Sources

Items

Legal opinion on admission to practice following bankruptcy of Mr Roper
Legal opinion on admission to practice following bankruptcy of Mr Roper
A legal opinion addressing the application of Mr Roper for admission to practice at the Bar in the Isle of Man following his bankruptcy. The opinion discusses whether bankruptcy itself should be grounds for exclusion and sets conditions for admission, including production of a bankruptcy certificate and testimonials from the profession.
Legal opinion on annuity trust arrangements and parliamentary charges
Legal opinion on annuity trust arrangements and parliamentary charges
A legal opinion regarding the establishment of trust arrangements for an equitable annuity of £2500 payable during the joint lives of a nobleman and a Duke, with provisions for the life interest thereafter. The opinion addresses the retention and application of annuity payments, Scottish securities, and covenant requirements for establishing a lien on governmental funds.
Legal opinion on arrest procedures and court powers under 1777 Tynwald acts
Legal opinion on arrest procedures and court powers under 1777 Tynwald acts
A legal opinion citing Tynwald acts of 1777 regarding arrest procedures for debt and contract, and the powers of the Court of Chancery to regulate its own practice. References the court's historical authority to issue commissions for taking depositions.
Legal opinion on authority to dispose of lands and custody of deeds in the Isle of Man
Legal opinion on authority to dispose of lands and custody of deeds in the Isle of Man
A legal document discussing statutes governing the disposal of lands in the Isle of Man, particularly referencing enactments regarding the Lord's or Governor's licensing authority. The document presents arguments on behalf of the Crown concerning the custody of property deeds and the sovereign's prerogatives.
Legal opinion on court jurisdiction and deemster practice of referring cases to government staff
Legal opinion on court jurisdiction and deemster practice of referring cases to government staff
A fragment of a legal opinion discussing the jurisdiction and structure of the Island's courts, particularly the Council court and its resemblance to the Court of the King in Council. The author critiques a recent practice of Deemsters referring complex matters to the Staff of Government as an irregular innovation that bypasses proper appeal procedures.
Legal opinion on customs seizure authority in Isle of Man for East India goods
Legal opinion on customs seizure authority in Isle of Man for East India goods
A legal opinion by P. Yorke addressing whether customs officers with deputations from English commissioners can legally seize East India goods imported into the Isle of Man and prosecute them in island courts. The opinion examines Act 7 G.R. C.20 and concludes that while customs officers cannot seize by virtue of their deputation, any person may seize contraband goods under the act's provisions.
Legal opinion on deeds, tenants' titles, and the Governor's authority in Isle of Man
Legal opinion on deeds, tenants' titles, and the Governor's authority in Isle of Man
A legal opinion discussing the validity and confirmation of deeds in the Isle of Man, the authority of the Governor and principal officers regarding tenant admissions and entries, and the jurisdiction of courts established by the Act of Settlement 1703. The document references the case being transmitted to the Attorney General for formal opinion.
Legal opinion on Deemster powers regarding fines, imprisonment remission, and coroner appointments
Legal opinion on Deemster powers regarding fines, imprisonment remission, and coroner appointments
A legal opinion critiquing the scope of Deemster authority in the Isle of Man court system, particularly their powers to remit, suspend, and mitigate fines and imprisonment, and their role in appointing coroners. The author argues these powers constitute an usurpation of the Royal Prerogative.
Legal opinion on Duke of Atholl v Dawson regarding jurisdiction and merits of claim
Legal opinion on Duke of Atholl v Dawson regarding jurisdiction and merits of claim
A legal opinion addressing the Duke of Atholl's claim against Dawson and others, covering three main issues: the jurisdiction of the court, defects in the bill, and the merits of the Duke's claim. The opinion discusses precedent cases, parliamentary acts concerning dissolved monasteries, and recommends amendments to the bill.
Legal opinion on Duke of Atholl's claim regarding stock and land purchase
Legal opinion on Duke of Atholl's claim regarding stock and land purchase
A legal opinion addressing whether a bond and assignment executed by James Heywood constitutes an enforceable equitable claim by the Duke of Atholl over £9,342 in 3% consols and lands to be purchased therewith, as security for a £2,000 debt. The opinion discusses remedies available depending on whether the words 'Kinship or Inheritance' create a barrable or unbarrable entail.
Legal opinion on Duke's rights regarding prerogatives and property under Act of King
Legal opinion on Duke's rights regarding prerogatives and property under Act of King
A legal opinion from William Adam concerning whether a Duke possesses rights to re-establish prerogatives allegedly lost since an Act of the King, with advice on whether to pursue the matter in the Court of Exchequer or limit the case to property disputes.
Legal opinion on encouragement to British subjects and application of 27 Geo. 3 c.10
Legal opinion on encouragement to British subjects and application of 27 Geo. 3 c.10
A legal opinion fragment addressing the equal encouragement of His Majesty's subjects and interpreting the scope of the Act of the 27th of George 3, chapter 10, as it applies to vessels fitted out from ports. The opinion suggests the Act applies only to vessels fitted out from Great Britain ports.
Legal opinion on feudal privileges of the Barony of St. Trinions, 1770
Legal opinion on feudal privileges of the Barony of St. Trinions, 1770
A formal legal opinion by Charles Searle (Attorney General) and Peter John Heywood (Deemster) on a memorial by John Quayle claiming ancient feudal privileges attached to the Barony of St. Trinions. The opinion examines the historical basis of baronial privileges, feudal tenure, and the question of fealty obligations following the 1765 Revestment. It addresses the relationship between the Duke of Atholl's sovereignty and the rights of lesser baronies.
Legal opinion on ground for relief claim and recommended bill procedure
Legal opinion on ground for relief claim and recommended bill procedure
A legal opinion dated 12 August 1808 from Lincoln's Inn regarding a claim for relief. The opinion advises that there is no effective ground to resist the claim and recommends exhibiting an original bill in the nature of a supplemental bill, detailing the case previously made regarding clergy relief, a decree, and increases in value of premises and lands bound by indemnity.
Legal opinion on Inquisition Post Mortem concerning Isle of Man dower rights (1607)
Legal opinion on Inquisition Post Mortem concerning Isle of Man dower rights (1607)
A legal opinion from the State Paper Office, Scotland (c.1607) addressing whether an Inquisition Post Mortem regarding Thomas Earle of Derby's death and the Isle of Man could be used to secure dower rights for Anne Countesse Dowager of Derby. Chief Judge Brundell, with consent of Coke, Brooke, Fitzherbert and the King's Council, ruled the enquiry void on the grounds that the Isle of Man is not part of the English Realm and does not use English law, comparing it to Turney, Normandy, and Gascoine. This document establishes the constitutional status of Man as distinct from England, Wales, Ireland, and the Isle of Wight.
Legal opinion on Isle of Man legislative structure and judicial appointments
Legal opinion on Isle of Man legislative structure and judicial appointments
A fragment of a legal opinion addressing the composition of the Isle of Man legislature, the status of Deemsters and the Receiver General, and the Governor's judicial authority. The document discusses issues including Set-Coroner appointments and bail practices.
Legal opinion on John Quayle's claim to privileges of the Barony of St. Trinions (1770)
Legal opinion on John Quayle's claim to privileges of the Barony of St. Trinions (1770)
A formal legal opinion by Attorney General Charles Searle and Deemster Peter John Heywood on John Quayle's memorial claiming ancient privileges belonging to the Barony of St. Trinions. The opinion addresses feudal tenure, fealty obligations, and the distinction between services owed to the chief lord versus the crown following the 1765 Revestment. It establishes that fealty arising from the barony can only be owed to the Duke of Athol, not the King.
Legal opinion on manorial tenures and services in the Isle of Man
Legal opinion on manorial tenures and services in the Isle of Man
A fragment of a legal document discussing manorial tenures, fines, and services (carriages) owed by landholders within the Lord's Manor. References a 1777 Act of Tynwald confirmed by His Majesty, contrasting the burdens imposed on landholders in two manors versus the other three baronies. The document discusses ancient laws regarding services for building and repairing the sovereign's forts and houses.
Legal opinion on merits of land tenure dispute involving Demesne lands and customary estates
Legal opinion on merits of land tenure dispute involving Demesne lands and customary estates
A legal opinion analyzing a land dispute concerning whether certain properties are Demesne lands or customary estates of inheritance. The opinion examines procedural matters, the nature of grants, statutes of limitation, and applicable law in the Isle of Man, concluding that the matter requires careful analysis through legal analogy.
Legal opinion on Mr. Roper's application for admission to practice at the Isle of Man Bar
Legal opinion on Mr. Roper's application for admission to practice at the Isle of Man Bar
A legal opinion addressing Mr. Roper's application for admission to practice law in the Isle of Man, examining the implications of his prior bankruptcy at the Irish Bar. The document discusses the necessity of strict inquiry into the circumstances of his bankruptcy and the requirement for a Certificate signed by Commissioners and allowed by the Lord Chancellor before further proceedings.
Legal opinion on Royal Hospital Greenwich duty liability for fishery workers
Legal opinion on Royal Hospital Greenwich duty liability for fishery workers
A legal opinion addressing whether persons employed in the fishery are liable for the sixpence monthly duty to support the Royal Hospital at Greenwich under the Act of the 10th of Queen Anne. The opinion concludes that those engaged in sailing ships/boats or taking fish are liable proportionally, while those employed only in land-based curing and salting are not.
Legal Opinion on the Act of Tynwald 1777 and the Duke's rights regarding leases
Legal Opinion on the Act of Tynwald 1777 and the Duke's rights regarding leases
A legal opinion by Al. Wedderburn regarding the Act of Tynwald of 1777, specifically addressing whether the Duke's rights are prejudiced by the act. The opinion concludes that the act does not weaken the Duke's title to set aside leases granted at below-market rent.
Legal opinion on the Duke's rights and property claims under an Act
Legal opinion on the Duke's rights and property claims under an Act
A legal opinion from William Adam addressing whether the Duke possesses rights under a Bill concerning the re-establishment of prerogatives allegedly taken by island officers since an Act of the 5th of the King. Adam advises pursuing the matter in the Court of Exchequer if the Duke's rights are disputed, but expresses doubt about further prosecution if the dispute concerns property alone.
Legal opinion on the sovereign jurisdiction and writs applicable to the Isle of Man
Legal opinion on the sovereign jurisdiction and writs applicable to the Isle of Man
This is a legal opinion discussing the constitutional status of the Isle of Man, comparing its relationship to the Crown with that of Jersey and Guernsey. It addresses the King's appellate jurisdiction, the non-applicability of English writs, and argues that mandatory writs do not extend to the Isle of Man.
Legal opinions on Governor's signature authority and judicial powers
Legal opinions on Governor's signature authority and judicial powers
Fragment of a legal opinion addressing the proper authority for signing acts and judgments of courts, the role of Deemsters as sole judges in common law, and limitations on inferior courts' powers regarding fines and punishments. The document discusses whether Council signatures are necessary or proper to legal instruments.