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Tyn Wald Court TYN WALD COURT. ST. JOHN'S, TUESDAY, AUGUST 9, 1898. A Tynwald Court was hold at St. John's on Tuesday, August 9th, by adjournment from the 5th, 8th, 15th, and 22nd July, for the pro- mulgation of Acts of the Insular Legislature and other purposes. A large concourse of people attended to witness the ceremony at Tynwald Hill. Outside the gates of the chapel a strong posse of police were posted, and the 7th V.B. (Isle of Mao) of the King's Liverpool Regiment formed the guard of honour to his Excellency the Lieut.-Governor (Lord Henniker). The other members of the Legislative Council present be- side* his Excellency were the Deemster Cell, the Attorney-General, the Clerk of the Rolls, the Receiver-General, the Vicar-General, and the Archdeacon. The members of the House of Keys in attendance were Sir John Goldie-Taubman (Speaker), Messrs D. Maitland, J. C. Crellin, R. Cowley, T. Allen, Jos. Qualtrough, F. G. Callow, A. W. Moore, W. Quine, E. H. Christian, J. D. Clueas, J. A. Mylrea, J. J. Goldsmith, J. R. Cowell, J. T. Cowell, John Joughin, Thomas Clague, Wm. Quayle, J. R. Keiruish, T. Corlett, and James Mylchreest. Mr Story, Clerk to the Council, and Mr Gelling, Secretary to the House of Keys, were present.. The other persons pre- sent whose attendance was required at Tynwald included Mr A. N. Laughton, High-Bailiff of Peel ; Mr J. S. Gell, High-Bailiff of Castletown ; and Mr J. M. Critiekshank, High-Bailiff of Ram- sey; coroners—Messrs J. Kennedy, D. T. Callow, W. Caley, W. Kermede, P. Teare, and R. New- ley ; captains of parishes—Messrs T. Kneen, J. M. Quayle, and Dr. Tellett ; cle• gy—the Revs. H. Kinred, Vicar of Patrick ; T. A. Taggart, Vicar of St. Matthew's; G. Paton, Vicar of St. Paul's, Ramsey ; W. E. Davies, Laxey ; R. Jones, Vicar of Santon ; C. H. Leece, Vicar of Rushen ; E. Rainbow, Vicar of German ; F. W. Stubbs, Vicar of Jurby ; J. Kewley, Vicar of Arbory ; Canon Savage, Vicar of St. Thomas' ; and Canon Clarke, Vicar of Marown; surgeon to the House- hold—Dr. Clague • Government chaplains—the Revs. John Corlett and E. H. L. Locke. Tynwald Court, St. John's. 550 TYNWALD COURT, August 9, 1898. PROMULGATION OF ACTS. The following Acts were promulgated in the customary manner, Deemster Gall reading sum- maries of the Acts in English, and the Coroner of Glanfaba (Mr W. Kermode) translating them into the Manx language :— The Port Erin and Port St. Mary Light Act., 1898. The St. Matthew's (Douglas) Church Aot, 1898. The Bishop Barrow's Charity (Girls' High School) Act, 1898. The Education Act, 1898. The Merchandise Marks Aot, 1898. The Licensing Act, 1898. The Douglas Market Act, 1898. --- FOOTPATHS IN ARBORY AND MALEW. Mr Quine asked the Receiver-General, as Chair man of the Highway Board, the following questions : - 1. The length of footpath reocalstructed in Malew between Castletown and Cross-four-ways, and between Oastletown and the boundary of Arbory, in the Arbory Road; also, the cost per yard. 2. Whether it is the intention of the Highway Board to constrict, in the near future, any foot- paths in the parish of Malew on the main roads where there are no footpaths at present. The Receiver-General replied that the total length of footpath made in the parish of Malew was 2,399 yards, which cost 10d per yard, but that included the roadsman's labour. He could not say what other footpaths would be made in Malew, but the Highway Board were gradually making footpaths on the roads all round the Island. COURTS OF JUSTICE. THE LONG VACATION. The Governor : I have received private notice from the hon. member for North Douglas, Mr J. T. Cowell, of the following question—"If any arrangements have been made to obviate the ex• isting grievance of the trading classes of this Island, owing to the present practice of the law o urta being closed during the long vacation." I will ask his Honour Sir James Gell to give the answer to this question. Deemster Gell : His Excellency referred the matter to me, and I gave his Excellency a state- ment, which I shall now read to the Court :— That the Judicature Act, following the ancient custom, both in the United Kingdom and in this Promulgation of Acts.—Footpaths in Arbory and Malew.—Courts of Justice.—The long vacation. TYNWALD COURT, Augu,t 9, 1898. 551 Island, recognised vacations, but made provisions for the hearing during vacation by judges of the High Court, of all such applications as may re- quire to be immediately or " promptly hea,rd." The judges have always heard such applications. Since the present vacation commenced on the 24th July, the First Deemster has sat four days to endeavour to clear off all outstanding cases— but outstanding, not by reason of any delay caused by the Court or judges. On several of those days, he disposed also of other new cases. He has sat also one day in Castletown. Applica- tion has twice been made to him to hear pressing cases, and after fixing the days he was informed that the matters could not be brought on. He has fixed a Court for Thursday next, at Douglas, for hearing cases in the Common Law Division for the Island at large. The Clerk of the Rolls, on application made to him, consented to take a Chancery case on a special day which would be oonvenient to the parties.. The Second Deemster has left the Island for a holiday, but there will he, during the vacation at least one judge always available in the Island. As to cases coming on during the long vacation, the judges have always liberally construed the expression—" Cases re- quiring to be promptly heard "—but to avoid as much us possible personal applications to a judge, which are represented as being objection- able to the public, the judges are arranging to have fixed Court. days throughout the vacation. The judges, however, think that there is a mis- apprehension on the part of the trading classes referred to in the question. It is presumed that this grievance is with respect to the recovery of debts from temporary residents in the Island, but it is a grievance which will not be removed by the holding of Courts even more frequently than in non-vacation time. The issuing of a summons in, and the hearing of a case for, debt, will not secure or tend to secure payment of a debt, unless the debtor can be detained on the Island. Such detention can be effected, not by the sitting of a, Court, but by action of arrest, process of arrest, on which is granted by the Clerk of the Rolls, or another judge out of Court. No sitting of the Court in vacation time will facilitate the recovery of a debt due by a, temporary resi- dent in the Island. Proceedings in Court, and even an execution, may have the contrary effect, as it may hasten, the departure of the debtor to places where he can laugh at the impotency of the Manx Courts. The arrest of the person is the only effectual remedy, and no sittings of the Courts will avail to improve the creditors' posi- tion in this respect. 'The Clerk of the Rolls I do Dot know whether your Excellency will allow me to make one of two remarks in confirmation of the statements with regard to actions of arrest, which are, per- haps, not fully understood. I might say that on a former occasion I explained to the Court how impotent was the holding of debt courts during the vocation, as facilitating the real recovery of debt from persons who are in such a position that they would not hesitate to leave the Island. That has been fully explained, and it remains u: Courts of Justice.—The long vacation. 552 TYNWALD COURT, August 9, 1898. the same position as I put it then. At present you apply and show cause for a hearing. You cannot go b3hind the back of the statute. The foundation of all these suits brought during the vac.ition must be the fact that it is a case that requires to be promptly heard, otherwise it is not heard at all. Very well, you show to the satisf'sction of the judge that it is a case that requires to be heard promptly. and, under those circumstances, you will always be able to bring about a special court. But the cperation of that, as I explained before, will be this : If a debtor wishes to leave the Island, he will go even though an execution may have been granted against him I am not saying that in order to jaisc objection to the recovery of these debts, but to put people generally on their guard how they make use of these courts. Once they take out execution, my power to grant an arrest is gone. You cannot have an arrest after an execution. The very fact of an execution for debt having been issued stops every other process, and I must hold my hand and cannot grant it. Under the execution you cannot get hold of the person of the debtor, nor can you search him. He may have his pockets full of money, but you cannot touch him. Ali you can do under the execution is to lay hold of any effects which he appears to have and which you can get at. Of course, under an action of arrest you seize his person and any property you can get hold of, and if he is possessed of money when you imprison him, you will get that money.
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