Page:Ruffhead - The Statutes at Large - vol 3.djvu/187

 A. D. 1640. Anno decimo fexto Caroli I. C. 16. 139 Terved ; with this. That the Words of the faid Charters and Declarations, In loth ub'i operanfur, be ex- pounded of the Vill, Tithing and Hamlet where fome Tinwork in Work is (ituate, and not elfewhere, In locisuhi ope- and no longer than the fame Tin-work is or (hall be in Working: (2) And if any Perfon or Perfons"^"'"^' '^°"«*- that Ihall be fued in the faid Stannaries, Ihall fwear or tender his or their Oath in the faid Court where No"n"e but Tir- he or they Ihall be faed, that he or they are not, nor is, nor at Time of the Suit commenced was not, ntrsiohefue'i; nor were a Tinner or Tinners, then fuch Defendant or Defendants fhall be forthwith difcharged of fuch ""'"J?.*'!' «'°- Suit, unlefs that the Plaintiff or Plaintiffs do forthwith make Oath that the faid Plaintiff or Plain-'"*' '^""'"'• tiffs 'is or are true and working Tinners, without Fraud or Deceit, and that the Caufe of his or tlieir Suit arofe within .the faid-Stannaries, or concerneth Tin or Tin-works : (3) And if any Perfon be not P-,°"' " *">' revera, and without Fraud, a working and labouring Tinner, in or about fome Tin-work, fet on work jheiTAdion'.^ ° within one Half- Year next before his Suit, (hall (ue, profecute or implead in any the faid Courts, or before the Warden, Vice-warden or Steward of the (aid Stannaries, any Perfon or Perfons, that is or are not a Tinner or Tinners at the Time of fuch Suit commenced, then the Defendant and De- fendants in every fuch Cafe (hall have his and their AtfVion at the Common Law, againft fuch Perfon fuing or profecuting, wherein he (hall recover ten Pounds and his Damages and Colls of Suit: (4) ^ro-^^l^^^^.°^^^^ vided, That fuch A<Sion be brought within two Years next after the Adlion or Suit brought in the in two Yean. faid Stannary Courts, or before the faid Warden, Vice-warden or Steward. V. And be it declared and enadted. That in all Cafes where the Plaintiff or Defendant, Plaintiffs orCoftsin S'an- Defendants, are to have Cofts by the Laws or Statutes of this Realm, there alfo the faid Plaintiffs and"^'^^''^'*""'* Defendants fhall. have the like Cofts in the Stannary Courts : (2) And in regard that the faid Charters were granted for the Eafe and Advantage of the Tinners, and not for their Difadvantage or Oppreffion, and yet divers of them who for fpecial Reafons have defired to fue at the Common Law, have been re- llrained ; VL Be it declared and enadted. That it fliall be lawful to and for the faid Tinners, if they think Tinners may fue fit, to fue any Foreigners at the Common Law; the faid Charter or any Ufage to the contrary ^^^^'^"^^^"^3"!^* jiotwithftanding. ' VIL And whereas the Bailiffs of the faid Stannary Courts are very numerous, and are Perfons of^^'|[J^^°'^jP°'"" VIIL Be it ena6ted. That no Perfon or Perfons be charged or troubled as Surety by any Return of ^ay be"fue'd! any Bailiff or Bailiffs of the faid Stannaries, unlefs that the Perfon or Perfons returned Surety or Sureties ihall in the Prefence of two Witneffes fubfcribe or fign a Note in Writing, that fuch Perfon or Perfons is or are become Surety or Sureties 5(2) which Note (liall mention the Names of the Plaintiffs and Defendants in the Suit, and the Sum or Damages in Demand, and the Nature of the Adion, and (hall be figned or fubfcribed by the faid Witneffes, and returned and filed in the Court out of which fuch Procefs (hall iffufe, and no Bailiff or Bailiffs of the faid Stannaries (hall be admitted as Wit- neffes to any fuch Note. ' IX. And whereas in the faid Stannaries it is ufed, that if the Bailiffs return any Perfon arrefted, that ' when as often the Party was not arrefted :' X. Be it fiirther enadte'd. That no Defendant ftiall be condemned upon fuch Return for not appear- ^aifbe^con-* ing, unlefs alfo a Note under the Hand or Sign of the Party arrefted, and fubfcribed by two fuch Wit- Hemnedon a neffes as aforefaid, be returned into the faid Court at or before the Day of Appearance; and the faid Bailiff's Return, Bailiff or Bailiffs ftiall take but four-pence for every fuch Note as aforefaid; and it is provided, that ""^'r^^be/b^rhe none fliall be bailed upon Arreft there, till he give fuch Note. Pany. XL And in Cafe any the faid Bailiff or Bailiffs (hall return a Refcous againft any Perfon or Perfons, Refcous. he or they fliall be admitted to traverfe the faid Return ; which Traverfe if it be found with him or them '^'l?.l'^7^y«^' fo traverfmg, then he or they fliall be no further troubled or occafioned by Reafon of fuch Return. 7hatLabc^re"in the Stannarks may recover their IVagii before ^Jujikcs, CAP. XVI. "An A<it for the Certainty of Forefts, and of the Meets, M?ers, Limits and Bounds of the Forefts. ' VV the Third, it was ordained. That the old Perambulation of thePoreft in the Time of King c. i. I * Edivardtt Firft, fliould be thenceforth holden in like Form as it was then ridden and bounded, and '' and lawful : ' IL And whereas for many Ages paft certain Meets, Meers, Limits and Bounds of the Forefts, have ' in. And whereas of late divers Prefentments have been made, and fome Judgments given, whereby ' pretended to extend, beyond fome of the faid Meets, Meers, Limits and Bounds fo commonly known, ' and formerly obferved, to the great Grievance and Vexation of many Perfons having Lands adjoin- T 2i ' whereas
 * fmall or no Credit, and yet upon their Return that any Perfon is become Surety for any other upon stannaries.
 * Arreft by Procefs out of the faid Courts, fuch Perfon who fometinies knows nothing of the Matter, is
 * by falfe Returns of the faid Bailiffs, made liable to the Debt or Demand, which Bailiffs, by Reafon of
 * their Poverty, are often not refponfible, and fo the Party without Remedy ;' w'lureti
 * if fuch Perfon make Default at the Day, he hall be condemned, and Execution is fuddenly awarded,
 * XT /HERE AS by A61 of Parliament made in the firft Year of the Reign of the late King Edward ^ Ed. 3. Stat, 1,
 * in fuch Places where it was not bounded, the King would that it Ihould be bounded by good Men
 * been commonly known and obferved in the feveral Counties wherein the faid Forefts lie :
 * the Meets, Meers, Limits and Bounds of fome of the faid Forefts have been varioufly extended, or
 * ing to the faid Meets, Meers, Limits and Bounds fo commonly known, and formerly obferved : And