« PreviousContinue »
and agreed unto, and not otherwise. And it is further provided, that nothing in the said saving shall impeach or be prejudicial to, or be construed to impeach or be prejudicial to the settlement of the nature and quality of the estates, tenures, fines, rents, suits, and services which hereby, and by the said proposals, are agreed upon and intended to be enacted, granted, and confirmed, any thing in the said saving to the contrary note withstanding.
Note. That it is agreed and consented unto by the governor, officers, and Twenty-four Keys aforesaid, at the signing hereof, that this act shall be no way construed and taken to free and discharge the tenants and inhabitants of this isle from giving their best assistance or supply for the defence of this isle in time of war or imminent danger, in such manner as shall be agreed upon by the governor, officers, and Twenty-four Keys of the island, for the time being, as occasion and necessity will require."
The assent of James, Earl of Derby, then lord of Man and the Isles, was given, in usual form, to the beforegoing act, excepting the clause therein contained respecting the tithes of the Abbey Demesnes ; and the said act was promulged upon the Tynwald Hill, in usual form, the 6th of June 1704.
Acts likewise passed by the Right Honourable JAMES,
Earl of Derby, Lord of the said Isle, and by his Governor, Officers, and Twenty-four Keys, the Repre. sentatives thereof, at the before mentioned Court of Tynwald, holden the 4th day of February, Anno Domini 1703.
“ WHEREAS by a clause in the before mentioned act of settlement, the respective tenants and inhabitants of the said isle, are obliged to pay (besides their rents and fines therein mentioned and expressed) all other their dues, duties, and carriages, as have been formerly accustomed, and that the fixing and ascertaining of the said carriages is, by the said act, left to the consideration of a Tynwald court. Be it therefore ordered, ordained, enacted, and declared, by the authority of the said court of Tynwald, that the tenants and inhabitants of this isle shall pay and do their carriages to the lord, as formerly accustomed : That is to say, Four carriages from every quarter of land ; and one carriage from every cottage and intack holder within the said işle; and the same to be performed either by the labour of horses, or service of men, as the governor shall think fit to order, and as hath been formerly ac. customed; and that these carriages shall be taken for the lord's use, as his lordship, or the governor for the time being, shall think fit to employ them; and that no tenant shall be exempt from doing of these car. riages, but such as have been legally accustomed to be freed thereof. Also, whereas by another clause in the aforesaid act of settlement, all persons 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 per. son, and should not actually redeem the same to his own proper use, within the space of five years next af. ter the commencement of the said mortgage, that then such mortgage should be looked upon as an alienation, and the mortgagee admitted as tenant to the same, in such manner, and on such terms, as in and by the said clause is fully mentioned and expressed. And for as much as it is conceived that several fraudulent bargains may be made, by letting of lands, tenements, mills, cot. tages, intacks, and other hereditaments, for the security of money, under other notions than that of a mortgage, to defraud our honourable lord of his fine: Be it therefore ordered, ordained, and enacted, by the au. thority aforesaid, that all such bargains as shall hereafter be made, and given for the security of any sum of money, upon lands, tenements, mills, cottages, intacks, and other hereditaments as aforesaid, longer than for the term of five years, shall be declared and taken to be a mortgage within the intendinent of the said act, unless the court of chancery, within this isle, shall ad. judge it otherwise ; and that the mortgagee shall be liable to pay such fine for the same, as in and by the said clause inserted in the said act is mentioned and declared. And also, whereas by another clause in the aforesaid act of settlement, it is mentioned and express sed that all such intacks and cottages as had been taken out of the highways adjoining to the quarter-lands, or other estates, but not belonging to the same, should not, nor were not intended to be included in the said act of settlement : but that such intacks and cottages (being complained of as great nuisances) should be referred to the consideration of a Tynwald court, to de. termine where the rents and fines of and for such in. tacks and cottages might most conveniently be fixed. Be it therefore hereby ordered, ordained, and enacted, by the authority aforesaid, that the rents and fines of all such cottages and intacks taken out of the highways adjoining to any quarter-lands, or other estates, whether
they belong to the lord or barons, being taken to rent in or since the year of our Lord, one thousand six hundred and ten, are to be paid by those farmers and tenants, or other persons unto whose lands and tenements these cottages and intacks do adjoin ; and they to be. come tenants thenceforward to the lord for the said cottages and intacks, and that the said tenants and in, habitants dwelling in and possessing those cottages and intacks, shall henceforward become subtenants to the said farmers, tenants, and other persons, upon such reasonable terms as can be agreed upon betwixt them, or as shall be thought reasonable by the court of chan. cery of this island, and if any such cottage or intack holder do not submit to such terms as the court shall order therein, then such cottage or intack holder is to be ejected out of the said holding, and a jury of four men sworn to value what improvements he has made on the same, which said value (being approved of by the court) the said farmer, tenant, or other person, is to pay and reimburse unto the said cottage, or intack holder, and thereupon to be immediately possessed of the same, and have liberty to dispose of the said cottage or intack, to whom and to what uses he shall think fitting, provided always that such farmer, tenants, or other persons, unto whose lands such cottages or intacks do adjoin, complaining of such to be a nuisance, shall be obliged to make the same appear to be so, within eighteen months next after the date hereof, otherwise and in default thereof, the said cottage or intack holder shall have and enjoy the same on the like terms that other cottages and intacks are held and enjoyed within this isle, by virtue of the said act of settlement, without any disturbance of the said farmer, tenant, or other person, at any time after the said eighteen months are determined and expired. And it is likewise provided and declared, that all highways, out of which any intacks or cottages have been taken, that shall be found not to be eighteen feet broad, according as the statute provides, shall be enlarged out of the said intacks or cottages (when complained of) at any time hereafter, any thing herein mentioned to the contrary notwithstanding. And whereas, in' the saving part of the said act of settlement, it is mentioned and declared, that all quarries and delfs of flag, slate, and stone are reserved to his lordship and his heirs, as á royalty and prerogative belonging to them within this isle; which part of the said act seems to restrain the farmers and tenants of the said isle, from digging and getting such sort of common stone as might be necessary for building and making of other improvements on their estates and tenements : Be it therefore enact. ed, ordained, and declared, by the authority aforesaid, that notwithstanding the general words in the said act of settlement, that every tenant and farmer shall, nevertheless, have free liberty of digging, raising, and disposing of all sorts of stones and slates upon their respective tenements, as hath been formerly accustomed, so that they be einployed only for their own use, and for the improvement of their own and neighbours estates and tenements; and that they shall not dispose or make merchandize of the same otherwise, without the licence or liberty of the lord or governor of the said isle first had and obtained for the same; and if any farmer or inhabitant, having a quarry or quarries of limestone, or other common stone, on his or their grounds, shall obstinately refuse or deny liberty to any other person or persons to dig or get such limestone or other stones for the improvement of his or their lands or tenements, or otherwise, without paying him a high and unreasonable consideration for the same, then and in such case, it shall and may be lawful for the governor of this isle, for the time being, to interpose, and order that such person or persons as stand in need of such limestones, or other stones, may dig, raise, and carry away as much as will be necessary for his or their úse, paying unto the farmer or inhabitant,