Herrings.

WHEREAS the herring fishery hath been for many years uncertain, and yet several have bought up and transported fresh herrings before the country has been supplied, to the great detriment of the public: It is therefore enacted, That no person shall be allowed to buy up any herrings for exportation from this isle, or the coast thereof, until the country be supplied; that is to say, as long as the herrings may be bought at one shilling and twopence the hundred, or above; and that the fishermen have a vent for the same at that price within the island: and if any offend herein, they shall forfeit as follows: viz. The buyer to forfeit all such herrings as shall be bought for exportation, or the value of them, and the seller a sum equivalent to the price; to be levied by execution from the water-bailiff, upon proof made before him: one half to the informer, and the other half to the poor of the parish*.

High-Bailiff

WHEREAS it hath been judged expedient to erect a new jurisdiction in each of the four market towns, for hearing and determining matters of debt under forty shillings: It is therefore enacted, that it shall be lawful for the high-bailiff of Castletown, for the time being, to issue his warrant for the convening of any party, witness, or other person whom it may concern in matters of debt, arising within Castletown aforesaid, or the several parishes of Malew, Santon, Arbory, and Rushen, in which warrant the sum in demand shall be specified, and shall not amount to forty shillings. And the said

* A. T. 1737.

high bailiff is authorised to hear and determine every such cause at Castletown aforesaid, and to give judgment therein, and grant execution for such debt and costs in his discretion, in such and the like manner and form, and with the like authority and jurisdiction as the deemster now doth and hitherto hath done.

And the high-bailiff of Douglas is in like manner authorised and empowered with respect to such cause arising within the said town, or the several parishes of Lonan, Conchan, Braddan, and Marown.

And the high-bailiff of Peel is in like manner authorised with regard to such causes arising within the town of Peel, or the several parishes of Patrick, German, Michael, and Ballaugh.

And the high-bailiff of Ramsey is in like manner empowered with respect to such causes within the said town, or the several parishes of Jurby, Andreas, Bride, Lezayre, and Maughold; which said highbailiffs are to be appointed by the governor for the time being; and all coroners, lockmen, petit constables, and others, whom it shall concern, are required to yield obedience to the directions, orders, and judgments of the said high-bailiffs, in like manner as they have hitherto given obedience to the directions, orders, and judgments of the deemsters: But if any party find himself aggrieved by the order or judgment of a high-bailiff, he may prefer his appeal therefrom to the deemster, and the said high-bailiff shall accept the same, provided it be preferred within seven days from the day of the service of such order or judgment, which service is to be certified by the officer executing the same, and the certificate exhibited to the high-bailiff along with the appeal: And that the appellant do enter into a bond with or without sureties, at the discretion of the high-bailiff, in the rolls office, in the sum of three pounds to our lord the king, that he will prosecute such appeal with effect within the term limited in the acceptance thereof, which shall not exceed one month: And shall also answer such judgment, costs, and charges

t

as shall be awarded by the deemster, in case the order or judgment appealed from be affirmed: But if no appeal be preferred, or if bond be not entered into as aforesaid, then the said judgment of the high-bailiff to be for ever after final and conclusive upon all parties. And if any high-bailiff, upon the hearing of a cause, find that the plaintiff's debt, exclusive of costs and fees, amounts to forty shillings, he shall dismiss such suit, for want of jurisdiction, with costs. And if any party shall commence a suit before the deemster, for the recovery of a debt, or other demand, under the value of forty shillings, or without shewing good cause why he apprehended that the same should amount to that sum, it shall and may be lawful for the said deemster to dismiss such suit with costs, as not cognizable by him. And it is. further enacted, that no party, plaintiff, shall recover any debt, or demand, unless he shall serve the defendant with an account, or state of his claim or demand, three days at least, before the hearing of the cause by the said deemster, or high-bailiffs, or any of them; and that every civil duty and power heretofore vested in the captains of the towns aforesaid, shall be committed to the jurisdiction, orders, and directions of the high-bailiffs and that in their respective towns the said highbailiffs shall have full power to make and give such rules, orders, and directions with respect to the repairing, amending, and completing of the several streets, and the removal of the encroachments, nuisances, filth, and rubbish in the said towns or districts thereto belonging, in such manner as in their judgment shall be most conducive to the public convenience: and that it shall be lawful for the said high-bailiffs, in their respective towns and districts, to take the acknowledgments of parties, and testimony of witnesses, for the probate of all deeds and instruments, in as ample a manner as the deernster hath hitherto practised, or shall be lawfully authorised to do; and that the said high-bailiffs, in the execution of their office, shall be considered and reputed as civil

magistrates of this isle, to all intents and purposes whatsoever; and that the said high-bailiffs shall have concurrent jurisdiction with each other, as occasion may require*.

Highways.

Ir is enacted, That the governor, with the council and keys, shall, from time to time, as it shall become necessary, appoint a committee, consisting of five persons; and if it shall appear to such committee necessary, or commodious for the public, to cut through the lands of any person, for the purpose of making a new highway, or of amending or improving any highway, the said committee, or a majority of them, shall have full power to survey and lay out the ground for such purposes, and to give such orders and instructions in writing, for the laying out, making, and completing such highways, as to them, or a majority of them, shall appear necessary. Provided that the said highways be not cut through any house, garden, orchard, or yard, severally adjoining, or near unto any dwelling-house; and that the owner of such lands through which such new highways shall be made, shall receive such reasonable satisfaction for da mages, as the said committee, or a majority of them, shall award. And the said committee, or a majority of them, shall have full power to give the old highways to such owner, or owners of the lands through which the new highways shall be made, so far as the same adjoin their respective properties, in lieu of, or in part satisfaction for such new highways, and the damages aforesaid. And the said committee, or a majority of them, shall annually settle all accounts and sums of money,

* A. T. 1777.

to be levied, paid, and expended by virtue of this act: and the governor shall, from time to time, by writing under his hand and seal, appoint a surveyor, or surveyorgeneral of the highways, to act for and under the said committee, with power to view and survey the making of such highways to be laid out, amended, and completed by virtue of this act; and also to give the necessary directions to the several parochial surveyors of the highways, in the execution of their duty, and to procure and employ workmen, horses, implements, materials, and other necessaries, for such purposes as he or they shall find needful. And it is further enacted, That the coroners shall, when thereunto required by a surveyor-general, return to him the names of proper persons to serve as parochial surveyors within the respective parishes, who are to be approved of by a surveyorgeneral, as also by a deemster, who is hereby ordered to swear such parochial surveyor into office, after being so approved of: And in case any person so returned and approved of, shall refuse to take upon him such office, he shall, for every offence, forfeit the sum of one pound; and thereupon another person shall be returned, approved, and sworn, in manner aforesaid. And each parochial surveyor shall, within one month after being duly sworn into office, duly survey the state of the highways and bridges within his district: and in case any of them be out of repair, he shall report the same to a surveyor-general. And when any of the said highways are ordered to be altered or repaired, the parochial surveyors shall summon the several land-owners and others compellable to perform their parish-labour, in manner herein after directed: and the said parochial surveyors shall take due care of, and be accountable for, all utensils, tools, and other implements provided for the use of the said highways. And it is further enacted, That the proprietor or occupier of every quarterland, or baron-land computed to be equal to a quarterland, shall,