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upon two days previous notice given by summons, to such proprietor or occupier, send four men, and so on in proportion, to be employed in the making, altering, or repairing of the said highways. And all proprietors or occupiers of dwelling-houses, situate on quarterlands or baron-lands, (so that the premises do not pay more than one-fourth of the chief rent of such quarterland or baron-land,) shall send one man. And all proprietors of dwelling-houses, or on cottages and intacks not exceeding two shillings original chief rent, shall send one man. And every proprietor of each and every cottage or intack, from two shillings to seven shillings and sixpence original chief rent, whether such cottage or intack be dwelt upon or not, shall send one man. And every proprietor or occupier of intacks, from seven shillings and sixpence, to fifteen shillings, chief rent, shall send two men. And the proprietors or occupiers of each and every intack, from fifteen shillings to one pound two shillings and sixpence original chief rent, shall send three men. And every proprietor or occupier of intacks, from one pound two shillings and sixpence, to one pound ten shillings, (which original chief rent of one pound ten shillings is to be deemed equal to a quar terland,) shall send four men: and so on for intacks of greater rent, in the same proportion. And when it is found necessary to employ carts, or wheel cars, for the use of the said highways, every person having in hist possession one or more carts, or wheel cars, fit for carrying stones, gravel, or other necessary materials, being so summoned as aforesaid, for that purpose, shall send one such cart, or wheel car, with an able or sufficient horse, or horses, and driver, to and for the use of the said highways; and one day's labour with such cart, and two such able horses and driver, shall be deemed and taken for one turn, or four men. And one day's labour of a cart or wheel car with one horse and a driver, shall be taken for two men. And the parochial surveyors shall give such notice or summons as aforesaid, in a

regular course; and such labour done by the several inhabitants of each parish in rotation, shall be deemed a turn of such parochial labour; which labour is to be done in rotation as aforesaid, as often as occasion may require; so that the same does not exceed three turns in any one year. And in case any person so summoned as aforesaid, doth not perform the said labour, the parochial surveyor shall forthwith make presentment of the default, and cause the party to be summoned before the governor, or deemster; and such party shall, upon conviction, be obliged to pay on account of every la`bourer failing to attend as aforesaid, one shilling. And for every default in not sending such cart or carts, car or cars, with horses and drivers as aforesaid, two shillings and sixpence, to be levied by distress or execution, with costs. The parochial surveyor, and such persons as he shall appoint, may dig, gather, take and carry away in and through the lands of any person adjacent, or near unto the said highways, any stones, gravel, sand, or other materials, where it may be most proper or convenient for the use of the said highways, (save and except gardens, orchards, and yards, adjoining or near unto any dwelling-house) so as the least damage to the proprietors be thereby occasioned; and also to make ditches and drains in and through the lands adjoining the said highways, for the carrying off the waters lying thereon; which ditches and drains, when made, are to be kept properly cleansed and open by the prietors of such lands.

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And it is also enacted, That an additional sum of nine shillings and ninepence be laid on ale-house licences, and that the same, and also the clear monies arising from the tax upon dogs, shall be applied for the mak ng, altering, and repairing the said highways, under the directions herein before provided relative to the said fund.

The keys, or any of them, and the surveyor-general or parochial surveyors, shall severally have full power,

upon view, to make presentment of all obstructions and other nuisances wilfully done to the highways, or the milestones thereon: And the offenders therein shall, upon conviction before the governor, or deemster, be fined any sum, not exceeding three pounds, according to the circumstances of the case, to be levied by distress and execution and in case any person shall wilfully and obstinately obstruct the said committee, surveyorsgeneral, or parochial surveyors, or any of them, or any person by them employed for the purposes of this act, he shall, upon conviction before the governor or deemster, be fined three pounds, and committed till the same be paid and the respective fines herein before mentioned, shall be applied to the use of the said highways; which said highways to be made in pursuance of this act, shall be eight yards from ditch to ditch.

And it is enacted, That the highway from Castletown to Douglas, shall be continued through Newtown; and that the several surveyors, during their office, be exempt from all other parochial services, and shall for their trouble have, at the discretion of a surveyor-general, a sum not exceeding one shilling and twopence each day, in the discharge of his duty, without the special appointment of the committee, who are authorised to make such reasonable compensation to the surveyors-general, for their trouble and expence in the discharge of their duty, as to them shall seem fit: and it shall be lawful for the surveyor or surveyors-general, as often as he or they shall think proper, to discharge any parochial surveyor for neglect of duty, and to appoint another person in his place; so that such other person be approved of and sworn, as herein before mentioned *.

*A. T. 1776.

Horses.

ANY person keeping a stone horse under the value of six shillings and eightpence, shall be presented by the great inquest.

If any persons keep scabbed horses or mares, the coroner ought to bring them to the next hough, and cast them down there, and the owner to be put in three shillings and fourpence fine, and presented by the great inquest, and the coroner to have a shilling for his pains; and if he does not his duty therein, to be fined thirteen shillings and fourpence *.

Whosoever shall be found or detected to pull horses tails, shall be set on the wooden horse, thereon to continue for the space of two hours, and to be whipped from the waist upwards t.

Insolvent.

WHEREAS it has been the practice to give the natives of the island a preference to strangers in the recovery of debts from an insolvent debtor, it is hereby enacted, that all his majesty's subjects, and all others, whose prince is in amity with the Crown of Great Britain, shall have the same rights and privileges in the payment of their just demands, upon the distribution of insolvent debtors estates, as the natives of the island have heretofore had, provided that the governor, upon granting a decree on a claim against any of his majesty's subjects, or others in amity with his crown, residing in this isle, for debts contracted and due previous to such their residence here, may exclude the whole of such debt, or order and allow such part or proportion thereof to be + A. T. 1629.

Temp. Cust. Laws, 1577.

paid in a proper dividend and share with the other creditors, out of such insolvent estate, as to him shall appear just and reasonable according to the circumstances of the case, provided that landlords rents and servants wages shall be always paid in preference, as heretofore accustomed. And any person imprisoned for debt under a decree or judgment, and it appearing to the court, that such person hath faithfully and justly accounted for all his effects, upon oath; and hath delivered up the same without fraud or collusion to satisfy such decree or judgment; in every such case the governor may order and allow such person a daily sum, not exceeding sixpence each day, to be advanced and paid by the plaintiff, for subsistence, during the time such person shall afterwards remain imprisoned. And in default of the like payments weekly, the governor may lawfully order the said person to be enlarged; provided that the sums paid for subsistence as aforesaid, shall be a lawful charge against the defendant and his effects, as well as the sum or part of the decree or judgment remaining unsatisfied at all times afterwards, until the same be discharged *.

Intestate.

THE personal estate of any person dying intestate, after payment of debts and funeral expences, shall be distributed in manner following: That is to say, one half of the surplusage to the wife of the intestate, and the residue by equal portions amongst the children of the intestate, and such persons as legally represent such children in case any of the said children be then dead, other than such child or children as shall have any estate by settlement of the intestate, or shall be advanced by him,

A. T. 1777..

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