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their dues; and whosever shall not pay the same on one of those days, the minister and proctor shall proceed against them by citation, before the ordinary or his of. ficers; and that in such cases the minister and proctor shall have the speediest and strictest course that may be, from the ordinary, for the recovery thereof."
TRADESMEN and labourers labouring by the day, shall, from the twenty-fifth of March to the 29th of September, come to their work by six o'clock in the morning, and not leave off, or give over work until six o'clock in the afternoon; and from the 29th of September to the 25th of March, to come to work at sunrise, and not to give over till sunset, except it be tailors and shoemakers, who work with meat and drink by the day, they are to work till eight o'clock both winter and summer *
No traverse shall be accepted of, unless the same be entered within the space of twenty-one days after the giving in of the verdict, and the party traversing shall : prosecute the same so as to bring the traverse jury to a verdict within the time limited; otherwise it shall be lawful for the court to nonsuit him, and to charge the fine to the lord's use, if there appear not good cause to the court to mitigate the same: Provided if it happens and doth appear that the same fell out upon some exe traordinary occasion, either in respect of sickness, in
sanity, or other lawful impediment, then it shall be lawful for the governor, or either deemster, to grant a further respite of time, at discretion; and this rule to be held in every degree of traverse *.
In case any party finding himself aggrieved by the verdict of the first jury, should enter a traverse within the time already limited by law, such person or persons shall hereafter be obliged to prosecute the same with ef. fect, so as to bring the traverse jury to a verdict, within the space of three months from such entry, except the governor or either deemster, shall, upon lawful cause shewn, grant further time, not exceeding three months longer; but not to suffer any wilful or unnecessary de. lays in any cause, or upon any account whatever t. :.
ANY treasure whatsoever, being found and secretly hidden under ground, either in the house or out in the fields, or in the thatch of the house, or within any co. vert place, to the end to defraud the right heir, or for any other fraudulent purposes, shall be the lord's as his prerogative: Provided that any man, for the safeguard of his goods from the enemy, or from any other mis. chance, may, without danger of this law, lay up his treasure in any such place, making his child or other friend privy thereto : and such child or friend may law. fully receive such treasure, and deliver the same to the right owner; and that the party claiming be able to prove it by one sufficient witness at the least, though he be brother, sister, or any other kinsman, or friend, not detected of any notorious crimes I. ; * A. T. 1665. : + Ibid. 1737. Ord. 1583...
I'r is enacted, that hereafter, in all complaints of petit larceny, or trespass whatsoever, clandestinely committed by persons, horses, sheep, or other cattle unknown, the party complainant may apply to, and it shall be lawful for the governor, deemsters, or other magistrates of this isle, who have jurisdiction of inquiry, as it appertains unto them in their several stations, to grant the said party injured a process to the proper officer, for a jury of inquiry, to inquire of, and discover the offender, or offenders, who did the fact complained of, by'examination upon oath, in manner following : That is to say, upon such complaints of petty larceny, in all things left to the valuation of a jury, by the statute made in the year 1629, and other instances of such like na. ture, the method of proceeding shall be, and shall be understood to 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 shall be obliged to give their oaths in relation to the committing of the fact inquired of, either by themselves or others. And if any person or persons, conscious of his or their own guilt, shall wilfully refuse to give such satisfaction upon oath, for the discovery of the offenders, he or they so refusing shall be held as guilty of the fact : or if the larceny, upon inquiry, shall happen to be found by the jury, in either case they shall verdict and leave the offender, or offenders, to be fined and punished at the discretion of the court. Provided always, and be it further enacted, 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, the same jury shall then proceed by way of inquisition for felony, and upon proof, confession, strong presumption, or suspicion, supported by good and pre
vailing circumstances, shall indict the offender accord. ing to the common course of law, and the oath at first given them shall be to the tenor, effect, and purpose of this act, any thing contained in the said statute of the year. 1629, or any other law or custom to the contrary
year withstanding, ints of trespass, and all o
And in complaints of trespass of the nature aforesaid, all suspected persons and others, and all owners of horses, sheep, or other cattle, summoned or charged to the jury of inquiry, (which in that case is to consist of four men), shall, and are hereby obliged to give their oaths in like manner, for the discovery of the trespassers who committed the trespass complained of, whether it be by themselves, or others, or by their own horses, sheep, or cattle, or those of others; and if any refuse, he or they so refusing, shall be deemed guilty thereof. Or if the trespass be found by the jury, they shall verdict, and in either case leave the offenders to the discretion of the court, to be fined with damages of four times the value to the party injured, estimating the same to the full worth, at their peril ; provided always, and be it further enacted, that if the complaint be for cutting, spoiling, or destroying any tree, or plantation of trees, or any set, plant, or graft, or for throwing down, or breaking into, any inclosure or inclosures, with or by their cattle, horses, or other goods, by night or by day, or other wilful trespass; or if any person or persons shall, on purpose, or by want of due and proper care, suffer their cattle, horses, or other goods, to stray or wander out in the highway, or other place, in the night time, whereby they become trespassers on their neighbours; or if any other secret or unconscionable trespass or trespasses shall be done or committed (in all which cases the sus. pected offender or offenders, if thereunto required, shall be obliged to give oath, as aforesaid), then such offen. der shall not only incur a severe fine to the lord ; but shall also for every tree, set, plant, or graft, so cut, spoiled, or destroyed, pay the party injured twenty shil.
lings, for extraordinary damage, and ten shillings extraordinary damage, for every such other clandestine or wilful trespass so committed as aforesaid, over and be. sides the fourfold damages abovementioned : Provided that every person or persons who shall maim, or other. wise maliciously liurt cattle or other live goods, be proceeded against by process of inquiry by a jury as before; and upon proof, confession, or refusal, to clear them. selves upon oath of the fact, it shall be lawful for the jury to find the offender or offenders guilty, and to leave him, her, or them, to the court's mercy for a fine and punishment, as formerly, with fourfold dainages to the party aggrieved, as before directed by this act. And be it further enacted by the authority aforesaid, that all and every the damages before mentioned shall be recoverable by execution, from the judge; court, or ma. gistrate concerned, upon sight of a copy of the verdict from record, and levied by way of distress of the goods and chattels of the offenders, without farther suit or action. Provided nevertheless, that any person finding himself aggrieved, may be allowed to traverse such juries' verdicts, according to the accustomed course of proceeding in such cases *.
THAT Irish women, loitering and not working, be commanded forth off this isle, with as much convenient speed as may be ; and no boat be suffered to bring any of the said loitering persons into the said isle, but that the master of the said boat, upon pain of forfeiture of his boat and goods, after warning given, take the said persons off again t.
* A. T. 1753.