he is brought up in custody of the constable. It has been an ancient custom in the island, that if a person finds his adversary present, while the court is sitting, he may take him by the arm, and bring him before the deemster, and set his foot upon his adversary's foot, and instantly plead his cause, against the defendant; but this mode of proceeding has fallen into disuse.

The parties being now in court, the deemster hears their pleadings and allegations, or those of their advocates; examines the witnesses, or the parties themselves, upon oath, at his discretion; and, after this summary trial, immediately gives judgment, which is extended in writing under the deemster's signature; and before the rising of the court, is delivered to the party complainant, for the purpose of being enforced by the coroner. Or, as the case may be, the deemster dismisses the complaint, with such costs to be paid by either party, as he shall think reasonable to adjudge.

In matters of importance, it is usual to present a petition, stating the circumstances of the plaintiff's case, and which prays a hearing at the next court. Upon this petition, the deemster grants an order for that purpose under his hand, which constitutes the coroner's autho rity, without other warrant, to summon the defendant and the witnesses. This petition and order are served upon the defendant three days before the court, and the same consequences attach against him for non-appearance as before stated,

After the ordinary causes have been heard, the deemster proceeds to hear those which are ordered to come on by petition; and this being done as before mentioned, he forthwith proceeds to give such judgment in writing, as the nature of the case may require. This judgment is final and conclusive on the parties, unless an appeal should be preferred by either of them to the governor, agreeable to the statute of 1736*.

In order to get an allowance of the appeal by the deemster, it is necessary to present a short petition for that purpose; which being accepted, as it is termed, the case is brought on by petition to the governor, and heard and determined at the next appellate court. But in case the deemster should refuse to accept the appeal, the complainant may present a petition of doleancet, stating the circumstances of the case, and that the deemster had refused to accept the appeal, when the governor will, as a matter of course, grant an order for the cause to be heard before him.

In the deemster's court, there are many peculiar advantages, independent of the celerity and cheapness of obtaining justice. The judge, in particular cases, will elicit a discovery of facts, in the absence of better and more direct evidence, by the oaths of the parties to the cause. He will order the production of deeds or papers, which often precludes the necessity of a bill in equity. And in all disputes be

* Appendix, Appeal.

+ From the Latin, dolor.

tween landlord and tenant, or respecting the right, to the possession of lands and premises, the cause is heard in a summary way; and, in the latter case, the deemster, by his judgment, orders immediate possession to be given by the

coroner..

Upon the sale of any commodity, the receipt of the smallest sum by the seller, or the delivery of a handful of hay or straw by the seller, to the purchaser, is sufficient to bind the bargain; and the deemster will enforce a performance thereof, unless there was a manifest imposition on the part of the seller in his description of the commodity, in which case the deemster will order the thing to be returned, and the consideration money restored; and in all cases, the simple personal promise, or engagement, to answer for the debt or default of another, is denominated bail for the principal, and is binding to all intents and purposes, without a note in writing. It is requisite to observe, that all notes or other engagements in writing, are, by the laws of the island, deemed specialties, and although they take no precedence over simple contract creditors, they cannot be vacated by oral testimony*

With respect to prosecutions for slander, &c. they are usually commenced in the deemster's court, under the statute of 1738, which directs, that "in all complaints of slanderous words, the party defamed, or any informer of a slander, shall be obliged to make a declaration of

*There is no such law as the English statute of frauds and perjuries, in the Isle of Man.

the slanderous words before a proper judge or magistrate, within fifteen days after the speak ing or uttering the same, in order to a prose cution; otherwise, such complaints of slander not to proceed at any time afterwards."

And by a statute in the preceding year, “ it is ordained, that after slanderers and defamers are found guilty, either in the temporal or spiritual court, as the matter shall be properly cognizable, the person slandered shall not only recover his costs by action at law, but also such further damages as shall be suitable to the injury sustained, and the ability of the defamer.

HIGH-BAILIFFS.

WITH respect to the office of high-bailiff of the four towns of Castletown, Douglas, Peel, and Ramsay, the institution is modern, and was constituted by the act of Tynwald of 1777*. This office is held by commission from the governor during pleasure.

By virtue of the high-bailiff's office, he is conservator of the peace, and superintendent of the police, and has jurisdiction in all mat ters of debt under forty shillings. He is also empowered to take the acknowledgment of parties, or testimony of witnesses, for the pro bate of all deeds or instruments brought before him.

Appendix, High-bailiffs.