Page:The Laws of the Stannaries of Cornwall.djvu/28

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LAWS OF THE STANNARIES

either by the parties' confession, or others wise, the Lord-Warden, or Vice-Warden, ought to Command such persons to desist from such unlawful suits against such tinners out of the stannaries; and if the parties so suing shall disobey such command, or continue their suit in any sort afterwards, he shall forfeit the sum of forty shillings; and the Lord-Warden, or Vice-Warden, then to commit such offender to the Prince's goal at Lostwythiel, as has been ever used and accustomed, there to remain until he surcease his suit, and shall pay the tinner his reason able cost, and the fine of forty shillings, the one half to the Prince's Highness, and the other half to the party grieved; all which forfeiture or fine shall be paid to the Vice-Warden, and by him delivered one half to the party grieved, and the other half to be stannary-court, where the offence was Committed, the next court after the payment thereof, to the tin-bailiff to be estreated by the Steward, who is to be accountable for the the same, as for any other fine, or amerciament, that shall happen to grow due in the said stannary-court by any other ways or means whatsoever.

A tinner may sue foreigners at commons law if he shall think fit. Vide Stat 1. Car. 1.
By stat. 16. Car 10. 15, must be a working tinner in some hamlet, village or tithing. M
Vid.expos.char. Edw 1. in locis ubi operatur.
6 C. 1. ch. 15.
Transitory actions between tinner and tinner &c. thought not concerning the stannaries, or arising therin, if the defendant be found within the stannaries, may be brought in these courts at commons law; but if one party alone be a tinner, such tranistory actions which concern not the stannaries, nor arise therein, cannot be brought in the stannary courts. 4 Instit. 231.
13. Between tinner and foreigner. 4 Isnt. 250.
Tinners may sue at common law.

13. We find, if any tinner sue a foreigner, or any foreigner sue a tinner, or a tinner sue a tinner at common law, or in any foreign court, for matters determinable in the stannary, or procure a writ of habeas corpus, or prohibition for removing any suit out of the stannary, the matter being determinable in the stannary, and it appears by manifest proof to the Vice-Warden, such tinner, or
foreigner