No.XVI. c. 14. 1 James I. [No. XVI.] 1 James I. c. 14.-A Remedy for a Freeman of London to recover a Debt not exceeding Forty Shillings owing to him by another inhabiting within the said City or the Liberties: A Penalty if the Debtor do not appear before the Commissioners upon Warning; or if the Creditor or Debtor do not perform their order; or if the Creditor, being a Freeman of London, do sue any other Freemen out of the same City for a Debt under Forty Shillings. Repealed by 3 Jac. I. c. 15. 21 James I. C. 23. No writ to remove a suit an inferior court shall be obeyed, unless it be delivered before issue or ed. [This Act, which was repealed by stat. 3 Jac. I. c. 15. and other provisions substituted in its room, is the first which was passed for establishing the summary jurisdiction of a court of requests.] [ No. XVII. ] 21 James I. c. 23. An Act for avoiding of vexatious Delays, caused by removing Actions and Suits. out of Inferior Courts. ་ WHEREAS there now are, and long time have been, divers courts of record in divers cities, liberties, towns corporate, and elsewhere, 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 the court of the Great Sessions in Wales: But of late divers of his Majesty's loving subjects, having for just and true debts, and other good and lawful causes, commenced suits in such inferior courts, and prosecuted their actions and suits many times ready for trial, and the same causes being for the most part but of small value, have been removed into some of his Majesty's courts at Westminster, or the court of the Great Sessions in Wales; and being remanded by procedendo into the same inferior courts where the action or suit was ' first commenced, the same have been again oftentimes removed into 'the same or other of his Majesty's courts at Westminster, or court of the Great Sessions in Wales, to the intolerable delay of justice, and great expenses of money, and loss and trouble, to those which justly. and honestly by such actions and suits have sought only to recover or get satisfaction for debts, duties, or wrongs owing, due, or done ་ ' unto them :' II. For remedy wherof, be it enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and by the Commons, in commenced in this present Parliament assembled, and by the authority of the same, That no writ or writs of habeas corpus, certiorari, or any other writ or writs, process or processes whatsoever, other than writs of error or attaint, to be sued forth after the end of this present session of Parliament, 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 Wales, or out of any other court or courts having or pretending to have power to award such writs or processes, to stay or remove any action, bill, plaint, suit, or cause brought, commenced, or depending, or hereafter to be brought, commenced, or depending, in any court or courts of record within any city, liberty, town corporate, or elsewhere, which have or shall have jurisdiction, power, or authority to hold plea in that action, bill, plaint, suit, or cause: The same cause of action, bill, plaint, or suit, arising or growing within the said city, liberty, town corporate, or jurisdiction, shall, after the end of this present session of Parliament, be received or allowed by the steward or stewards, judge or judges, or such officer or officers of the court or courts wherein or to whom No. XVII. 21 James I. c. 23. 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, after the end of this wards be represent session of Parliament, be removed 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 attaint; 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 his 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 had been granted or sued out or forth as aforesaid; any law, statute, usage, custom, or restraint, to the contrary in any wise notwithstanding. VI. Provided always, That this Act shall extend only to such courts of record in cities, liberties, towns corporate, and elsewhere, and for so long time only as there is or shall be an utter barrister of three years standing at the bar of one of the four inns of court, that is or shall be steward, under steward, or deputy steward, town clerk, or judge, or recorder of the same inferior court, or that is or shall be from time to time assistant to such judge or judges of such inferior courts as shall not be 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. This Act shall only extend to courts in liberties, &c. and when the steward is an utter barrister, &c. No. XVII. 21 J. I. c. 23. This Act shall not extend to VII. Provided that this Act, or any thing therein contained, shall not 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 within the jurisdiction of such inferior courts. any foreign plea. [No. XVIII. 16 Charles I. c. 15.-An Act against divers incroachments and Oppressions in the Stannary Courts. 16 Charles I. WH c. 15. Ed. 1. Charter. Explained 50 ་ THEREAS King Edward the First, of famous memory, did, for the amendment of the stannaries in the county of Devon, grant di" vers franchises and liberties to the tinners there: And whereas in the Parliament in the fiftieth year of King Edward the Third, upon the petition of the Commons of the county of Devon, certain branches and articles of the said charter were explained in manner following, that is 'to say, Whereas one article of the said charter is in these words following, viz. "Sciatis nos ad emendationem stannariarum nostrarum in "com. Devon. ad tranquillitatem & utilitatem stannatorum nostrorum "prædictorum earundem, concessisse pro nobis et hæredibus nostris, quod omnes stannatores prædicti operantes in stannariis illis quæ sunt "dominia nostra, dum operantur in eisdem stannariis, liberi sint & "quieti de placitis nativorum, & de omnibus placitis & querelis curiam "nostram & hæredum nostrorum, qualitercunque tangen'. Ita quod "non respondeant coram aliquibus justiciariis vel ministris nostris seu "hæredum nostrorum de aliquo placito seu querela infra prædictas "stannarias emergen. nisi coram custode nostro stannariarum nostrarum "prædictarum, qui pro tempore fuerit (except. placitis terr,' vitæ & "membrorum) nec recedent ab operationibus suis per summonitionem "alicujus ministrorum nostrorum, seu hæredum nostrorum, nisi per "summonitionem communem dicti custodis nostri ; & quod quieti sint "de omnibus tallag'. Theolon. stallag. auxiliis et aliis custumis quibus"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, si "le gardein de lesteinery puisse tenir plee inter estyeinor & forreyn de "querele sourdante aillours que en les lieux ou ils sont overantz desicome 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 tinners 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 nor 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 neighbours 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 stannaries 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 miserably 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: None but tinners to be sued; unless byworking tinners. IV. Be it therefore enacted by his Majesty, and the Lords Spiritual The former de and Temporal, and the Commons, in this present Parliament assembled, clarations conThat 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 that shall be sued in the said stannaries, shall swear or tender his or their oath in the said court where he or they shall be sued, that he or they are not, nor is, nor at time of the suit commenced was not, nor were a tinner or tinners, then such defendant or defendants shall be forthwith discharged of such suit, unless that the plaintiff or plaintiffs 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 suit 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 tinner, 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: Provided that such action be brought within two years next after the action or suit brought in the said stannary courts, or before the said warden, vice-warden, or steward. V. And be it declared and enacted, That in all cases where the plaintiff or defendant, plaintiffs or defendants, are to have costs by the laws or statutes of this realm, there also the said plaintiffs and defendants shall have the like costs in the stannary courts: And in regard that the said charters were granted for the ease and advantage of the tinners, and not for their disadvantage or oppression, and yet divers of them who, for special reasons, have desired to sue at the common law, have been restrained: VI. Be it declared and enacted, That it shall be lawful to and for the said tinners, if they think fit, to sue any foreigners at the common law; the said charter or any usage to the contrary notwithstanding. VII. And whereas the bailiffs of the said stannary courts are very ' numerous, and are persons of small or no credit; and yet upon their ' return that any person is become surety for any other upon arrest by 'process out of the said courts, such person who sometimes knows nothing of the matter, is by false returns of the said bailiffs, made liable to the debt or demand, which bailiffs, by reason of their poverty, are often not responsible, and so the party without re'medy :' VIII. Be it enacted, That no person or persons be charged or troubled at surety by any return of any bailiff or bailiffs of the said stannaries, unless that the person or persons returned surety or sureties shall in the presence of two witnesses subscribe or sign a note in writing, that such person or persons is or are become surety or sureties; which note shall mention the names of the plaintiffs and defendants in the suit, and the sum or damages in demand, and the nature of the action, and shall be signed or subscribed by the said witnesses, and returned and filed in the court out of which such process shall issue, and no bailiff or bailiffs of the said stannaries shall be admitted as witnesses to any such note. IX. And whereas in the said stannaries it is used, that if the bailiffs return any person arrested, that if such person make default at the day, he shall be condemned, and execution is suddenly awarded, when as often the party was not arrested:' X. Be it further enacted, That no defendant shall be condemned upon such return for not appearing, unless also a note under the hand or sign of the party arrested, and subscribed by two such witnesses as aforesaid, be returned into the said court at or before the day of appearance; And the said bailiff or bailiffs shall take but fourpence for every such note as aforesaid; and it is provided, that none shall be bailed upon arrest there, till he give such note. 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 Commissioners of Sewers for the City of London the same Powers as the Commissioners of Sewers for Counties have: and to oblige Collectors for the Sewers to ac count. [No. XIX. a.] 7 Anne, c. 10.-An Act for rendering more effectual the laws concerning Commissions of Sewers. THEREAS by the laws now in force concerning commissions of sewers, It is provided, That if any person or persons being assessed or taxed to any lot or charge for any lands, tenements or here 7 Anne, c. 10. WH |