4G4 
ISLE of M A N. 
thers and fillers, being excluded. If there is no widow, 
children being excluded, the whole is divided as the other 
half would otiierwife be. A will (liould be proved within 
three months after the death of the party; and the lega¬ 
cies are to be paid, or the eftate divided, within fourteen 
days of the probation of the will, or the granting of let¬ 
ters of adminiltration. For fome caufe, apparently very 
adverfe to the public good, the executors are not obliged 
by law to pay the debts of the deceafed, before the expi¬ 
ration of three years from the time of his death. 
All civil aftions, except on accounts current, mull be 
brought within three years of the caufe of atlion, unlefs 
the plaintiff is a minor, non compos mentis, beyond fea, or 
has any other legal imperfection. In thefe cafes it mud 
be brought within three years of the removal of the im¬ 
perfection. Goods which are taken in diftrefs or execu¬ 
tion mult remain one month as a pawn, redeemable by 
the tenant or defendant, on payment of the rent, or of 
money recovered in an aftion at law. If not redeemed, 
.they are to be fold by public auction. Should goods be 
fraudulently removed, the landlord may, within a fort¬ 
night of his rent’s becoming due, feize them wherever 
they are to be found; and no fale, afiignment, or other 
agreement, can fet afide the landlord’s juft claim, in the 
firft inftance, to one year’s rent. Whatever relates to a 
diftrefs, or execution, is the bufinefs of the coroner ; and 
he is entitled to one (hilling in the pound for his trouble, 
chargeable on the tenant or defendant. If the fentence 
,of a court of law is not in due time attended to, or an 
appeal made, execution again ft the defendant’s goods is 
granted as a matter of courfe. 
The courts of the high-bailiff, of the deemfler, and of 
.the governor, arefomewhat fimilar to the only method of 
trial known to the civil law'. Here the judge is left to 
form the fentence in his own bread, upon the credit of 
.the witnelfes examined. In other courts the caufes are 
determined by a jury. Trial by jury was common at a 
very early period among all the northern nations ; fo 
much fo, that there are fcarcely any records extant on the 
conftitution of thofe countries that do not mention this 
praftice. It was ever juftly efteemed a privilege, or ra¬ 
ther law, of the nwft beneficial nature. A high-bailiff re¬ 
sides at each of the four towns, and holds his court there 
once in ever)' week. This court was inftituted fo lately 
as the year 1777. The high bailiff is the only judge who 
takes cognizance of complaints and debts under the value 
of forty (hillings. He ufually determines them at the firft 
hearing, in the prefence of the parties who are fummoned 
by his warrant. An appeal or traverfe from his decilion 
may, within feven days, be made to the deemller, the ap¬ 
pellant entering into a bond of three pounds, payable to 
the king, to prolecute the appeal with effeCt within one 
month. All appeal-bonds, from whatever court, have the 
fame penalty annexed. If the deemfter confirms the for¬ 
mer decifion, the appellant is obliged to pay cods of the 
application, and alfo the value of the bond, unlefs miti¬ 
gated by the court, as it fometimes is even to ten or five 
(hillings. 
There are two deemfters in the ifland, one of whom is 
judge, or chief-juftice, of the fouthern divifion, and ufu¬ 
ally holds his court at Caftletown ; the other, of the north¬ 
ern divifion, and ufually holds his court at Ramfey. 
They are not obliged by law to fit in thefe places; but 
each may hold his court wherever he may deem moft con¬ 
venient, within his own diftriCt. According to Chalo- 
ner, he might decide 3 caufe even walking or riding upon 
the highway, provided the parties were in his prefence. 
On entering upon the functions of his office he takes the 
following oath upon the Bible : “ By this book, and by 
the holy contents thereof, and by the wonderful works 
that. God hath miraculoufiy wrought in heaven above, 
and in the earth beneath, in fix days and (even nights, 
2 . A. B. do. fwear that I will, without refpeft.of favour 
or friendftiip, love or gain, confanguinity or affinity, envy 
&r malice, execute the laws of this ifie juftly, betwixt our 
f 
fovereign lord the king and his fubjefts within this ifie, 
and betwixt party and party, as indifferently as the her¬ 
ring’s back-bone doth lie in the tnidft of the fifh.” The 
(ummons of appearance to any party concerned was for¬ 
merly, and even till the year 1763, nothing more than his 
name or its initial, marked by the deemfter upon a piece 
of blue (lone or (late. This, with two-pence, was given 
to the fumner, whofe duty it was to (how it to the party, 
to tell him who was the plaintiff, and let him know the 
requisite time of appearance. It is now in writing upon 
paper, and cells fixpence. The deemfter has an extenfive 
jurifdiftion, being competent to decide all caufes exceed¬ 
ing the value of forty (hillings, not being aftions where 
damages are to be affeffed, or fuch as come properly be¬ 
fore the chancellor; all fuch as refpeft defamation, (lan¬ 
der, or fimple breach of peace; and all appeals from the 
judgment of the high-bailiff. The caufe is ufually de¬ 
termined at the firft hearing ; and an appeal from his de¬ 
cifion Tnay be made to the court of common law or of 
chancery, as the cafe may require; the aftion having ori¬ 
ginated here or in the high-bailiff’s court making no dif¬ 
ference in this refpebt. 
A court of common law is held at Caftletown and at 
Ramfey four times in the year, the term commencing one 
week later at the latter than at the former place. The 
coroner opens the court with this proclamation: “I do 
fence this court that no manner of perfon do quarrel or 
brawl, nor moled the audience, and that they do anfwer 
when they are called, by licence of the king and this court. 
I draw witnefs to the whole audience that the court is 
fenced.” The bufinefs of this court confills chiefly in 
trying civil aftions, where damages are to be awarded, 
and in hearing appeals from the decifion of the deemfter; 
yet the deemfter fometimes prefides in the name of the 
governor. From the decifion of this court, an appeal, to 
be profecuted within fix months, may in all cafes be made 
to the houfe of keys. 
The court of chancery is one of law and of equity. It 
takes cognizance of frauds refpefting titles to eltates real, 
when bond to prove their exillence has been given, but 
not otherwife; of difputes concerning mortgages; of ac¬ 
tions perfonal, where accounts are unliquidated; of the 
eftates of perlons infolvent or abfeonded, and difputes re¬ 
fpefting them 5 of all civil caufes of arreft, except at the 
fuit of the crown; and of extravagant cods, awarded by 
inferior courts. There is not any well-defined line be¬ 
tween thofe caufes which ought to be brought before the 
deemfter, and thofe which ought to be brought before the 
governor. The court is held at Caftletown on the firft 
Thurfday in every month, harvell-time excepted. The 
plaintiff, by himfelf or counfel, opens the caufe, and proves 
it by vvitneffes, which the defendant may crofs-examine. 
Then the defendant makes out his cafe by witneffes, crofs- 
examined by the plaintiff. The evidence of the parties 
themfelves is not admitted. It is not nfual in any of the 
courts, except in fpecial cafes, to make at the time any 
minutes of the evidence, though the aftion and determi¬ 
nation are recorded. The defendant having made his ap¬ 
pearance by himfelf or attorney, the chancellor may, at his 
plealure, either decide the caufe at once, or pollpone it 
to a future fitting; but, if the defendant difobey the futn- 
mons, the decree cannot be made till the fourth court. 
The governor is authorifed to make, from time to time, 
whatever rules and orders lie may think proper, in his 
own praftice and proceedings. From his decifion, or from 
that of the houfe of keys, an appeal may be made to the 
king of England in council, in any caufe not lower in 
value than five pounds; and his decilion is-abfolutely 
final. 
No aftion of arreft can be granted againft a landed 
man, or native of the ifie, to iinprilon or hold him to bail, 
to appear at any court, on account of a civil aftion, un¬ 
lefs he has obtained the governor’s pafs, or there is fome 
juft caufe to believe that he defigns to go off the ifland; 
debts due, or fnppofed to be due, to the crown, being ex- 
3 „ ceptions 
