his will be to depart, and
go away from him: and the master shall give the like warn. ing to his curate, in case he will put him away. Provided the ordinary shall place and displace all such curates at his discretion *.
Deemster. IN great matters and high points, the lieutenant, or any of the council for the time being, to take unto them the deemsters, with the advice of the elders of the land, to deem the law truly to the parties, as they will answer thereof: and all doubtful points to be registered up in the treasury, that they may be ready when the like chance falleth, that one doom be not given at one time, and another contrary t.
Deposition. No copy of a single deposition shall be given from the rolls-office, without the whole depositions I.
Dogs. FORASMUCH as there are daily complaints of great losses and nuisances occasioned by dogs worrying sheep and lambs, and doing other damages in this isle, and that the legal relief against the same hath been found very dilatory and insufficient; for the more speedy and effectual remedy thereof, it is enacted, That after the publication of this act, upon the first instance and complaint of any damage being done by any dog belonging to or harboured by any person, and proof thereof made
* Book of Spiritual Laws. + Ordinance 1422. A. T. 1734.