Page:The Laws of the Stannaries of Cornwall.djvu/73

OF CORNWALL. 67 as aforesaid; and the jury to try the said cause shall come upon the said place, and go down into such shafts to view and measure the same. And likewise view and measure the extent of the lands or bounds upon the surface, for their satisfaction, and the extent of such lands or bounds shall then be shewn unto them. But this law shall not extend to any working under ground in the drift of any adit through any wastrel lands.

9- No appearance upon summons or distringas,

9. Item. Whereas several persons being sued in the stannary-courts have upon summons or distringas against their goods ordered some one bailiff of the said stannaries to cause an appearance to be made in the said courts, whereby proceedings have been against the said defendants, though sometimes the defendant have no notice of the declaration, the same being delivered to the bailiff by the plantiff's attorney to carry to the defendant. We do therefore agree, constitute, and ordain that from henceforth no appearance shall be taken upon any such summons or distringas, except the party appear in person,

except in person or by a known attorney. or by some known attorney of the said court, who may be answerable to the said defendant for any neglect that may be in the defence of the said suit, that so the defendant may not be surprised by any proceedings against him. And that if any other attorney shall

Penalty on attorney appearing without order.

appear for any defendant in the said court without the defendant's order and be thereof legally convicted, he shall forfeit the sum of ten pounds, the one half to the Lord Duke, or King, the other half to the party grieved, to be levied by fieri facias upon his