# Manx Primary Source Archive — Transcription

**Source image:** `20260219_110935.jpg`  
**Transcribed:** 2026-02-25 20:32  
**Method:** Automated (Claude Batch API — claude-opus-4-6)

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has not recognized affidavits but such as
are taken by the proper Officers of the
Court or by Commissioners and no process
of arrest has been issued by the Courts
of the Isle of Man but upon affidavits
made as afors^d.

In the case of Ashbridge v
Armstrong the affidavit to ground an
arrest was made in England by the
Plff. before a Manx Advocate who was
commissioned by the Court of Chancery
to take Affidavits generally— and upon
this Affidavit process of arrest was issued
on the part of the Deft. a motion was
made to dismiss the action on the ground
that the Commissioner had no authority
to take the Affidavit out of the Isle of
Mann.

The Chancellor referred the
Question to the Deemsters— Deemster
Christian was of opinion that no action
of arrest ought to issue on the affidavit
so taken and— Deemster Heywood was
of opinion that the Court had authority
to grant such a Commission and that
the action of arrest was lawfully issued

Your opinion is therefore requi-
red whether the Court of Chancery
may lawfully grant Commissions
to take affidavits out of the
Jurisdiction of the Isle of Man