Page:The Laws of the Stannaries of Cornwall.djvu/37

Rh by the plaintiff;

Plaintiff to answer for special bailiiff's misdemeanors, &c.

and if any bailiff break his bond or recognizance, and being thereof law- fully convicted, if ever he be found serving any stannary process, he shall be imprisoned for one whole year.

No warrant of contempt to be granted on a rescue without hearing.

Vide Stat. Car. 1. Defendant to admitted to traverse the return.

32. We find that no warrant of contempt be granted by the Vice- Warden, or any of the stewards at the Prince's suit upon a re- turn of a rescous or assault made upon any bailiff on executing any stannary process, before the case be first heard before the Vice-Warden or steward of the court where such return was made.

33. Prisoners on mense process only, to have liberty of the borough.

33. We agree that the liberty acknow- ledged in the presentment, anno sixteenth of Henry the Eighth, article the twenty-second, that prisoners at mainprize may have liberty of the whole borough of Lostwythiel, is and shall be understood of prisoners upon original process, and not for prisoners upon execu- tion or misdemeanors, and to extend so far as the houses of the inhabitants shall reach within the borough and no farther.

34. Keeper, on mesne process to take bail but not on judicial process, without mandate, &c.

34. We find and agree, that the keeper upon original process may take bail, return- ins; the same into the next court from whence the original proceeded : but for judicial pro- cess, he is not to deliver the prisoner but by mandate from the Vice-Warden or warranty of record or consent of the plaintiff under his hand for the keeper's discharge. 35. Liberate by the Vice-Warden without palintiff's consent, how punished &c.

35. We find and agree, that if the Vice- Warden make any liberate for the ment