Having explained the nature of the tenure, it is now necessary to give some account of the several different kinds of customary lands.
It appears from the most ancient of the Manorial Records that the customary lands have always been distinguished on the Manorial Roll, as also amongst the tenants by the several denominations of
The division of the land into these four classes and the distinction between them has always been and still is carefully kept up. The annual collection of the rents and fines by the tenants, as before stated; the levying of Church rates and other taxes rateably on the lands, and varying according to the class of the land, without speaking of its being the duty of the manorial Jury called the Setting Quest to preserve a knowledge of them, have tended to perpetuate the knowledge amongst the tenants of the boundaries of each particular division. The perpetuation of the distinction has always been necessary, for the reason that the extent of the power of disposition of a proprietor over his lands [19] in many cases depended on the class to which the lands belonged, as some of the incidents of the tenure of one class differed fr0m those of others. It may also be observed that lands of one class would not by any means be converted into any of the other classes.
1st.—Farm Lands or Quarter-Lands are the principal Estates of the country. They average in quantity from 40 to 150 acres of land each and comprise the great bulk of the best arable lands of the Island. These ancient divisions of the farm land have existed in their present number and within their respective boundaries (with the exception of trifling alterations made between neighbour and neighbour) from time immemorial. There cannot be much doubt but that the selection of the "Farm Lands" and its division into quarterlands were originally made at the commencement of our Insular system of customary holding or tenant right. The term "Quarterland" was originally used to denote a certain quantity, i.e., one of the manorial divisions, or "Quarters" as they were called, of the farm lands [see Stat. Mills, page 78]. [note 1] It is now also used as descriptive of the class to which the land belongs.
2nd.—Mills. The suit and soken of all corn grown in the Island has from time to time immemorial been apportioned amongst and annexed [20] to a number of ancient tenant mills. These mills are classed on the Manorial Roll under the head of "Farm Mill." New mills have been from time to time licensed and allowed to be erected on Quarterlands, and sometimes on Intacks, the suit and soken of newly granted Intacks being sometimes allowed to them. When licensed a chief rent was fixed on them and they were added to the list .of mills on the roll of the Parish.
3rd.—Cottages. This description comprised the plots of land in the towns and villages, and a few small plots in the country adjoining quarterlands. The extent of this description of land outside of the villages and towns is very trifling.
4th.—Intacks. Under this description is included all the enclosed rented lands not included in the Quarterlands, Mills, and Cottages. They consist of parcels of the Forest or Common and other waste lands of the Island, which from time to time have been licensed by the Lord or his Officers to be enclosed. The lands of the tenure of Ouarterland and Cottage-land have always remained the same in quantity, but the Intacks have continually been increased in number and quantity. Many of the Intacks are enclosed as easements to the quarterlands which they adjoined, or near which they lay; others formed separate estates. The former class of lntacks were distinguished as Intacks of Ease, and had peculiar properties differing from the other Intacks as given in anotner chapter.The customary mode of [21] creating this tenure was as follows :— A person desirous of obtaining a parcel of the waste lands applied to the Governor [note 2] who granted a licence authorising the applicant to enclose the parcel named in the licence, [the Governor had authority for this by the ancient constitution. See Mills page 6] [note 3] provided that the Great Enquest of the Sheading in which the land lay should first view the same, and in their return certify the quantity and boundaries of it, and also reserve all public highways, watercourses and turbaries. The licence contained a condition that within a certain time the applicant should cause a rent to be settled thereon otherwise the licence to be void. Many licences also contained a condition that the premises should be enclosed within a certain time. The applicant, after vbtaining this licence issued the necessary summons for convening the Great Enquest, who on view of the premises made their return certifying the quantity, and reserving 'all such roads, watercourses and turbaries as they conceived necessary for the public interest. [note 4] This being completed the party attended at the Court [22] Baron and presented his licence and return whereupon an annual quit rent being set upon the land by the Attorney-General or the Lord's Officer, an entry was made upon the Roll admitting the party as tenant to the Lord of the land in question, and charging him with the rent, which afterwards formed a portion of the regular rental of the Parish; and an alienation fine was also fixed on the land in terms of the 7th Clause of the Act of Settlement. Under this entry the party became entitled as against the Lord to a customary Estate in fee simple in the lands. With respect to the condition in the licence of enclosure within a limited time, it has always been held by the Courts of the Island that a breach of it would not avoid the title if the other conditions were performed, and if the rent had been paid after the time limited for enclosure by the licence had expired. In many cases nearly a century has elapsed without the enclosure having been made and during which time the rent has been received alienations and descents of the land entered on the roll and fines paid. In these cases the condition has been held to be waived and the enclosure allowed to be made at any subsequent time. The latest licence to enclose was one granted by the Commissioners of Woods and Forests on behalf of Her Majesty to Thomas Arthur Corlett, Esq., but it is improbable that any future licences will be granted, the Commissioners generally preferring either to grant leases for years or to sell the freehold.
This title under this licence formed oneof the [23] subjects for decision by the Disaforesting Act Commissioners. [note 5]
The foregoing description of the different kinds of Customary Lands apply as well to the several Baronies as to the Abbey and other Customary Lands, except that no lntacks existed in the Baronies or Abbey Lands. [note 6]
The whole of the Ouarterlands in the Island number about seven hundred and seventy, three-quarters of which 639½ are Lord Lands.
Note 1: Revised Statutes, Vol.1 p.64. See as to use of expressions "Farm Land" and "Quarter Lands" in Sec. 1 of Act of 1645. (Mills Stat. p.106.—Revised Statutes Vol. 1 p. 100.
Note 2: "Governor" in the text includes a Lieutenant or Deputy Governor; frequently in ancient records the Governor is styled "Captain" and "Lieutenant."
Note 3: Customary Laws of 1417.—Revised Statutes Vol.1 p.4. Sec.3, last paragraph commencing "Alsoe when you send your Lieutenant into your land of Man." &c.
Note 4: Very frequently the Great Enquest in their return expressed approval of the enclosure under the License, and it was considered that whether or not the approval was given in the words, the making a return was an approval, and that the refusal to make a return was a disapproval, which prevented the enclosure being made.
Note 5: The decision of the Disaforesting Commissioners, which was of course by the Act binding for the purposes of the Act only, was adverse to the view that the Great Enquest had any right of approval. The decision of the Commissioners was not acquiesced in by Manx lawyers generally. — Deemster Parr in his Abstract of the Manx Law, title "Inclosure and Intacks" says "Also it is an ancient practice that none shall enclose or take in any Common or unrented place, until he has first obtained the Governor's or his deputy's Lycense for the same, and then afterward to be viewed and allowed of by the Great Enquest for the same, and that it no way be prejudicial to any highway, watercourse or turbary
Note 6: By the operation of sec. 8 of the Act of Settlement of 1704, and of sec. 3 of the Supplemental or Explanatory Act of the same year sec. 3, enclosures from Highways in the lands of Barons became Intack lands, and therefore Customary Lord's Land. (Revised Statutes Vol. I pp; 164 and 173.