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. So it behoves people, now, if we are going to have these courts in the vacation, to be very careful how they avail themselves of the facilty which is given them in the matte,• I may also explain, as to the issuing of these actions of arrest, that they require no court at all. They issue automatically from the Rolls Office ; on a proper case being filed the process issues there and then. As the learned Deemster says, I am going to hold a court to-morrow for a case which is properly for hearing. He, think, is going to sit on Thursday in the same way, and there will be courts during the vaca tion. We will so arrange it amongst ourselves. I am only speaking a word of warning—that par- ties should consider before they deprive them- selves of the actual power of laying hold of the debtor. Mr J. T. Cowell : May I say a word in explana- tion? I know? am out of order. I have to thank you for the answer that has been given. I

Courts of Justice.—The long vacation. TYNWALD COURT, August 9, 1898. 553 believe that the simple announcement that a remedy is now in the possession of tradesmen, and that these courts will definitely be held, will retard such cases as have hitherto been a grievance.

BOATING REGULATIONS. Mr James Mylchreest asked the Receiver-G-en- eral—" whether his attention has been called to the proceedings of an inquest held at Port Erin on 4th July, 1898, at which the opinion was ex pressed that it should be a regulation that every licensed sailing boat, whilst on hire, should have on beard two boatmen, and whether the Harbour Commissioners will consider an alteration of the existing by-laws accordingly." At present (said the hon. member) the existing by-laws permit about 15 people to go into a pleasure boat under the charge of ono man only, and it was the general opinion that it was on account of that that one person was drowned. The Receiver-General: Is this in order? It is a speech which I shall have to answer. The Governor : The hon. member is going a little beyond asking a question. The Receiver-General: In answer to the ques- tion asked by the hon. member, I may say that my attention was riot called to the expression of opinion referred to by the hon. member, but on reading the report of the inquest in " The Isle of Man Times," I saw that the jury did no; concur in that opinion. I may say, however, that the Harbour Commissioners are going to re-draft their by-laws, and I have no doubt they will consider t his matter when they are doing so.

ASYLUM RATE AND ADVERTISING GRANT. The Speaker moved the following resolution :— " That a. sum of £1,000 be applied from the gen- eral revenue of this Island for aiding the funds of the Lunatic, Asylum for the year ending 31st March. 1899." Mr Mylrea seconded the motion. The Governor : I have made application to her Majesty's Treasury, as I promised the Tynwald Court, and have received this answer from than I have laid before the Lords Commissioners of her Majesty's Treasury your letter dated 26th ultimo, and in reply, I am requested by the Secretary of State to inform you that in view of

Boating Regulations.—Asylum Rate and Advertising Grant. 551 TYN WALD COURT, August 9, 1898. the anticipated produce of the additional spirit duty in the Isle of Man, my Lords will sanction the proposed grant of £1,000 from the Insular revenue in aid of rates. The Attorney-General: It does not follow that we shall get this every year. The Governor : As the Attorney-General has said, it does not follow that we shall get this every year. Of course, it must depend on what our revenue is. The Attorney-General : I wish to state, in sup- porting this resolution, that I do so upon the ground that from the history of this matter froth the beginning, it was quite open to the statement that money had been expended upon the antici• patios: of this sum being paid from the revenee in aid of local taxation. On that ground, I think, the money.ought to be granted, and I am very glad to find that his Excellency has seen his way to sanction this grant. But I wish also to say, as far as I am concerned, that the vote which I give in supporting it on this occas- ion will be no precedent for my giving a similar vote upon a future occasion. (Hear, hear.) The vote was agreed to. The Speaker then moved the resolution for the Asylum rate in the following amended form :- " That, in order to meet the requirements of the Asylums Board for the current year, and the ex- penses of the Assessment Board, and in order to provide the sum of £1,000 authorized to be raised under the provisions of the Advertising Rate Act, 1897, a rate of 3d in the £ (that is to say, lid for the general expenses of theLunaticAsylum, three- farthings for advertising, and one halfpenny to meet the expenses of the Assessment Board) be levied on all property liable to be rated for that purpose, such rate to be payable on the 12th day of August instant." Deeinster Cell: I rather fancy this motion has already been practically disposed of by the Court. If it is to go on, it ought to be by special leave of the Court. It is practically the same motion which was moved at the last Court, and which was lost. Of course, we have always held that by leave of the Court a matter can be re- sumed; but otherwise it cannot be resumed. I am not objecting to the motion ; it is a matter of order. The Governor : I think the proper question 1 ought to put to the Court is this : Is it the pleasure of the Court that this resolution should be considered? (Agreed!) The Governor then put the resolution to the Court, and it was carried.

Asylum Pate and Advertising Grant. TYNWALD COURT, August 9, 1898. 555

AGRICULTURAL SOCIETY. BREED OF HORSES AND CATTLE. Mr E. H. Christian moved the following reso- lution:— " Whereas it is expedient, with a view to im- proving the breed of horses, that prizes be given to horses of the following classes, viz.: (1) Clydesdale, (2) Shire, and (3) thoroughbred Hack- ney or Yorkshire coach-horse, such horses to be approved by the Agricultural Society of this Island, and to be used for stud purposes; the prizes to be paid in the proportions of two-thirds by the Insular Government and one-third by the Society: " And whereas it is also expedient that prizes to the amount of £50 be offered for mares and fillies, to be approved by the said Society: "Resolved,—That a sum not exceeding L155 be voted from the general revenue of this Island for the foregoing purposes. " And whereas it is also expedient, with a view to improving the breed of cattle, that special prizes. amounting in the aggregate to £140, be offered for bulls to be exhibited at the Society's summer show, to be held at Ramsey during the current year, on the understanding that one-half of the amount of such prizes shall be defrayed out of the Insular revenue: "Resolved,—That a sum not exceeding £70 be voted from the general revenue of this Island, being one moiety of the amount of the proposed Prizes. The conditions on which the money is, in either of the foregoing cases, to be given to be subject to the approval of his Excellency the Lieutenant-Governor." The hon. member said: Knowing the desire of this Court that contentious questions should not be raised in this edifice, I hesitate about making a few remarks, in case there should be some dis- cussion. Nevertheless, I should like to say a few voids, particularly as I hear the.•e is likely to be a little difference of opinion as to a matter of detail connected with this vote. I would, how- ever, remind hon. members who are disposed to be contentious, that this vote is not altogether a simple matter of supporting the Agricultural Society. A broader question lies behind—the question whether the Government are to support and foster and encourage the industries of the Island. Some time ago your Excellency ap- pointed a commission to inquire into the indus- tries of the Island. I can scarcely think that that Commission was appointed simply for the pur- pose of inquiring and giving advice, and that no substantial support would be afforded provided the Committee so recommended. Therefore those who new disagree with this vote, when the discus- sion of these industrial questions comes before the Court, if any hon. member has an axe to

Agricultural Society.—Breed of Horses and Cattle. 556 TYNWALD COURT, August 9, 1898.

grind, it may possibly be that he may be hoist on his own petard. Mr J. R. Cowell : I am very sorry to interrupt the hon. member, but I feel sure he is entering upon debateable iground. It would be most undesirable to have a controversy here. The Governor : But is there any great opposi- tion to the vote ? Mr J. R. Cowell : There may be opposition to a long address. There is no opposition to the vote, that I know of. Mr E. H. Christian : Then I will simply move the adjournment of the vote. The Clerk of the Rolls : No ; move the vote. Mr E. H. Christian formally moved the vote, and Mr Joughin seconded. The Governor : I think you are aware that I had an application made to me at one time with regard to these premiums, and I was asked in very reasonable terms to make some changes with re- gard to the way in which they have been given, and to add to them. I told the gentlemen that I would be very glad, if they liked to try it as an experiment, to see if it did not answer better than the old plan, which the deputation told me was not successful. If the money is given, we ought to see that it is spent to the best advan- tage, and, under these circumstances, I think the motion is a good one, and I hope the Court will accede to it. Mr J. T. Cowell : I only wish, before this vote is put, to guard myself, as the Attorney-General did, in reference to any future vote, and to say that, by agreeing to the vote to-day, it is not to be assumed that I shall agree with the vote here- after ; because it is felt all over the Island, not only by the agricultural portion of the com- munity, but by all persons who have looked into the conditions on which this money has been granted, that the money has been practically wasted, and it is not the desire that that should continue. But I was going to point out that the conditions on which the premiums are granted, are of such a character that horses have been prevented from being entered in the competition on account of the conditions that exist this year, which are too costly, and made it almost im- perative that the prizes should go to the owners of Manx horses. I hope that the conditions will be looked into on another occasion. To-day I offer no opposition to the vote. The Governor : I hope the Court understand

Agricultural Sucietv.—Breed of Horses and Cattle. TYNWALD COURT, August 9, 1898. 557 that I do not pledge myself to anything. I want to see whether this experiment will be more suc- cessful than the plan adopted during the last few years, which I understand has been a failure. Deemster Gell : Seeing that it has become the fashion now to say that the vote given to-day will not affect the voting hereafter, I wish to say that, in every vote I give, I always give it with- out prejudice to any vote I give at any other time. (Hear, hear.) The Governor : Circumstances may alter. Mr Clucas: I only wish to express the hope that when the question comes up next yeAr, committee will be appointed to consider the matter. (Hear, hear.) The Vicar-Genes-al took eacaption to the word- ing of the resolution. He pointed out that the show had already been held at Ramsey, and lie understood there was not going to be another show at Ramsey this year. (Laughter.) The Governor : _.tis is part of the proceedings of the 5th July. We had to adjourn the Court before we arrived at this motion. The motion was then put to the Court and agreed to.

LOCAL GOVERNMENT ACT. POWERS OF VILLAGE AND PARISH DISTRICTS. The next business on the agenda paper was as follows:— Local Government Acts—Deemster Gill to move- " Whereas by section 142 of the Local Govern- ment Act, 1886, hereinafter referred to as the ' principal Act,' it is enacted that part four of such Act (comprising sections 142 to 212, both inclusive) shall, except where otherwise provided, apply to town districts only; but that this. Court may, by resolution, make any of its provisions applicable to village districts: " And whereas by section four of the Local Government Act, 1897, it is enacted that the Tynwald Court may, by resolution, make any provisions of the Local Government Acts which apply to town districts only, applicable to any Parish or village district: " And whereas, by resolutions of this Court. dated 30th October, 1588, and 20th October. 1892, certain sections of part four of the principal Act were made applicable to the village districts of Port Erin and Port St. Mary respectively: " And whereas it is necessary, in order to em- power village and parish Commissioners to make by-laws under the provisions of the principal Act, that sections 209 to 212, inclusive, of such Act should be made applicable to village and parish districts: "Resolved,—That, without prejudice to the said Local Governme-'t Act.—Powers of Village and Parish Districts. 558 TYNWALD COURT, August 9, 1898. resolutions of the 30th October, 1:•:8, and 20th October, 1892, sections 209 to 212, inclusive, of the principal Act shall, from and after the date hereof, apply, and they are hereby made appli- cable to the whole of the village districts and parish districts from time to time existing under the Local Government Acts." Deemster Gell, in moving the resolution, said: The motion which I am asked to move is on the agenda paper in the name of his Honour Deemster Gill, who has asked me to move it for him, as he is not on the Island. I cannot say anything about it, further than this—that he has asked me to move it, and that it has been recom- mended by the Local Government Board. Other- wise I know nothing at all about the subject. Mr J. R. Cowell: I think it will be desirable to adjourn to Douglas. The Keys have some business before them, and if we miss the train now it will be impossible to adjourn to-day. I suggest that we adjourn now so that we may have the pleasure of sitting in Douglas to finish our business. The Clerk of the Rolls: Don't you think we can get. through the business ? Mr J. R. Cowell: I am afraid not. The Governor : I think we ought to adjourn to an early day if we do adjourn. It is rather hard for the judges and advocates to be here during the vacation. Mr J. R. Cowell: If it would suit your Excel- lency and colleagues, I think it would suit the Keys if the Court adjourned to Douglas to sit for an hour or two. The Governor : I think we may get on and finish the agenda; probably we shall not have to meet again. If we discuss the procedure, we prolong the business. Deemster Gell : I daresay some members of the Local Government Board may be here who can explain the matter. The object of this reso lution is to extend the power of making by-laws to every parish and village district in the Island which has not got the power at present. Whether it is advisable to do it or not in that wholesale form, I am not prepared to say. I suppose the Local Government Board have considered it, and wish to have it done. Therefore I move this resolution. Mr Mylrea : I beg to second that proposal. The Attorney-General : I certainly oppose this resolution. I think it is contrary to the whole spirit of the Act. We passed an Act in 1897—

Local Government Act.—Powers of Village and Parish Districts. TYNWALD COURT, August 9, 1898. 559 only last year—giving power to extend the prin- ciples of the Local Government Act to any village district or parish district. That means, upon consideration— The Speaker : I rise to a point of order. The Attorney-General : I am addressing the Court. The Speaker : I can rise to a point of order when any member is addressing the Court. I want to point out that I imagine the Attorney- General is going to contest this matter. If so, I will ask, in accordance with our custom now, that we adjourn. The Governor : This matter will stand over to the next Tynwald CoUrt. There is no particular hurry. --- THE MUSEUM. The Attorney-General moved :— That a sum not exceeding £50 be applied out of the general revenue of this Island towards the adapting and furnishing of certain rooms at Castle Rnshen for the purposes of a museum. and for purchasing a collection of Manx coins, such gum to be applied by the Museum and Ancient Monuments Trustees with the approval of his Excellency the Lieutenant Governor. The Attorney-General said : That is the motion that his Honour Deemster Gill has asked me to move. I do not think it requires very much ex- planation. There is a certain portion of the money required in order to fit up certain cases which are necessary for the protection of certain things which will form the nucleus of the museum. I believe the sheltering of I he elk is one of these purposes. But the cases, I under- stand, will he serviceable when the permanent institution is established, so that that money will not be thrown away. I do not know whether any further explanation is required ; £30 is for the cases and £20 for acquiring a set of Manx coins from the collection of the late Mr Thomas Leece, which, if not secured, will be scattered, and probably taken off the Island. These coins have been valued by experts at £20. I believe they are fully worth that money, and it would be a great pity if they were lost to the Island. I am told this is a matter of great urgency, be- cause we are living in daily expectation that the elk, which has undergone a process of articula- tion, will arrive on the Island, and it is only decent that we should have proper accommoda- tion for him--I do not know whether it is "him" or not. (Laughter.) Mr Joughin seconded the motion.

The Museum. 560 TYNWALD COURT, August 9, 1898.

The Vicar-General : I beg to move the amend- ment that the word " temporary " be inserted before " museum." The Attorney-General : I will adopt that with pleasure. Mr Joughin also agreed to the alteration. The Governor : With the hope that we shall have a permanent museum by and by. Mr J. T. Cowell : In Douglas. (LaugIV.er.) The Governor : That is not for me to settle. The motion was agreed to.

LUNATIC ASYLUM RATES. The following notice stood next on the agenda : Lunatic Asylum Rates— Mr Cowell (Ramsey) to move for the appoint- ment of a Committee of the Court to inquire into the whole question of the Asylums rates and their recovery and the matter of audit. Mr J. R. Cowell : It is quite impossible for me to proceed with this matter to-day. I therefore ask to have the matter adjourned to the next Court. It was also agreed that the other matters on the agenda stand over to the next Court. The Court then rose.

Lunatic Asylum Rates.