Page:The Laws of the Stannaries of Cornwall.djvu/41

Rh 46. Return of suretyship to be endorsded or proved by one witness. Two wtinessed vide Stat. 16. Car. 1, c. 15. (☞ See p. 134, for the form of a note to be given by defendant and surities. See p. 49, article 26.

46.We do order and agree, that every bailiff who shall make any arrest within the stannary, and shall make return of any sure- tyship, unless the surety by him taken do endorse his name, or sign, on the backside of the warrant with the date of the day he became surety, or that the bailiff be able to prove the suretyship by one sufficient witness at the least, if any bailiff make return otherwise, such returns are not to be received by the steward, but to be esteemed of no force.

47. Declarations to be ready at the court-day defendant appearing or a nonsuit.

47. We do likewise order and agree, that the plaintiff's attorney take care that they have their declarations ready at the same court when the defendant shall appear, if it be required by the defendant, otherwise the steward is to grant a nonsuit against the plaintiff;

Steward neglecting to enter non-suit, to forfeit forty shillings.

which if the steward shall not do the same, being required by the defendant his attorney, the steward shall forfeit to Lord-Prince forty shillings for a fine

All which said several laws, customs, and constitutions, are hereby declared to be far- ther ratified, established, and confirmed so far as they are unex,pired, and not repugnant to any act of parliament, or to any act or constitution made in the convocations held in the reigns of King Charles the First, King James the Second, Queen Anne, or in this present convocation.

The several laws and constitutions made 11 Charles I.

And whereas at the convocation of four and twenty stannators or parliament of tin- ners assembled for the stannaries in Cornwall, before