Page:The Laws of the Stannaries of Cornwall.djvu/72

66 LAWS OP THE STANNARIES and appoint three sufficient indifferent per- sdns for to enter upon, and go down by the benefit or use of the present tackle or ropes into such work then used, and into all and every shaft and shafts so near adjoining, which hath or shall be so digged or wrought in ; and to see and try by measuring or other- wise, whether there be any digging within the limits of their lands or bounds, to view the same under ground. And in case the party so working shall not after such view to be nad as aforesaid, and notice thereupon given, desist to work any further within such lands or bounds, that then the owner or owners of such adjoining lands or bounds, or such as claim under them shall dig shafts for the working of the said tin, and bringing up the same to grass, and shall and may bring their action pf trespass against the owner or adventurer that hath so wrought tin under ground within their lands or bounds, artd recover the full value of all the tin stuff, artd tin ore, so wrought within the limits of the said adjoining bounds, or several lands, after the time of such view and notice given, to- gether with the costs of suit, in case such tin shall appear to be wrought within such ad- joining bounds or lands. But if the party shall desist sucl working, upon such view and notice given; that then the party so working, shall not be liable to any action, for what he hath digged or wrought before such notice given. And we do lastly ordain, that as often as any trial shall be had touch- ing any digging under ground beyond the land or bounds, it shall be by a special court if required by either party so contending as