Page:The Laws of the Stannaries of Cornwall.djvu/55

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0*" CORNWALL. 4© the day of the court ; and the law-courts to be so cafled at least fifteen. days before the same day ; and the bailiff making default herein shall forfeit forty shillings. 24. We find and present that by our an- *4E«««i«i^ , F^ r^ • "^ 1 /• • conunue m fore* Cient custom, the WntS of execution by fieri ayearandadty. facias, or capias corpus, issuing out of the stannary-court do stand and continue in force by the space of a year and a day. 25. We affree, constitute, and ordain that *;• n© warrant ^r 1 11 1 . y of contempt up- no warrant of contempt shall be granted by on rctun;i of a the Vice- Warden or steward, upon a return ^J^^^d^^a of a rescous made upon a bailiff's oath, be- pwrty precepied. fore such time as the party supposed to be J'^^'lf^y faulty shall be precepted in to appear for the whkh panie^we examination of the same, and to produce his J^^'Sxe rSral witnesses for his clearing therein ; but if he shall not appear upon such precept, the war- rant of contempt to be granted against him, as against a delinquent. 26. We ajaree, constitute, and ordain that *6- ?«*«"» of , . • 1 , *r sureties to be cn- where a surety is returned upon an arrest, if doRed or proved the surety shall not have endorsed his^name c^ **"!'!!*"*? • J .1 1 '1 /• 1 / • V Stat.i6Car.I.» or sign upon the back of the warrant, with lequirestwowit- the day when he become surety ; or other- ^^f^afthT^ wise, if the bailiff cannot prove such surety- »n or persons ship by one sufficient witness at the least, ^^'li^elrshSi, the said return to be deemed void, and of no in the presence force touching the return of the surety, but ^lZ^e^' shall stand ffood against the party arrested; [/<»'^^^*^°"^/'^ ,,.,.*-' o 1 M 1 the notes see the and likewise upon common bail the return Appendix.] shall be void, unless the bailiff shall be able w^l*'^ ^ ^ • become sureties to prove by the party s endorsement, or otherwise not to by one witness at the least, that the party ^^ to'^cltaT?* arrested the names of the

  • See Appendix.