Page:The Laws of the Stannaries of Cornwall.djvu/39

Rh 39. Penalty on serving process by night or on the sabbath.

30. We find fireat abuses in the bailiffs of the Stannaries in serving process by night, by night, and on the sabbath-days : We do henceforth therefore agree, that no bailiff or bailiffs do arrest any person on the sabbath-day, or in the night except it be such as ar,e fugitives and bankrupts, upon pain of twenty shillings for every such offence, and imprisonment at the pleasure of the Vice-Warden, the one half to the Lord-Prince, and the other half to the common treasury of the stannaries.

40. Appeals to the stewards, and  so upwards:

40. We find that all appeals in the Stan- nary ought to be taken at all times when they shall be exhibited, either to the Stew- ard, Vice- Warden, Lord- Warden, or to the Prince's Highness after the declaration en- tered in court, and the defendant to make his choice whom first to appeal to, and so upward;

but no appeal to be received by the Steward before verdict. Vide 4 Instit. 230. provided no stannary steward re- ceive any appeal before verdict given. And if such steward shall admit any such appeal before verdict given, that then the steward shall forfeit for every such offence forty shil- lings, the one half to the Lord-Prince, and the other half to the party grieved, to be levied by the Lord-Warden or the Vice- Warden's command, unless he shall satisfy the same.

41. Dutchy seal belongs to the Vice-Warden: All stannary process to proceed under seal. The stewards have the use only and not the profit.

41. We find and agree, that the seal of the dutchy belongeth to the Vice-Warden, as appcareth by his patent, and that the Stewards having severally a seal for expedi- tion and convenienpe of the suitors have but the use only, and not the profit thereof; and that all process whatsoever issuing out of the stannary-