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order to be in force until the lord's further pleasure be known *.
It is enacted, that when any person comes to the coroner, lockman, or serjeant of any barony, with authority to convene the great inquest upon any cause, such person shall, besides the usual fee, deposit two shillings into such officer's hands, to the end that the same may be applied to the charges of the said inquest : Yet, if it should afterwards appear that the defendant was the cause of the trouble given to the said inquest, it shall then be lawful for the magistrate who accepts their ver. dict, to grant immediate execution to the plaintiff, to le.. vy as well the said two shillings, as all other occasional fees, of and from such defendant, without further suit t.
Whereas disputes concerning ways, water-courses, and boundaries, and the like, have been inquired and decided in by great inquests: It is ordered, that no such dispute shall go to a second great inquest, but that all disputes and differences whatsoever, proper for the inquiry of a great inquest, shall first be verdicted in by such great inquest; and either party may, within twenty-one days from the recording of the verdict, and not afterwards, be admitted to traverse the same to a long jury of twenty-four men, to be impannelled and sworn as formerly, giving bond to the clerk of the rolls, in the penalty of three pounds, to the lord's use, to disprove such verdict by the long-jury: and he shall be obliged to prosecute the same with effect, so as that the long jury give in their verdict within six months from the entering of the traverse, or at the next court of general gaol delivery, after the expiration of the said six months, upon pain of commitment, until they agree and give in the same. * Ord. 1585.
+ A. T. 1737.
And either party may also, within the like number of days, traverse the verdict of the long jury to the house of keys, giving in bond as aforesaid. And this traverse shall likewise be prosecuted with effect, at the next meeting of the keys, to determine common law causes. And then, if occasion be, the said keys, or a committee of them, not under six, to be nominated by the house, may, for their better information, take a view of the.place or subject in dispute, and make report thereof to the rest; after which view, (if necessary) hearing the parties, and considering the matter, the return of the keys to be delivered to the governor: and it shall be lawful for the keys to return such great inquest and long jury, or either of them that shall be found to have acted partially, wilfully, or erroneously, to the mercy of the court for a fine, not exceeding ten shillings a-piece. And if, through the default of the party, the long jury's verdict, or the return of the keys, be not given in within the time before limited, the cause shall be dismissed, and the verdict traversed enforced: and the party failing to be at the mercy of the court for the penalty of his bond, and pay all charges by immediate execution from the magistrate concerned * .
Whereas, from the proceedings of the great inquest, a traverse lay to a long jury, and from them to the house of keys, which mode of proceeding is found to be dilatory and vexatious. It is therefore enacted, That the great inquest, and all proceedings before them, shall cease; and all matters heretofore cognizable before the great inquest and long juries, shall be tried and deter. mined at common law t.
Whereas the herring fishery hath been for many years uncertain, and yet several have bought up and transported fresh herrings before the country has been supplied, to the great detriment of the public; It is therefore enacted, That no person shall be allowed to buy up any herrings for exportation from this isle, or the coast thereof, until the country be supplied; that is to say, as long as the herrings may be bought at one shilling and twopence the hundred, or above; and that the fishermen have a vent for the same at that price within the island ; and if any offend herein, they shall forfeit as follows : viz. The buyer to forfeit all such herrings as shall be bought for exportation, or the value of them, and the seller a sum equivalent to the price; to be levied by execution from the water-bailiff, upon proof made before him : one half to the informer, and the other half to the poor of the parish*.
WHEREAS it hath been judged expedient to erect a new jurisdiction in each of the four market towns, for hearing and determining matters of debt under forty shillings : It is therefore enacted, that it shall be lawful for the high-bailiff of Castletown, for the time being, to issue his warrant for the convening of any party, witness, or other person whom it may concern in matters of debt, arising within Castletown aforesaid, or the seyeral parishes of Malew, Santon, Arbory, and Rushen, in which warrant the sum in demand shall be specified, and shall not amount to forty shillings. And the said
high bailiff is authorised to hear and determine every such cause at Castletown aforesaid, and to give judg. ment therein, and grant execution for such debt and costs in his discretion, in such and the like manner and form, and with the like authority and jurisdiction as the deemster now doth and hitherto hath done.
And the high-bailiff of Douglas is in like manner ay. thorised and empowered with respect to such cause arising within the said town, or the several parishes of Lonan, Conchan, Braddan, and Marown."
And the high-bailiff of Peel is in like manner autho. rised with regard to such causes arising within the town of Peel, or the several parishes of Patrick, German, Michael, and Ballaugh.
And the high-bailiff of Ramsey is in like manner empowered with respect to such causes within the said town, or the several parishes of Jurby, Andreas, Bride, Lezayre, and Maughold; which said highbailiffs are to be appointed by the governor for the time being; and all coroners, lockmen, petit constables, and others, whom it shall concern, are re. quired to yield obedience to the directions, orders, and judgments of the said high-bailiffs, in like manner as they have hitherto given obedience to the di. rections, orders, and judgments of the deemsters: But if any party find himself aggrieved by the order or judgment of a high-bailiff, he may prefer his appeal therefrom to the deemster, and the said high-bailiff shall accept the same, provided it be preferred within seven days from the day of the service of such order or judgment, which service is to be certified by the officer executing the same, and the certificate exhibited to the high-bailiff along with the appeal : And that the appellant do enter into a bond with or without sureties, at the discretion of the high-bailiff, in the rolls office, in the sum of three pounds to our lord the king, that he will prosecute such appeal with effect within the term limited in the acceptance thereof, which shall not exceed one month: And shall also answer such judgment, costs, and charges
as shall be awarded by the deemster, in case the order or judgment appealed from be affirmed: But if no appeal be preferred, or if bond be not entered into as aforesaid, then the said judgment of the high-bailiff to be for ever after final and conclusive upon all parties. And if any high-bailiff, upon the hearing of a cause, find that the plaintiff's debt, exclusive of costs and fees, amounts to forty shillings, he shall dismiss such suit, for' want of jurisdiction, with costs. And if any party shall com, mence a suit before the deemster, for the recovery of a debt, or other demand, under the value of forty shillings, or without shewing good cause why he apprehended that the same should amount to that sum, it shall and may be lawful for the said deemster to dismiss sucha suit with costs, as not cognizable by him. And it is further enacted, that no party, plaintiff, shall recover any debt, or demand, unless he shall serve the defend. ant with an account, or state of his claim or demand, three days at least, before the hearing of the cause by the said deemster, or high-bailiffs, or any of them; and that every civil duty and power heretofore vested in the captains of the towns aforesaid, shall be committed to the jurisdiction, orders, and directions of the high-bailiffs : and that in their respective towns the said highbailiffs shall have full power to make and give such rules, orders, and directions with respect to the repairing, amending, and completing of the several streets, and the removal of the encroachments, nuisances, filth, and rubbish in the said towns or districts thereto belonging, in such manner as in their judgment shall be most conducive to the public convenience : and that it shall be lawful for the said high-bailiffs, in their respective towns and districts, to take the acknowledgments of parties, and testimony of witnesses, for the probate of all deeds and instruments, in as ample a manner as the deernster hath hitherto practised, or shall be lawfully authorised to do; and that the said high-bailiffs, in the execution of their office, shall be considered and reputed as civil