Page images

besides the fees arising for business done at the place of such attendance.

In case any dispute arises between the attorney and his client, or other party, subject to the payment of a bill of costs, such attorney shall give a copy of the bill to the person disputing the same, and afterwards cause such person to be noticed of the taxation of such bill, six days, at least, previous to the taxing thereof. And in case such bill be found just and fair, upon taxation, the necessary trouble and charges attending the same to the attorney, shall be added and allowed him, along with the amount of such bill.

And in case the said bill be overcharged, and that the party had just cause to litigate the same, then such party shall be allowed for his trouble in the dispute, by the clerk of the rolls, and such allowance to be deducted off the bills of costs *.

Felo de se.

WHEREAS the wife of John Moore did perish herself: all such goods as were belonging to her are the lord's, by his prerogative, except what belongs to the coroner, which are corbs : viz. Her outermost garment, broken hag-yard, all beasts under three years of age, her part of the houses, these goods being found free, in parte .

Item, the deemster to have four shillings, and the moar four shillings, or else the third penny. Such costs as were made on her burial not to be on her part of the goods, for they were forfeited to the Lord bea fore 7. .. .. .


[ocr errors][ocr errors][merged small]


All felons goods, as horses, mares, oxen, and kine above two years old, belong to the lord, and those that are two years and under to the coroner. Also the sheep that be a year old and under have been given to the coroner. And also, if there be a broken rook of oats, we have seen the coroner have the felon's part thereof. All sheep above a year old, and all corn not broken, fall to the lord. Also swine of whatever age, with all other goods, belong to the lord, except the corbs that should pertain to any heir by the law, those the coroner should have. All the goats to belong to the queen of Man *

If any inlayne or other by-man, have any goods with a felon, he must make suit for his goods from the time that the felon is indicted, until he be condemned : and if he doth not, the said goods are in the lord's grace, if he be within the land that claimeth such goods.

The deemsters and moars shall have their fees out of the coroner's part: if it come to twelve shillings, the deemster shall have four shillings, the moar four shillings, and the coroner four shillings. If it be under twelve shillings, to have after that rate, and all that is over the said fees to be the coroner's.

Whosoever is apprehended for felony, and condemned to die, the party that sueth him to death can have no more than is found in his hands which he is condemned for, although he confesses that he had more, for that which he had is my lord's by his prerogative.

No person dwelling on the south side shall receive any common thieves which dwell on the north side; and so vice versa ; for if any do as aforesaid, he is a fe

* Ord. 1504.

lon by the law, as well as he that stealeth the goods : and such to be presented by the great inquest *.

Wheresoever any thief shall be found to steal either mutton, sheep, lamb, goat, kid, swine, or pig, the same shall not be priced by the jury of indictment, as hath been accustomed, who sometimes valued such goods under the value of sixpence-halfpenny, out of a foolish pity and partial regard, to extenuate the rigour of the law: But every sheep, mutton, or lamb, of what age soever they be, being stolen, shall be found to be felony in the offender to death, ipso facto, upon the inquisition taken, without valuing or distinguishing the price.

'The stealing and cutting of bee-hives in gardens shall be felony in like manner to death, without valuing the same. And whereas heretofore such as have stolen turf, ling, gorse, robbed gardens, clipped other mens sheep, stolen corn and hay out of fields and hag-yards, stolen geese, hens, ducks, or such like pilferies and fe. lonies, have all of them been connived at and slightly let pass : It is therefore ordained, that all such manner of theft, if it amount to the value of sixpence-halfpenny, shall be felony to death in the offender; and under that value to be whipped, or set upon a wooden horse ordained for such offenders, at the discretion of the captain ; and every coroner, so often as such cases happen, shall choose and impannel of the most sufficient men in the parishes to be jurors : and if any refuse or be disobedient, the coroner to use no delay to present them, that they may be fined, not troubling any of the twentyfour keys in these services, unless they be specially com. manded thereto by the captain f. : : Whereas juries upon trials of felonies sometimes will not find malefactors guilty, unless the fact be proved against them by two positive witnesses, which can seldom happen : It is therefore enacted, That one credible

* Cust. Laws, 1577.

+ A. T. 1629.

witness proving the fact, and supported by probable circumstances, or the mainour being upon search, or otherwise found with or upon the malefactor as aforesaid, shall be held good and sufficient proof in law to convict such malefactor.

And in case any doubt shall arise to the jury, in relation to any evidences or circumstances before them, they shall ask the opinion of the deemsters, in court, whether the same amount to conviction, or whether the criminal deserves any lesser degree of punishment, as burning in the hand, or whipping : and it shall be lawful for such jury, as such matters shall appear to them, to find and return their verdict in the premises accordingly. But if such jury be found to act partially, or illegally, or contrary to evidence, the keys to be called to pass upon their proceedings in manner as formerly accustomed.

And if any prosecutor in a criminal prosecution, or any other person, by his privity, order, or direction, shall compound or agree not to proceed in such prosecution, after a hand-suit given to the coroner or lockman, or after stolen goods found upon search, pursuant to the deemster's token, or shall by corruption or other indirect means, refuse or decline making proof to the mainour, when found as aforesaid ; such persons, being convicted thereof by a jury, shall be fined any sum not exceeding six pounds, thirteen shillings and fourpence, to the lord of the island.

No court, judge, or magistrate, within this isle, shall impose or inflict any fine or punishment upon any per. son on account of any criminal cause, until he be first convicted by the verdict or presentment of four, six, or more men, upon some statute-law in force in the said isle ; nor imprison any person arbitrarily, before a proper complaint is made and lodged, and affidavit made to the truth thereof *.

* A. T. 1737.

In all complaints of petty larceny, it shall be lawful for the governor, deemsters, or other magistrates, who have jurisdiction of inquiry, as it appertains unto them in their several stations, to grant the party injured a process to the proper officer, for a jury of inquiry, to inquire of and discover the offender, by examination upon oath, in manner following: That is to say, upon such complaint of petty larceny, in all things left to the valuation of a jury, by the statute 1629, and other instances of such like nature, the method of proceeding shall be, that all suspected persons and others, who shall be summoned to the jury of inquiry, which in that case is to consist of six men, shall be examined upon oath, and be obliged to give their oaths in relation to the committing the fact inquired of, either by themselves or others; and if any person conscious of his guilt, shall refuse to give such satisfaction upon oath, for the discovery of the offender, the person so refusing shall be held as guilty of the fact. Or if the larceny shall, upon inquiry, be found by the jury, in either case they shall verdict and leave the offender to be fined and punished at the discretion of the court: Provided, that if the larceny in question shall appear or turn out to be grand larceny, to the amount of sixpence-halfpenny, by the valuation of the jury, then the same jury shall proceed by way of inquisition for felony: and upon'proof, confession, strong presumption, or suspicion supported by prevailing circumstances, shall indict the offender, according to the common course of law; and the oath first given them shall be to that effect *.

When any person shall be apprehended on suspicion of having committed treason or felony, the coroner in whose sheading the same has been committed, shall, af. ter the offender is taken into custody, and secured by him ex officio, thereupon proceed by warrant from a deemster, and summon a jury of six good and lawful

[ocr errors]
« PreviousContinue »