in his lifetime, by portion or portions equal to the share which shall be by such distribution allotted to the other children to whom such distribution is to be made: And in case there be any child who shall have any estate, or be advanced as aforesaid, by portion not equal to the share which will be due to the other children by such distribution, then so much of the said surplusage is to be distributed to such child as will make the estate of all the said children to be equal, as near as can be estimated and in case there be no children, nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife as aforesaid, and the residue to be distributed amongst the next of kin of the intestate, in equal degree, and those that legally represent them, provided that no representation be admitted among collaterals, after brothers and sisters children; and if there be no widow, then the said personal estate to be distributed equally among the children; and in case there be no child, then to the next of kindred, in equal degree, and their legal representatives: And if there be neither wife nor child, the whole of the said estate to go to the father; and in case there be no father, then to be distributed equally to and amongst the mother, brothers, and sisters, or their legal representatives; and if there be neither father, mother, brother, or sister, then to the next of kindred, in equal degree of, or to the intestate *. Jury. No restraint shall be laid or continued upon any jury or inquest longer than for six hours after being agreed upon a verdict, and such verdict written, and by them signed and offered to the proper magistrate. * A. T. 1777. The verdict of all great inquests, setting quests, and slander juries shall be delivered and received in the pre sence of both parties, or their agents or attorneys, in public court, as anciently accustomed, or by the proper magistrate out of court; but that to be likewise made known to, and done in the presence of the parties, their agents or attornies, who for that purpose are to attend at such court, as well as before such magistrates, where such verdicts are to be taken, to make their objections, if they have any, otherwise the same to be received, and the proceeding to go on in his or their default; and to prevent corruption and partiality in juries and inquests, it is enacted, that if any juror or inquest man take any fee or reward from any person whatsoever, either in money or otherwise, and be thereof lawfully convicted, he shall be prosecuted and punished as in the case of perjury: And if any juror or inquest man be treated with liquor, or otherwise, by either party, in any suit to be tried, or depending before them, without the consent of the other party, such juror or inquest man shall be fined six shillings and eightpence, upon proof made against him before the governor or deemster, and be discharged from such jury, and another man sworn in his place*. } Keys. In all great matters and high points that are in doubt, ever as they fall, the lieutenant, or any of the council for the time being, to take the deemsters to them, with the advice of the elders of the land, to deem the law truly to the parties, as they will answer thereof: and that all doubtful points be always registered up, and laid in the treasury, that it may be ready when such a A. T. 1737. chance falleth, that one doom or judgment be not given at one time one way, and another time contrary*. The keys of this isle, shall at no time be kept together after being agreed upon their return or judgment; and such return or judgment by them, or a majority of them, written, signed and delivered to the governor, and during the time they are hearing causes, none shall presume to insult or abuse them, upon pain of being confined by order of the governor, upon application by them made for that purpose, until the offender give in bail for his good behaviour, until the next court of general gaol delivery, and be fined in any sum, not exceeding six shillings and eightpence, as the case may demerit t. Land. ALL quarterlands, with the mills, cottages, and intacks of ease thereunto belonging, to which any tenant may be entitled by descent from his ancestors, shall descend and come after the death of such tenant to his eldest son: And for want thereof to his eldest daughter: And in default of such to the next of kindred ‡. Land overflowed with Water. COMMISSIONERS shall, from time to time, as occasion may require, be appointed by the governor, council, and keys, at a Tynwald court, consisting of five skilful and proper persons, with full power to act as herein after mentioned: And if any person having grounds over *Ordinance, 1422. + A. T. 1737. ‡ A. T. 1645. flowed with water, shall make application to the governor; upon hearing the parties and good cause shewn, he order the said commissioners, at the expence of may the party so applying, to view the premises; and they, or a majority of them, shall, by order in writing, direct from a proper level, a sufficient and effectual channel, drain, or outlet, according to the nature and situation of the ground, to be made, for the effectually draining such fens, and carrying off the stagnated waters. And after the commissioners have made their order, the party so applying shall duly serve the persons through whose grounds the said channel is directed to be made, or who may be affected thereby, with a true copy of the said order. And in case any such persons shall find themselves aggrieved thereby, they shall be at liberty to bring their complaint against the same to the governor, within eight days after such service; who shall thereupon, judicially and finally hear and determine the merits of the said complaint and order. And in case no such complaint be preferred within the time aforesaid, the governor, upon certificate of such notice being given as aforesaid, shall direct the said order of the commissioners to be carried into execution: and the proprietors of the lands through which such channel is directed to pass, shall, at their own costs and charges, make such chan nel in such manner as directed by the said order. And in case any person neglect or refuse to comply with the said order, the commissioners shall, by writing under their hands, appoint a proper overseer, effectually to carry on and complete the said channel, through the lands of such person so refusing or neglecting; which overseer upon producing his account of the expences of the work, upon oath, before the governor, shall have judgment and execution granted against such person or persons, for the full amount thereof, with an allowance of one shilling and sixpence per day, for overseeing the said work: And in case any person shall wilfully obstruct the said commissioners and overseers, or other persons by them employed in the discharge of their duty, under this act; the governor shall, upon certificate made thereof, by the said commissioners or overseers, order the offender to be committed to prison, until he give in good and sufficient security to of fer no further obstruction: And the work to proceed in the mean time, as if no obstruction had been given *. Legacies. LEGACIES are to be paid within ten or fourteen days after the probate of the will t. Licence. Ir is enacted, that the ancient laws, with respect to forfeiting vessels and goods, for carrying persons off the island without a licence, be repealed; and that any ship, vessel, or boat, which shall carry any person or persons off the island, without the governor's licence, shall forfeit any sum, not exceeding ten pounds, to the lord, to which forfeiture the master of the vessel shall be liable in the first instance, over and besides paying the debts which such persons did owe in the island, at the time of their departure, as mentioned with respect to assisting debtors to escape off the island, [See Debtor.] But if the master be absent or insolvent, the vessel to be then subject to the said fine and debts in manner aforesaid; but not to be so liable longer than *A. T. 1776, 長 + Sp. Cus. Laws. |