lon by the law, as well as he that stealeth the goods : and such to be presented by the great inquest *.

Wheresoever any thief shall be found to steal either mutton, sheep, lamb, goat, kid, swine, or pig, the same shall not be priced by the jury of indictment, as hath been accustomed, who sometimes valued such goods under the value of sixpence halfpenny, out of a foolish pity and partial regard, to extenuate the rigour of the law: But every sheep, mutton, or lamb, of what age soever they be, being stolen, shall be found to be felony in the offender to death, ipso facto, upon the inquisition taken, without valuing or distinguishing the price.

The stealing and cutting of bee-hives in gardens shall be felony in like manner to death, without valuing the same. And whereas heretofore such as have stolen turf, ling, gorse, robbed gardens, clipped other mens sheep, stolen corn and hay out of fields and hag-yards, stolen geese, hens, ducks, or such like pilferies and fe Jonies, have all of them been connived at and slightly let pass: It is therefore ordained, that all such manner of theft, if it amount to the value of sixpence-halfpenny, shall be felony to death in the offender; and under that value to be whipped, or set upon a wooden horse ordained for such offenders, at the discretion of the captain and every coroner, so often as such cases happen, shall choose and impannel of the most sufficient men in the parishes to be jurors: and if any refuse or be disobedient, the coroner to use no delay to present them, that they may be fined, not troubling any of the twentyfour keys in these services, unless they be specially commanded thereto by the captain †.

Whereas juries upon trials of felonies sometimes will not find malefactors guilty, unless the fact be proved against them by two positive witnesses, which can seldom happen: It is therefore enacted, That one credible

* Cust. Laws, 1577.

† A. T. 1629.

witness proving the fact, and supported by probable circumstances, or the mainour being upon search, or otherwise found with or upon the malefactor as aforesaid, shall be held good and sufficient proof in law to convict such malefactor.

And in case any doubt shall arise to the jury, in relation to any evidences or circumstances before them, they shall ask the opinion of the deemsters, in court, whether the same amount to conviction, or whether the criminal deserves any lesser degree of punishment, as burning in the hand, or whipping: and it shall be lawful for such jury, as such matters shall appear to them, to find and return their verdict in the premises accordingly. But if such jury be found to act partially, or illegally, or contrary to evidence, the keys to be called to pass upon their proceedings in manner as formerly accustomed.

And if any prosecutor in a criminal prosecution, or any other person, by his privity, order, or direction, shall compound or agree not to proceed in such prosecution, after a hand-suit given to the coroner or lockman, or after stolen goods found upon search, pursuant to the deemster's token, or shall by corruption or other indirect means, refuse or decline making proof to the mainour, when found as aforesaid; such persons, being convicted thereof by a jury, shall be fined any sum not exceeding six pounds, thirteen shillings and fourpence, to the lord of the island.

No court, judge, or magistrate, within this isle, shall impose or inflict any fine or punishment upon any person on account of any criminal cause, until he be first convicted by the verdict or presentment of four, six, or more men, upon some statute-law in force in the said isle; nor imprison any person arbitrarily, before a proper complaint is made and lodged, and affidavit made to the truth thereof...

A. T. 1737.

In all complaints of petty larceny, it shall be lawful for the governor, deemsters, or other magistrates, who have jurisdiction of inquiry, as it appertains unto them in their several stations, to grant the party injured a process to the proper officer, for a jury of inquiry, to inquire of and discover the offender, by examination upon oath, in manner following: That is to say, upon such complaint of petty larceny, in all things left to the valuation of a jury, by the statute 1629, and other instances of such like nature, the method of proceeding shall be, that all suspected persons and others, who shall be summoned to the jury of inquiry, which in that case is to consist of six men, shall be examined upon oath, and be obliged to give their oaths in relation to the committing the fact inquired of, either by themselves or others; and if any person conscious of his guilt, shall refuse to give such satisfaction upon oath, for the discovery of the offender, the person so refusing shall` be held as guilty of the fact. Or if the larceny shall, upon inquiry, be found by the jury, in either case they shall verdict and leave the offender to be fined and punished at the discretion of the court: Provided, that if the larceny in question shall appear or turn out to be grand larceny, to the amount of sixpence-halfpenny, by the valuation of the jury, then the same jury shall ceed by way of inquisition for felony and upon proof, confession, strong presumption, or suspicion supported by prevailing circumstances, shall indict the offender, according to the common course of law; and the oath first given them shall be to that effect *.

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When any person shall be apprehended on suspicion of having committed treason or felony, the coroner in whose sheading the same has been committed, shall, after the offender is taken into custody, and secured by him ex officio, thereupon proceed by warrant from a deemster, and summon a jury of six good and lawful

*A. T. 1753.

men, out of the sheading, together with all such persons as can give any testimony in the matter to appear before the deemster; and in his presence, and under his direction, to make inquiry, and take evidence in writing, touching the facts complained of. And the deemster, after due inquiry and examination had as aforesaid, is hereby required to receive the indictment or verdict of the said jury. And to transmit the same, together with the depositions, to the rolls-office, and to release, admit to bail, or imprison such person so indicted, as the nature of the case shall require.

And when the prisoner is so indicted and committed to prison, at least three days previous to the court of general gaol delivery (at which court all such persons are to be arraigned and tried) a jury shall be convened according to ancient custom, consisting of twelve good and lawful men, to try the fact before such court.

By the act of 1796, any person, by word or writing, using any expression tending to bring into hatred or contempt the person or government of his majesty, on conviction, is subject to a fine of one hundred pounds, and to imprisonment, not exceeding six months: prosecution to be effected within one year from the time of the commission of the offence.

The act of 1796, for the punishment of forgery, perjury, subornation of perjury, and cheating or swindling, and which subjects the offender to fine, imprisonment, and corporal punishment at the discrétion of the court, being under the consideration of the legislature, in order to its repeal and amendment, it is unnecessary to enlarge upon its contents.

Fodder-Jury.

No cotler, intack-holder, or cottage-holder, or any

*A. T. 1777.

other, shall keep more horses, cows, oxen, sheep, or any other such cattle than what they have sufficient pasturage for in the summer, and a sufficiency of hay, or other fodder, in the winter. And the coroners of the several sheadings are to impannel and swear four honest men in every parish (three of whom at least to be farmers) upon the 25th of March, in each year, to be a standing jury, and make inspection into what provision of grass and fodder the said cotlers, intack, and cottage-holders, or such like persons do make for their said cattle, as well in summer as in winter; and to make true report thereof in writing under their hands, unto the governor and officers at the first courts that are holden after the 25th day of March, and 29th day of September, in every year, or at other courts, when thereunto required, that the court may judge whether such persons have made sufficient provision of fodder. And if they find upon such report, that any such person doth keep more cattle than what he hath made provision for, an order is to be granted from the said court to the coroner, to make sale of such cattle as provision hath not been made for, according to the current prices or rates, and to deliver the price thereof to the owner of such cattle, deducting a shilling out of the pound for

his trouble.

And if the said jury be remiss, or partial in their proceedings, upon complaint and proof thereof made, they are to be fined and punished at the discretion of the governor and officers *.

If any coroner neglect or refuse to swear a fodderjury yearly, upon the 25th of March; upon complaint made, or knowledge given thereof to the court, he shall be fined three pounds to the lord. And the fodderjury, when sworn, shall directly proceed to do their duty, under the penalties prescribed by the said former act, and that ex officio. And the farmers are to be included, and proceeded against in the same manner as

* A. T. 1691..