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APPENDIX.

ACT OF SETTLEMENT

AND

ACT EXPLANATORY THEREOF.

An Act for the perfect Settling and Confirmation of the Estates, Tenures, Fines, Rents, Suits, and Services of the Tenants of the Right Honourable JAMES, Earl of Derby, within the Isle of Man, passed at a Tynwald Court, holden at St John's Chapel, within the said Isle, the 4th day of February, in the year of our Lord 1703, by the said JAMES, Earl of Derby, Lord of the said Isle, ROBERT MAWDSLEY, Esq. Governor, and the rest of his said Lordship's officers, and Twenty-four Keys, the representatives of the said Isle.

WHEREAS several disputes, questions, and differen

ces have heretofore arisen and been contested between the lords of the said isle and their tenants, touching their estates, tenures, fines, rents, suits, and services, to the great prejudice of the lords, and impoverishment of the tenants and people there, who, by that

means, have been discouraged from making such improvements as their estates were and are capable of : For the absolute and perpetual ascertaining whereof, and the avoiding all ambiguities, doubts, and questions that may or might, at any time hereafter, arise, or grow, touching or concerning the same, proposals were made unto the said JAMES, Earl of Derby, now lord of the said isle, at Lathome, the 8th day of September last past, by Ewan Christian of Unerigg, in the county of Cumberland, Esq., John Stephenson of Balladoole, and Ewan Christian of Lewaige, within the said isle, gentlemen; who, (by an instrument under the hands of the Twenty-four Keys, now remaining upon record), were empowered to treat concerning the same, as well for and on behalf of themselves, as all and every the tenants within the said isle, in manner following:

First, That in case his Lordship would be pleased to declare and confirm unto his tenants their ancient customary estates of inheritance in their respective tenements, descendable from ancestor to heir, according to the laws and customs of the said isle, that then the said tenants should, in consideration thereof, advance and pay unto his said Lordship, the same fines which they severally and respectively paid for their several and respective tenements, at the general fining, which was in or about the year of our Lord 1643: except where any tenant, or tenants have, or hath one or more life, or lives in being; and that then, and in such case, he or they should severally and respectively pay two thirds only of the said general fine, for their respective tenements.

Secondly, That upon the change of any tenant, by death or alienation, the next succeeding heir or alienee, should pay unto the lord of the said isle for the time being, the third part of the said entire sum, which was1 paid for a fine at the said general fining, in manner following That is to say, In case of the change of

a tenant by death, then the said fine should be paid within twelve months after the death of such tenant: and in case of the change or removal of a tenant by alienation, then the same should be paid immediately after such alienation, made proportionably to the lands and tenements which should descend, or be aliened; and this to continue forever hereafter, as a fixed and certain fine, upon every descent and alienation. Provided, nevertheless, that all intacks, cottages, and mills, which, by the laws and customs of the said isle, were, and are reputed chattels, might be chargeable with debts, and devisable by gift, grant, will, or assignment, as formerly accustomed, paying such fines respectively, as were paid at the general fining aforesaid: To wit, The whole fine where there were no lives in being, and two parts thereof only where there were and still are one or two lives in being; and a third part of the said general fine, forever hereafter, upon every descent or alienation, as aforesaid.

Thirdly, That the tenants of the abbey lands, as well as the lord's tenants, should be included in the said proposals, they and every of them paying the same fines that were agreed for, upon their late compositions or leases, made in or about the year of our Lord 1666 (except such as have one or more life or lives yet in being, to pay two parts only of the said fine now), and a third part thereof always afterwards, upon the admittance of a new tenant, either upon death or alienation, as aforesaid; and also yielding, paying, performing, and doing the annualrents, customs, suits, and services, as formerly and anciently accustomed and that the tithes arising out of the abbey demesnes, and reserved by James, late Earl of Derby, upon the composition by him made in the year 1643, and afterwards by Charles, late Earl of Derby, granted to Bishop Barrow (since deceased) and his successors, for the use of the clergy of the said isle, should be reserved, and forever hereafter payable to them.

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Fourthly, That the double rents of the quarter-lands, as they were then payable, together with all other rents, suits, and services payable out of those, or any other estates within the said isle, should be reserved and payable forever hereafter, as formerly, to the said James, Earl of Derby, his heirs and assigns, or to such other person or persons as, for the time being, should be lord of the said isle; and that the ancient boons and carriages, payable by the respective tenants, should be considered at a Tynwald court.

Fifthly, That if any tenant should then after pass away any part of his estate, either to any of his children, or other person whatsoever, by gift, grant, assignment, or any other deed or contract whatsoever, whereby to divest himself of the premises, that the same should be esteemed and accounted as an alienation within the intendment of the said proposals: or if any tenant who then had mortgaged, or should thence after mortgage all, or any part of his messuages, lands, tenements, mills, cottages, intacks, or other hereditaments unto any person, and should not actually redeem the same to his own proper use within the space of five years next after the commencement of the said mortgage, that then such mortgage should be likewise looked upon, and reputed as an alienation; and the mortgagee should be admitted tenant, and his name entered into the court rolls, and should pay the third part of the general fine charged and chargeable upon the said messuages, lands, tenements, mills, cottages, intacks, and hereditaments so mortgaged, or to be mortgaged as aforesaid: Provided, nevertheless, that the mortgager shall have the power and liberty of redemption still remaining in him, and is to be restored to the possession of the premises by law, or order of the court of chancery, as the matter will appear in equity; so that the same may be done within the space of one-and-twenty years from the date of the said mortgage, and not otherwise. And that all bills of mort

gage already made, or hereafter to be made, shall be entered into the records within six months after the passing of the said proposals into a law, or within six months next after such bills of mortgage were executed, otherwise such bills to be of no effect in the law.

Sixthly, That all new intacks, or enclosures taken out of the commons, and all mills erected since the the year 1643, that had not paid any fines, should have a reasonable fine set upon them by the governor, three of the lord's officers, and three of the Twentyfour Keys, to be appointed for that purpose; and that the fines so set by them, should be paid within six months next after the setting thereof; and that the third part of the said fine so to be set as aforesaid, should, forever hereafter, be paid upon the change of every tenant by death, alienation, or mortgage, as aforesaid.

Seventhly, That all intacks, or mills which should then after be enclosed or erected, should pay such fine and fines as should be agreed on by the governor and lord's officers, and that to be likewise a fixed and certain fine, to be forever hereafter paid by the tenants of the same, upon every descent or alienation, in manner aforesaid.

Eighthly, And that all such intacks and cottages as had been taken out of the highways adjoining the quarter-lands or other estates, but not belonging to the same, should not, nor were not intended to be included in the said proposals; but that such intacks and cottages (being complained of as great nuisances) should be referred to the consideration of a Tynwald court, to determine where the rents and fines of, and for such intacks and cottages, might most conveniently be fixed.

Ninthly, That whereas the fine lately paid out of the estate called Lough Mallow and Dry Closes, was

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