Page:The statutes of Wales (1908).djvu/136

4 III.

The Sheriff ought to execute his Office in this Form, to wit; When any one shall have complained to him ?of any Trespass done to him against the Peace of our Lord the King, or of the taking and wrongful detaining of Cattle, or of an unjust taking, or of Debt, or any other Contract not fulfilled and the like, either by Writ or without Writ, first let him take Pledges of prosecuting his Claim, or the party's Oath if he be a poor man, and afterwards make Execution as is more fully declared, in this manner, the Defendants in each case shall be summoned to be at the next County Court, to answer unto the Plaintiffs; at which Court, after Summons made and Proof thereof, if they come not, they shall be summoned again by Award of the Court, to be at another Court next ensuing, to answer as before; at which, if they come not, after Summons repeated and Proof thereof, they shall be summoned by Award of the Court a third time, to be at the next third County Court to answer as before; at which Court, if they come not, then the Plaintiffs by Judgment of the Court, as well in Pleas by Writ as Plaints without Writ, shall recover their Demands together with Damages or Amends, as well in movables as in immovables, according as the Actions require. And for such Defaults a Penalty shall be incurred to our Lord the King, according to the Law and Custom of Wales. And when the parties shall have appeared to plead, each shall be received without Fine to relate the Truth of his Case; and according to the Plaints Answers and Allegations on either side, shall be the Proceeding to Judgment for the Plaintiff or Defendant, by the Award of the County Court; and the Punishment shall be according to the Quality and Quantity of the Offence. And it is to be known that the County Court ought to be holden in this Manner, to wit, from Month to Month in such Place as our Lord and King shall ordain; and this upon Monday in one County, upon Tuesday in another, upon Wednesday in a third County, and upon Thursday in a fourth, and not upon any other days. And the Sheriff shall proceed thus in the holding of his County Court. First he shall hear and receive before himself and the Coroner and the Suitors of the County, the presentments of Felonies and of Casualties that shall have happened between two Counties, touching the death of a man, in this manner; That the