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Any person keeping a stone horse under the value of six shillings and eightpence, shall be presented by the great inquest.
If any persons keep scabbed horses or mares, the co. roner ought to bring them to the next hough, and cast them down there, and the owner to be put in three shillings and fourpence fine, and presented by the great inquest, and the coroner to have a shilling for his pains; and if he does not his duty therein, to be fined thirteen shillings and fourpence *.
Whosoever shall be found or detected to pull horses tails, shall be set on the wooden horse, thereon to continue for the space of two hours, and to be whipped from the waist upwards t.
WHEREAS it has been the practice to give the natives of the island a preference to strangers in the recovery of debts from an insolvent debtor, it is hereby enacted, that all his majesty's subjects, and all others, whose prince is in amity with the Crown of Great Britain, shall have the same rights and privileges in the payment of their just demands, upon the distribution of insolvent debtors estates, as the natives of the island have heretofore had, provided that the governor, upon granting a decree on a claim against any of his majesty's subjects, or others in amity with his crown, residing in this isle, for debts contracted and due previous to such their re. sidence here, may exclude the whole of such debt, or order and allow such part or proportion thereof to be
* Temp. Cust. Laws, 1577.
+ A. T. 1629,
paid in a proper dividend and share with the other crea ditors, out of such insolvent estate, as to him shall appear just and reasonable according to the circumstances of the case, provided that landlords rents and servants wages shall be always paid in preference, as heretofore accustomed. And any person imprisoned for debt under a decree or judgment, and it appearing to the court, that such person hath faithfully and justly accounted for all his effects, upon oath ; and hath delivered up the same without fraud or collusion to satisfy such decree or judgment; in every such case the governor may or. der and allow such person a daily sum, not exceeding sixpence each day, to be advanced and paid by the plaintiff, for subsistence, during the time such person shall afterwards remain imprisoned. And in default of the like payments weekly, the governor may lawfully order the said person to be enlarged; provided that the sums paid for subsistence as aforesaid, shall be a law. ful charge against the defendant and his effects, as well as the sum or part of the decree or judgment remaining unsatisfied at all times afterwards, until the same be discharged *.
THE personal estate of any person dying intestate, af. ter payment of debts and funeral expences, shall be distributed in manner following: That is to say, one half of the surplusage to the wife of the intestate, and the re. sidue by equal portions amongst the children of the intestate, and such persons as legally represent such children in case any of the said children be then dead, other than such child or children as shall have any estate by settlement of the intestate, or shall be advanced by him, in his lifetime, by portion or portions equal to the share which shall be by such distribution allotted to the other children to whom such distribution is to be made: And in case there be any child who shall have any estate, or be advanced as aforesaid, by portion not equal to the share which will be due to the other children by such distribution, then so much of the said surplusage is to be distributed to such child as will make the estate of all the said children to be equal, as near as can be estimated : and in case there be no children, nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife as aforesaid, and the residue to be distributed amongst the next of kin of the intestate, in equal degree, and those that legally repre. sent them, provided that no representation be admitted among collaterals, after brothers and sisters children and if there be no widow, then the said personal estate to be distributed equally among the children; and in case there be no child, then to the next of kindred, in equal degree, and their legal representatives : And if there be neither wife nor child, the whole of the said estate to go to the father; and in case there be no father, then to be distributed equally to and amongst the mother, brothers, and sisters, or their legal representatives; and if there be neither father, mother, brother, or sister, then to the next of kindred, in equal degree of, or to the intestate *.
* A. T. 1777.
No restraint shall be laid or continued upon any ju. ry or inquest longer than for six hours after being a. greed upon a verdict, and such verdict written, and by them signed and offered to the proper magistrate.
* A. T. 1777.
The verdict of all great inquests, setting quests, and slander juries shall be delivered and received in the pre: sence of both parties, or their agents or attorneys, in public court, as anciently accustomed, or by the proper magistrate out of court ; but that to be likewise made known to, and done in the presence of the parties, their agents or attornies, who for that purpose are to attend at such court, as well as before such magistrates, where such verdicts are to be taken, to make their objections, if they have any, otherwise the same to be received, and the proceeding to go on in his or their default; and to prevent corruption and partiality in juries and inquests, it is enacted, that if any juror or inquest man take any fee or reward from any person whatsoever, either in money or otherwise, and be thereof lawfully convicted, he shall be prosecuted and punished as in the case of perjury : And if any juror or inquest man be treated with liquor, or otherwise, by either party, in any suit to be tried, or depending before them, without the consent of the other party, such juror or inquest man shall be fined six shillings and eightpence, upon proof made against him before the governor or deemster, and be discharged from such jury, and another man sworn in his place*
In all great matters and high points that are in doubt, ever as they fall, the lieutenant, or any of the council for the time being, to take the deemsters to them, with the advice of the elders of the land, to deem the law truly to the parties, as they will answer thereof: and that all doubtful points be always registered up, and laid in the treasury, that it may be ready when such a
A. T. 1737.
chance falleth, that one doom or judgment be not given at one time one way, and another time contrary *.
The keys of this isle, shall at no time be kept toge. ther after being agreed upon their return or judgment; and such return or judgment by them, or a majority of them, written, signed and delivered to the governor, and during the time they are hearing causes, none shall presume to insult or abuse them, upon pain of being confined by order of the governor, upon application by them made for that purpose, until the offender give in bail for his good behaviour, until the next court of general gaol delivery, and be fined in any sum, not exceeding six shillings and eightpence, as the case may demerit +.
ALL quarterlands, with the mills, cottages, and intacks of ease thereunto belonging, to which any tenant may be entitled by descent from his ancestors, shall de. scend and come after the death of such tenant to his eldest son: And for want thereof to his eldest daughter: And in default of such to the next of kind. red I.
Land overflowed with Water.
COMMISSIONERS shall, from time to time, as occasion may require, be appointed by the governor, council, and keys, at a Tynwald court, consisting of five skilful and proper persons, with full power to act as herein after mentioned : And if any person having grounds over
* Ordinance, 1422 + A. T. 1737. I A. T. 1645.