years next following; and thereupon it shall be lawful for such deemster on such report, to grant judgment and execution against such disagreeing party, for one moiety of the sums so reported: the amount of which moiety shall be paid in the whole, or in such parts and proportions, and at such times as to the deemster shall appear just and reasonable, according to the circumstances of the case; and the party so applying, upon receiving the same, or such part or portion thereof as shall be adjudged him as aforesaid, shall with all convenient speed, erect a stone wall, at the least two feet four inches broad in the foundation, five feet in the perpendicular height, and sixteen inches broad at the top at such height, together with proper coping, or projecting stones to complete the same.

And in case the said old boundary be crooked, and that the parties shall not agree upon a direct line in order to make the said boundary more complete and less expensive, then either of the said parties may apply to a deemster, who shall order the commissioners of drains, at the expence of the parties, to view and survey the said boundary and premises, and upon duly considering the quantity and quality of the ground, shall settle the difference between the parties, and ascertain the new boundary. And in like manner the said commissioners are authorized and directed to view, shorten, ascertain, and fix all other boundaries whatsoever, which shall be referred to and come before them in manner aforesaid. And that the said stone wall, and other boundaries fixed by the said commissioners, and all other boundaries which have been or may be erected by consent of parties, shall be deemed and adjudged repaired, and amended as the true and lawful boundary for ever *.

A. T. 1776,

Breach of the Peace.

UPON flagrant breaches of the peace, open riots, and disturbances, or other notorious misdemeanors, it shall be lawful for the governor, or any of the officers or deemsters, or if occasion shall require, for the constables of garrisons, or commanders of forts in their respective towns, to commit the offender or offenders, who shall be held to bail by order from the governor, to answer and stand trial at such time as shall be appointed:- but such trial not to be delayed, but to be brought on with all possible speed. Provided that in case of murder being committed, or any mortal, violent, or desperate stroke, or wound given, whereby any person's life is in immediate danger, the offender is not to be admitted to bail, but to remain in gaol to undergo his trial, according to the course of the law; and that this act shall not restrain the governor or deemster from proceeding upon the law, touching battery and provocation, without juries, as formerly *.

Buggery.

THAT any person committing or suspected of committing such crime with any manner of beast, the case shall first have and receive examination in the spiritual court, according to matters of rape, sorcery, and the like; and afterwards in the temporal court, by indict ment and arraignment, as in the case of felony, or other notorious crimes, if the spiritual court so return the same. And if the malefactor be found guilty, then sentence of death to pass against him, and to forfeit life and limb at the pleasure of the lord, and likewise all

* A. T. 1736.

1

his estates, lands, goods, and chattels, as in the case of felony, or other notorious crimes *.

Kalendar.

THE style according to the new kalendar established and to be observed in this island.

All fairs depending upon the moveable feasts to be holden according to the new kalendar; but such fairs as have been fixed to certain nominal days of the month, or depend upon the beginning of any certain day of any month, and the Tynwald court usually held with the fair on the feast of St John the Baptist, at which the several coroners were and hereafter are intended by this act to be chosen and sworn; and the times of hiring, giving warning, and discharging of servants shall be held and done upon the same natural days on which they would have happened in case this act had not been made.

And whereas, according to divers usages within this isle, the entering upon the possession of lands and houses, either by the recoveries of titles, or by setting and letting, or opening of grounds for pasture and other purposes, are often, on particular nominal days and times in the year, and, on the other hand, the owners of such lands and houses on determination of such settings, and of the letting of pastures have a right to enter upon, shut up, and inclose the same for their own use; and there is, in many other instances, a temporary and distinct property vested in different persons, in and to such lands and houses, according to certain nominal days and times in the year. And whereas, the anticipating the said days and times by eleven days, according to the new kalendar, might be.

* A. T. 1665. .

attended with inconvenience, it is therefore provided, that the times and days aforesaid shall be observed according to the old style, that is to say, eleven days later than the same would have happened according to the new style.

And that this act shall not accelerate or alter the accustomed times of paying the lord's chief rents, fines, or other dues whatsoever *.

Carriages.

WHEREAS, by the ancient laws of this island, the tenants and inhabitants thereof are and have been accustomed to do their duties and service to the lord and his ancestors at the building or repairing of his forts or houses in the island, by the service of themselves in person, or by the service of some sufficient and able labourer in his or their behalf, fit for the work in hand: contrary to which many and divers of the farmers and tenants of the better sort usually send boys and children to such work, by means whereof the burden lies upon the poor people, who are constrained to serve in their own persons, and such works are neglected or not well performed, notwithstanding that they are for the honour and safety of the country: It is now therefore ordered and enacted, that every farmer, tenant, and inhabitant of this island so neglecting to do such duty or duties in his or their own person or persons, or in default thereof, shall not fail to send some able and sufficient labourer in his stead: he or they so offending, shall, for every time, forfeit sixpence to the lord, upon the presentment of the officer or officers that shall be put in charge with such works t.

* A. T. 1753.

+ A. T. 1645.

Castle-Maze.

THAT a castle-maze be paid out of five maze of her rings in a boat taken; and half a maze out of two maze and a half gotten in a boat, as oft as they go to sea and gotten so and that is our law, the custom and usage. And the lord to pay sixpence for a maze thereof: Provided that the bringers of the first maze shall for the same have three shillings and fourpence.

so:

At every herring-fishing on the coast of Man, all manner of persons whethersoever they be, barons, officers, or soldiers, to pay the castle-maze and customs, as hath been heretofore used.

-

Note. The castle-maze hath, of late years, been commuted for a yearly payment in money, which bears the name of herring custom, and hath been appropriated by an act of the British parliament to the repairs of the harbours of the island. The laws relating to castle-maze are inserted for the purpose of throwing a light upon the nature and origin of this custom.

Children.

In case a man dieth intestate, the bishop or his vicars-general shall order his children legitimately begotten to be joint executors *.

Also, if any make their testament, and leave not sixpence legacy to their children unmarried, legitimately begotten, or the value thereof, then the ordinary may make him or her executor with the rest †.

A man having married two wives, and having chil dren by the first wife, being under age, the father is bound to bring them up until fourteen years of age,

* Sp. Customs.

Temp. Customs, 1577.