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on whose lands the same shall be so gotten, such mo. derate and reasonable satisfaction as the governor, in his discretion, shall think fit to order and allow.
Which said several acts of Tynwald, being now the basis of the tenure of the lands and hereditaments, and the true security of the real estates and premises within the said isle : Be it hereby declared and enacted by the permission and authority aforesaid, that the said act of settlement, and the said act of Tynwald explanatory thereof, herein before set forth, and every clause, article, matter, and thing therein and herein before contained, shall be, and the same are hereby ratified, confirmed, and binding, and effectual for and against all, and all manner of person and persons, lands, and here. ditaments therein, and thereby meant, mentioned and intended, to all intents and purposes.” .
This act was promulged the 6th of June 1704.
Action personal. It is enacted, that all actions of trespass, or plaints in nature of actions of trespass be. tween neighbours, committed in or upon each others lands, houses, grounds, or other properties ;--all actions or plaints in nature of actions, for wrongful detention of goods, chattels, or effects ;---all actions or plaints in nature of actions, for goods delivered or lost; -all actions or plaints in nature of actions of account, and upon the case (other than for accounts current, which concern the trade or merchandize between the merchants and traders of this isle, and merchants and traders beyond sea, their factors or servants);-all ac. tions or plaints in nature of actions of debt, grounded
upon any lending contract or demand without specialty ;-all actions of deceit and cozenage; -- all actions or plaints in nature of actions of assault, battery, wound. ing, or false imprisonment, or any of them; and all other actions transitory or personal whatsoever, which shall be sued or brought in any of the temporal courts of this isle, or before any judge or magistrate of the same, after the making of this law, shall be commenced and effectually prosecuted within the time and li. mitation hereafter expressed, and not after. That is to say, the said actions, or plaints of trespass, the said actions or plaints of detention, debt, deceit, and cozenage, and of goods delivered or lost; the said actions, or plaints of account and upon the case (except for slanderous words), and other such like personal actions, within two years next after the making of this law, or within three years next after the cause of such action, plaint, or suit, and at no tiine after. And the said actions of assault, battery, wounding, imprisonment, and for slanderous words, or any of them, within one year after the making of this law, or within two years next after the cause of such actions or plaints, in nature of any of the actions aforesaid, and at no time afterwards, any law, order, custom, or practice to the contrary notwithstanding.
Provided nevertheless, and it is further enacted, that if any person or persons, that is or shall be entitled to any such actions of trespass, detention of goods deli. vered or lost, of accounts, and upon the case, of debt, deceit, assault, battery, wounding, or iinprisonment, or actions upon the case for slanderous words, or any other personal action, be, or shall be at the time of any such cause of action given, accrued, come, or fallen within the age of twenty-one years, under coverture, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the same actions (as others not under such incapacities might before have done), so as they take the benefit thereof, within such times after such their im. perfections are removed, as are herein before for that purpose limited, and not otherwise. And if any per. son against whom lies any such cause of action or ac. tions, shall at any time of such cause of suit accrued, be beyond sea, then the person entitled to such suit may bring an action after the return of such person, so as he brings the same within such time after the return, as is respectively before limited by this act.
And it is further ordained and enacted, by the autho. rity aforesaid, that all claims and probate of claims hereafter to be entered and made in the spiritual court of this isle, against executors or administrators of deceadents, for or on account of any of the causes of suit before mentioned, and more especially for debts, and other demands of what nature soever, without specialty, shall be entered, prosecuted, and made by claimers within the island, in one year, and by persons beyond sea, within three years from the probate of the will, or granting administration, and at no time after ; and then the cognizance of such claims so entered to belong to the temporal court, according to the statute 1665; but that no decree, judgment, order, or recovery shall at any time be given, had, or made by or upon any such claim, or claims in the spiritual court, nor afterwards in the temporal court, but within the time and limitation of four years next after the cause of such suit or claim, by or for island claimers, and within five years from the cause of suit or claim, by or for claimers beyond sea, and not otherwise ; and that all other suits, controversies, and matters of contention, of what nature soever, for or against executors, administrators, or others, which hereafter shall be sued, or brought in the spiritual Court, shall be commenced and effectually prosecuted within one year after the making of this law, or within two years next after the cause of suit, and at no time afterwards, any law, custom, or practice to the contrary notwithstanding, .
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• Provided, nevertheless, that this shall not prejudice orphans in seeking restitution of their goods, secured under pledges, in the hands of parents, guardians, or supervisors, in inanner already directed by law; nor executors, or administrators making real discoveries of the effects or credits of deceadents, to fulfil their inventories, such right being still reserved for them to be recovered as formerly accustomed, they making oath before they shall obtain process, that such effects, or credits, did not before consist with, or come to their knowledge; and that the delay of timely prosecution has not been occasioned by neglect. And to prevent litigious suits and other inconveniencies, it is further enacted and declared, that it shall not be hereafter law. ful for the said courts, or magistrates, or any of them, to admit of any obligor or party defendant's oath as evidence, against any bill, bond, note, or other specialty in writing, to acquit himself from the payment thereof, otherwise than by a proper receipt and discharge for the same, any law or custom to the contrary notwithstanding. .!
Provided always, that this act shall not be construed or understood to intrench upon the rights or prerogatives of the lord of the isle, in any suit, plaint, action, or claim, to which he is or may be entitled, the same being reserved and excepted, any thing herein before contained to the contrary notwithstanding *."
Action real." If any person shall pretend title to any farm-house or ground within this isle, and do not 'exhibit his bill in writing for the same before the lord, his lieutenant, or captain, and other principal officers of
* Act of Tynwald, 1738.
the said isle, whereby it may be entered of record within the space of twenty-one years next after he or his ancestors have been dispossessed thereof, then he or his successors claiming after him, to be utterly excluded and barred from making title thereto forever *. · The statute of 1593 is confirmed and established by a statute passed in the year 1647. · In respect of the statute limiting all persons to sue for title of lands and houses within twenty-one years next after their title first descended or accrued, it is apprehended that great prejudice may arise to infants, persons under coverture beyond sea, imprisoned and the like, it is therefore ordained, that notwithstanding the limitation of time by the said statute, if any person or persons, at the time of the said right first descended, accrued, come, or fallen, be within the age of twentyone years, under coverture, not of sound mind, impri. soned, or beyond seas, or have any other lawful impediment, that then such person or persons, and their heirs, shall and may, notwithstanding the said twenty, one years be expired, bring his plaint, make his title, sue his right and demand, as such person might have done, before the expiration of the said twenty-one years, so as nevertheless such person or persons, or their heirs, do, within the space of two years next after their full age, discoverture, coming of sound mind, enlargement out of prison, or being free of their lawful impediment, or coming into the isle, take the benefit of, and sue and pursue the same, and at no time after the said two years be determined and expired.—Ordinance of governor, council, deemsters, and keys, 1662.
All suits for title of houses, lands, tenements, mills, cottages, and intácks, being inheritance or quarter-land, shall always be by action at common law, and not otherwise. But if manifest frauds be made use of to procure légal titles, which cannot be relieved at common
--*: * A. T. 1593..