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times. And for a woman, one shilling and fivepence, or else such duties as were used in old time. And for the poor, all debts being paid, to be reasonably agreed withal.

The clerk's silver, on the south side, is elevenpence, and the head penny of the which twelvepence, the curate hath sevenpence, the parish clerk threepence, and the parson's clerk twopence; and upon the north side fifteenpence. And in case a poor person depart, and there is not wherewithal to pay the clerk's silver, then the clerk shall have no duty, but the duty to be sold to pay the head penny and clerk's silver. And if any thing want, the next of kin to make it good, because if the party were wealthy, and made no will, they should be his executors *

Whereas it is a complaint, that the lord of the island makes clerks of the parishes by his special grants, whereas the parishioners pay the clerk his dues, his lordship is graciously pleased that the parishioners. and parson or vicar of the parish shall have the nomination of the clerk, and the bishop to have the allowance or approbation of him for his sufficiency, and ability to perform the place t.

Pinfold, or Pound.

WHOEVER taketh any man's goods, and bringeth them to the pinfold, he shall send notice to him that owneth the beasts, to loose them: And the party that taketh the said goods must send to the owner, with convenient speed, knowing the owner; and the owner not being known, to be called at the parish church, on the next Sunday, or at the next market. If that then he will not do as aforesaid, to give the goods water once

*Spir. Cust. Laws.

+ A. T. 1643.

a day; and if they die, the owner can have no amends, for they are lost in his own default.

A halfpenny per foot for beasts impounded, to go one half to the lord, and the other half to the pin. der*.

The goods or cattle of any person trespassing on another man's ground, may be taken to the pinfold in the same parish, by the owner of the said ground, his family or servants giving the owner of such goods or cattle sufficient warning of the impounding thereof, to the intent that he may relieve the same t.

For all live goods impounded the owner is, before releasement, to pay a halfpenny per foot to the pinder or warden (whose fees are one half thereof,) and he is to account for the same every year at the debet court, that the lord's part thereof may be estreated.

The pinfolds in every parish are to be kept in repair at all times of the year, or in default thereof, the parishioners to be fined as heretofore accustomed; and the same to be presented by the great inquest, upon the proof or complaint of the pinder, or other lawful proof or complaint made; and the course of repairing the pinfold is to be according to the rule of repairing churchyards, which is done by the tenants of every treen, or division of the parish, doing their particular proportion. And it is ordered, that sufficient pinders or wardens, shall be nominated and sworn to deal truly therein; and to give a true account of the lord's fee, every year, and the oath to be administered by the deemsters, or by the coroner or lockman, before the four members of the great inquest of the parish: And in case the pinder be negligent in his office, he is to be fined and punished, and removed from his office, and another placed in his stead, as aforesaid; whose election is to be by the captain and the four of the great inquest of the parish, as they shall find just cause for his + Ordinance, 1583.

Temp. Cust. Laws, 1577.

honesty and ability, and convenient living near the pinfold. And in respect that one pinfold in a parish is too few, every parish is at liberty to erect another at their own charges, which is to be used in the same manner as the ancient pinfold, to all intents and purposes *.

It shall be lawful for the governor, at his discretion, upon application made to him by the farmers or tenants of any of the treens, within the several parishes, to give licence to any, or as many of them as he shall think fit, to erect, at their own charges, one pinfold, in the most commodious place in the said treen, provided that yearly at the sheading court, to be held for that parish, after Michaelmas, a sufficient pinder be sworn; and every such licence is to be first enrolled in the comptroller's office t.

Prison.

If any person shall be found, and lawfully convicted of receiving any malefactor, aiding and assisting to break, or make his escape out of gaol, such person or persons so offending, shall forfeit the sum of twenty pounds to the lord of this isle: And whosoever shall be found and convicted of being any way active in conveying and carrying any malefactor off the island, or aiding and assisting him in his escape, agreeing with a vessel, carring messages, or the like, such offender or offenders shall be fined in any sum, not exceeding ten pounds, to the lord, besides three months imprison ment: And whosoever shall rescue any person imprisoned, or in execution for debt, or be hereafter found, directly or indirectly, concerned in aiding or assisting any debtor to escape out of gaol, or to get off the island, or in privately conveying or carrying off any person in

* A. T. 1665.

+ A. T. 1705.

debted within this island, such persons, upon proof made thereof, shall be liable to pay all the debts which such debtor owed in the island, at the time of his departure, besides a fine to the lord, not exceeding three pounds but in case such persons so offending as aforesaid, have not effects to discharge the said debts, then they shall be whipped in the four market towns, besides three months imprisonment: And if any goods can be found, the same to be applied towards the payment of the said debts, as far as they will extend *.

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Rent.

No goods or chattels of tenants, being in any house or houses, or upon any lands or tenements let for life, or for one or more years, or otherwise, shall be taken by virtue of any execution, or extended, unless the party at whose suit the execution is sued, do, before the removal of such goods, pay the landlord one year's rent, if not already paid him; and then the party may proceed to execute his judgment, and the coroner or other proper officer concerned to execute the same, is to levy and pay the plaintiff, as well the money so paid for rent, as the execution money and charges. And if any lessee, or tenant, shall fraudulently or clandestinely convey, assign, or carry off, or suffer to be carried off, his goods from the demised premises, with intent to prevent the landlord from distraining for his rent, the said landlord, or any person by him employed, may, within fourteen days after his rent becomes due, take and seize such goods wherever they shall be found, as a distress for his arrear of rent, and dispose of, and sell the same, as if such goods had been actually distrained upon the demised premises; nor shall any sale

* A. T. 1737.

or assignment of a lessee, or tenant's goods, though. for a valuable consideration, be deemed good against the landlord's preference for one year's rent, unless there are goods left sufficient to pay the same: Provided that this act shall not prejudice the Lord of the island in levying his rents, debts, fines, forfeitures, or other rights or demands due to him, preferable to all others, as if this act had never been made; and if the tenant's goods should be removed any considerable time before the rent becomes due, whereby they might be secreted or made away, or clandestinely conveyed off the island to prevent the landlord from distraining, it shall in that case be lawful for the landlord to obtain the deemster's authority to lay them under an arrest, to be forthcoming for the rent, unless the person that removes them will give security to pay the rent when the same becomes payable *.

Salt.

It shall not be lawful for the master or mariners of any vessel, or boat, on any account or pretence whatever, to carry off this island, or export from hence into any part of Great Britain, any quantity of salt exceeding two bushels, for the ship's store, under penalty that the master, or any of the mariners of such vessel, or boat, so carrying off the said salt, or any other person, or persons, aiding or assisting therein, and lawfully convicted thereof, shall suffer three months imprisonment, and forfeit the sum of thirty pounds, two third parts thereof to the use of the lord of the island, and the other third part to the informer †.

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