Page:The Laws of the Stannaries of Cornwall.djvu/40

34 Stannary-court ought to proceed under seal of the dutchy.

42. Appeals, within what time to be heard, &c.

42. We find that the party appealing ought to prosecute his appeal, and procure his hearing within six weeks at farthest after the date of his mandate, supersedeas, or liberate, and thereof give sufficient notice to the adverse party; and that the first day assigned for the hearing be peremptory to the party appealing to prove his suggestions, except where his witnesses cannot be present in case of necessity, and that proved, or the Vice-Warden himself cannot be present in like case of necessity, otherwise the appeal ipso facto to be dismissed, and the court to be at large.

43. Decrees upon appeals not to be deterred

43. We find that in cases of appeals, when the proofs and allegations have been fully heard, that the judge in equity defer not his order to a second sitting, except in case of manifest difficulty, in which case that he declare his order within three weeks after the hearing at farthest.

44. Persons committed on contempts not to be delivered but by such as have power.

44. We find that if any man be committed upon contempt, either by the Vice-Warden, or from the court, that he be not delivered by the keepers, but by such as have power to enlarge him, upon pain of punishment at the Lord-Warden's or Vice-Warden's discretion.

45. Costs of appeal

45. We do agree and order it accordingly, that upon appeal when it is past against the appellant consideration is to be had of the cost of the appeal by the Vice- Warden. 46. We