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man of London to recover a Debt not exceeding Forty
[This Act, which was repealed by stat. 3 Jac. I. c. 15. and other provisions
[ No. XVII. ] 21 James I. c. 23.--An Act for avoiding
of vexatious Delays, caused by removing Actions and
Suits out of Inferior Courts, 21 James I.
HEREAS there now are, and long time have been, divers courts
of record in divers cities, liberties, towns corporate, and else'where, some of them being far remote from Westminster, others from • the court of Grand Sessions in Wales, which were principally ordained • for the ease and quiet of such as should have occasion to sue there • for debts, duties, and wrongs, so that they might, with small expenses, • receive justice according to the merits of their causes in those in
ferior courts, without being compelled to travel to Westminster, or
prosecuted their actions and suits many times ready for trial, and
great expenses of money, and loss and trouble, to those which justly.
or get satisfaction for debts, duties, or wrongs owing, due, or done
• unto them :' No writ to re- II. For remedy wherof, be it enacted by the King's most excellent move a suit
Majesty, the Lords Spiritual and Temporal, and by the Commons, in commenced in this present Parliament assembled, and by the authority of the same, an inferior
That no writ or writs of habeas corpus, certiorari, or any other writ or court shall be writs, process or processes whatsoever, other than writs of error or obeyed, unless atlaiot, to be sued forth after the end of this present session of Parliait be delivered before issue or
ment, by any person or persons whatsoever, out of or from any of his demurrer join. Majesty's Courts at Westminster, or the court of the great sessions in ed.
Wales, or out of any other court or courts having or pretending to have
officer or officers of the court or courts wherein or to whom any such No. XVII. writ or writs shall be directed and delivered ; but that he and they shall 21 James I. and may proceed in the said cause or causes as though no such writ or
c. 23. writs were sued forth or delivered to him or them, except that the said writ or writs be delivered to the steward or stewards, judge or judges, officer or officers of the said court, before issue or demurrer joined in the said cause or causes so depending or to be depending in any such court of record in any city, liberty, town corporate, or elsewhere, having power to hold such plea, so as the said issue or demurrer be not joined within six weeks next after the arrest or appearance of the defendant or defendants to such action or suit commenced.
III. And be it further enacted by the authority aforesaid, That if any A suit once resuch action, bill, plaint, suit, or cause, which is or shall hereafter be manded shall brought, commenced, or depending in any such court of record in any never aftercity, liberty, town corporate, or elsewhere, shall, aster the end of this wards be represent session of Parliament, be reinoved or staid by any such writ or moved. writs, process or processes, to be sucd forth or out of any of his Majesty's courts at Westminster, or the court of the great sessions in Wales, or any other court as aforesaid, that if afterwards the same action, bill, plaint, suit, or cause shall be remanded or sent back again by any writ or writs of procedendo, or other writ whatsoever ; that then the said action, bill, plaint, suit, or cause, shall never afterwards be removed or staid before judgment, by any writ or writs whatsoever to be sued forth or out of any of his Majesty's said courts at Westminster, or the said court of great sessions in Wales, or any other court as aforesaid ; any law, statute, custom, usage, or restraint, to the contrary thereof in any wise notwithstanding.
IV. And be it further enacted by the authority aforesaid, That if in A suit when the any action, bill, plaint, suit, or cause, not concerning freehold or inherit- thing indemand ance, or title of land, lease, or rent, which shall be brought commenced, exceeds not five or depending in any such court of record in any city, liberty, town cor- pounds, shall porate, or elsewhere, if it shall appear, or be laid in the declaration, that not be removed. the debt, damages, or things demanded, doth or shall not amount to or exceed the sum of five pounds ; that then such action, bill, plaint, suit, or cause, shall not be stayed nor removed into any of his Majesty's courts at Westminster, or other courts as aforesaid, by any writ or writs whatsoever, to be sued or prosecuted forth or out of his Majesty's said courts at Westminster, or other courts as aforesaid, other than writs of error or altaint; any law, statute, usage, custom, or restraint, to the contrary in any wise notwithstanding.
v. And be it further enacted by the authority aforesaid, That if any writ or writs whatsoever, shall be after the end of this present session of Parliament granted or sued forth or out of any of bis Majesty's said courts at Westminster, or court of the great sessions in Wales, or other court, contrary to the intent and meaning of this present Act, that then it shall and may be lawful to and for the judge or judges, and officer or officers, to whom such writ or writs shall be directed or delivered, to disallow and refuse the same, and to proceed as if no such writ or writs bad been granted or sued out or forth as aforesaid ; any law, statute, usage, custom, or restraint, to the contrary in any wise notwithstanding.
V1. Provided always, That this Act shall extend only to such courts This Act shall of record in cities, liberties, towns corporate, and elsewhere, and for so only extend long time only as there is or shall be an utter barrister of three years
to courts in standing at the bar of one of the four inns of court, that is or shall
be liberties, &c.
and when the steward, under steward, or deputy steward, town clerk, or judge, or re
steward is an corder of the same inferior court, or that is or shall be from time to time
utter barrister, assistant to such judge or judges of such inferior courts as shall not be &c. utter barristers of such standing as is aforesaid, and there present, in which such actions, bills, plaints, suits, or causes is or shall be brought, commenced or depending, and not of counsel in any action, suit or cause then depending in the same inferior court; any thing in this present Act, or any law, or other statute, usage, custom, or restraint, to the contrary in any wise notwithstanding.
No. XVII. VII. Provided that this Act, or any thing therein contained, shall not 21 J. I. c. 23. extend to any action, bill, plaint, suit, or cause, wherein any such foreign
or other plea shall be pleaded as could not be tried or determined with'This Act shall in the jurisdiction of such inferior courts. not extend to any foreign plea.
[ No. XVIII.1 16 Charles I. c. 15.-An Act against
divers incroachments and Oppressions in the Stannary
Courts. 16 Charles I. : WHEREAS King Edward the First, of famous memory, did, for the
amendment of the stannaries in the county of Devon, grant diEd. 1. Charter.
vers franchises and liberties to the tinners there : And whereas in the
· articles of the said charter were explained in manner following, that is Explained 50 to say, Whereas one article of the said charter is in these words followEdward 3. ing, viz. “ Sciatis nos ad emendationem stappariarum nostrarum in
com. Devon. ad tranquillitatem & utilitatem stannatorum nostrorum
omnes stannatores prædicti operantes in stannariis illis quæ sunt
alicujus ministrorum nostrorum, seu hæredum nostrorum, nisi per
cunque in villis, portubus, feriis, & mercatis infra com. prædict. de “ bonis suis propriis, &c." ' Whereupon the said Commons prayed a * declaration, as followeth,'—“ Requeste, Sur quoi plese declarer si “auters persons que les esteynors overantz in les esteineryes averont et “ enjoyeront la franchise grante per la dite chartre du Roy desicome la " dite chartre voet. Quod omnes stannatores prædicti operantes in “ stannariis illis, sint liberi, &c. Et autres persons que les overours “ cestassavoir leurs maistres que les louent & leurs servants & autres “ clayment mesme la Franchise. Et auxint plese declarer si les dites
overours y averont les Franchises que in autres temps a quant ils “ averont in mesme lesteinery desicome la chartre voet; Dum operan“ tur in eisdem stannariis sint liberi, &c.” * Upon which request, answer was made as followeth :'-" Respons. En droit de les dites
paroles, operantes in stannariis illis, & dum operantur in eisdem " stannariis, soient clerement entenduz de operariis laborantibus “ duntaxat in stannariis illis sine fraude & dolo,'& non de aliis, nec “ alibi laborantibus." * And whereas the said Commons prayed a far*ther declaratiou, as followeth.'—" Requeste, Item soit declarez, și “ le gardein de lesteinery puisse tenir plee inter estyeinor & forreyn de
querele sourdante aillours que en les lieux ou ils sont overantz desi“ come la chartre voet, quod custos noster prædictus, vel ejus locum“ tenens teneat omnia placita inter stannatores prædictos emergen. & “ etiam inter ipsos & alios forinsecos de omnibus transgressionibus, " querelis, & contractibus factis in locis in quibus operantur infra stan“narias prædictas similiter emergen. &c. Quare il tient plee des tieux
quereles sourdantz in chescune parte deins le dit counte." Upon • which answer was in these words, “ viz. Resp. et en droit de ceste "article, se ent extende la jurisdiction cleremente solonc' les paroles del “ dit chartre, cestassavoir ; in locis ubi iidem operarii operantur, &
“ nemy aillours ne en autre manere.” Which charter so declared, was No. XVIII. • repeated again ; and in the eighth year of the reign of King Richard 16 C. I. c.15. * the second, commanded to be put in execution.'
• And whereas the said King Edward the First made the like charter The like charto the tinners in the county of Cornwall, which charter was in the fore ter to tinners • said Parliament, upon the request of the Commons of the county of in Cornwall. Cornwall, declared in the same manner and words:
• III. And whereas the tioners of the counties of Devon and Corn- Declaration. * wall have by virtue of the said charters enjoyed divers and great liber• ties, and are quit from all tolls, tallages, aids and other customs in the 'vills, ports, fairs and markets within the said counties respectively: • which great liberties do of right belong to the working tinner, working • without fraud or deceit in the stannaries aforesaid, and not to any * other por elsewhere working, and were granted to the said tinners for * their encouragement in their works: And whereas of late years Abuse of liber
sundry inhabitants within the said counties, and others, to entitle ties. * themselves to the said liberties, have by fraud and covin, for small or * no considerations, bought and acquired, and do buy, and acquire to • themselves decayed tin-works, and small and inconsiderable parts in * the same and other tin-works; which abuses are done principally to * enable the said false and feigned tinners to vex and sue their neigh• bours in the stannary courts, where for the most part the defendant is • unjustly debarred his costs, although the cause be adjudged with him; • and the jurisdiction of the said stanvaries hath, contrary to ancient • right and usage, and the said charters, been endeavoured to be ex• tended out of the places where the tinners do work, through the whole
counties of Devon and Cornwall respectively, which is no way for the • benefit of his Majesty, but for the singular lucre of some private
persons: And whereas by the said abuses great inconveniencies do . follow, (that is to say) the inhabitants of the said counties are misera• bly vexed, oppressed and imprisoned, his Majesty defrauded of his • aids and customs, and the lords and owners of fairs, markets and other franchises, of their tolls and duties, and the government of the
country exceedingly confounded and eluded, the said false and • feigned tinners claiming when they list to be tinners, and when they • list to be foreigners ; besides, that if timely provision be not made, • the certain decay of his Majesty's profits in the tin-works will ensue, ' for that the same being divided into so many hands and parts, cannot • conveniently be set on work, nor contribution raised for the working of the same:
IV. Be it therefore enacted by his Majesty, and the Lords Spiritual The former den and Teniporal, and the Commons, in this present Parliament assembled, clarations con. That the said declarations be henceforth held and duly observed; with firmed. this, That the words of the said charters and declarations, in locis ubi In locis ubi operantur, be expounded of the vill, tithing and hamlet where some operantur, how tin-work in work is situate, and not elsewhere, and no longer than the expounded. same tin-work is or shall be in working: And if any person or persons None but tinthat shall be sued in the said stannaries, shall swear or tender his or ners to be sued; their oath in the said court where he or they shall be sued, that unless byworkhe or they are not, nor is, nor at time of the suit commenced was not, ing tinners. nor were a tinner or tinners, then such defendant or defendants shall be forthwith discharged of such suit, unless that the plaintiff or plaintiff's do forthwith make oath that the said plaintiff or plaintiffs is or are true and working tinners, without fraud or deceit, and that the cause of his or their soit arose within the said stannaries, or concerneth tin or tin-works: And if any person be not re vera, and without Persons sued fraud, a working and labouring tipner, in or about some tin-work, set by others shall on work within one half year next before his suit, shall sue, prosecute, or have their acimplead, in any the said courts, or before the warden, vice-warden, or tion. steward of the said stannaries, any person or persons, that is or are not a tinner or tinners at the time of such suit commenced, then the defendant and defendants, in every such case, shall have his and their action at the common law, against such person suing or prosecuting, wherein he shall recover ten pounds, and his damages and costs of suit :
No. XVIII. Provided that such action be brought within two years next after the 16 C.I.c.15. action or suit brought in the said stannary courts, or before the said
warden, vice-warden, or steward. Such action to
V. And be it declared and enacted, That in all cases where the be brought
plaintiff or defendant, plaintiffs or defendants, are to bave costs by the within two
laws or statutes of this realm, there also the said plaintiffs and deyears.
fendants shall have the like costs in the stannary courts: And in regard Costs in stan
that the said charters were granted for the ease and advantage of the nary courts.
tinners, and not for their disadvantage or oppression, and yet divers of
have been restrained : Tinners may
VI. Be it declared and enacted, That it shall be lawful to and for the sue foreigners said tinners, if they think fit, to sue any foreigners at the comat the common mon law; the said charter or any usage to the contrary notwithlaw.
standing Abuses of poor
• Vil. And whereas the bailiffs of the said stannary courts are very bailiffs in the numerous, and are persons of small or no credit ; and yet upon their stannarics.
• return that any person is become surety for any other upon arrest by
bled at surety by any return of any bailiff or bailiffs of the said stan-
• IX. And whereas in the said stannaries it is used, that if the bailiffs
day, he shall be condemned, and execution is suddenly awarded,
' when as often the party was not arrested :' No defendant
X. Be it further enacted, That no defendant shall be condemned shall be con
upon such return for not appearing, unless also a note under the hand demned on or sign of the party arrested, and subscribed by two such witnesses as bailiff's return, aforesaid, be returned into the said court at or before the day of appearunless on a noté ance ; And the said bailiff or bailiffs shall take but fourpence for every subscribed by such note as aforesaid; and it is provided, that none shall be bailed the party.
upon arrest there, till he give such note. Rescous.
XI. And in case any of the said bailiff or bailiffs shall return a rescous against any person or persons, he or they shall be admitted to traverse the said return; which traverse, if it be found with him or them so traversing, then he or they shall be no further troubled or occasioned by reason of such return.
[ No. XIX. ] 7 Anne, c. 9.–An Act for giving the Com
missioners of Sewers for the City of London the same
7 Anne, c. 10,
[ No. XIX. a.] 7 Anne, c. 10.–An Act for rendering more
effectual the laws concerning Commissions of Sewers.
sewers, It is provided, That if any person or persons being as-