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Jurisdiction of the Stannary Court Amendment.

have Power to hear and determine the same : And it shall be lawful for the Lord Warden to remit a Cause pending before him on Appeal at once for the Determination of the said Judicial Committee, without pronouncing any previous Judgment thereon : Provided that no Appeal shall be allowed in any Case where the Debt or Damages sought to be recovered shall not exceed Twenty Pounds and where no Question of Jurisdiction or of the Custom of Mining or Miners shall have arisen in the Court below, nor shall any Appeal operate to stay Proceeding or be allowed, unless the Party appellant shall notify in Writing to the Registrar, within Thirty Days after Notice of the Decree, Order, or Judgment appealed against, his Intention to prosecute an Appeal, and shall then give or offer to give Security by Bond to the Registrar to prosecute the same within a Time prefixed by the Court, and to abide by and perform the final Order and Award of the Court of Appeal, which Bond shall not require to be stamped ; and it shall be lawful for the Lord Warden, with the Approval of Two or more Members of the Judicial Committee of the Privy Council or Judges of the High Court of Chancery or of the Superior Courts of Common Law, from Time to Time, to make any

General Rules and Orders for regulating the Practice, Fees, and Costs on Appeals pending before him, not inconsistent with the Provisions of this Act.

XXVII. The Penalties incurred by the Head Manager of any As to levying Mine by reason of his Omission to make such Returns of Metals and Application

of Fines. and Minerals, or the Value thereof, or such Payments in respect thereof as he is now required by Law to make, shall be assessed and imposed by the Vice-Warden ; and such Penalties and all Fines and Penalties lawfully imposed and levied by Authority of the Vice-Warden for any Default or Non-attendance of Jurors, Misdemeanor of Bailiffs or other Officers, Contempt of Court, or other Cause whatsoever, shall be paid to the Registrar of the Court, and form Part of the Fund for Payment of Expenses and Salaries, and such Fines and Penalties shall be levied within the Stannaries by Fieri facias issued by Order of the Vice-Warden, on Complaint of the Registrar, and Summons, and Hearing in a summary Way; and if the Offender be not found wi in the Stannaries, shall be levied on like Summons and Ilearing, or Default of Appearance, in the Manner herein-before provided for enforcing Execution of Judgments on the Common Law Side of the Court.

XXVIII. · And whereas by the Tenth Section of an Act Punishment · passed in the Parliament holden in the Second and Third Years of Frauds by of the Reign of Her present Majesty, Chapter Fifty-eight, it was

Miners in • enacted, that certain Frauds committed by Workmen in Mines

Devonshire. • in the County of Cornwall should be deemed Felonies, and should

be punished as in Cases of Simple Larceny: And whereas it is • desirable that that Enactment should be extended to the County

of Decon: Be it therefore enacted, That for the Prosecution and Punishment of Frauds in Mines by idle and dishonest Workmen removing or concealing Ore for the Purpose of obtaining more Wages than are of Right due to them, and thereby defrauding the Adventurers in or Proprietors of such Mines, or the honest


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Jurisdiction of the Stannary Court Amendment.

and industrious Workmen therein, if any Person or Persons employed in or about any Mine within the County of Devon shall take, remove, or conceal the Ore of any Metal, or any Lapis Calaminaris, Manganese, Mundick, or other Mineral found or being in such Mine, with Intent to defraud the Proprietor or Proprietors of or Adventurer or Adventurers in such Mine, or any One or more of them respectively, or any Workman or Miner employed therein, then and in every such Case respectively such Person or Persons so offending shall be deemed and taken to be guilty of Felony, and being convicted thereof shall be liable to be

punished in the same Manner as in the Case of Simple Larceny. Vice-Warden XXIX. The Vice-Warden of the Stannaries for the Time being to be qualified whose Name shall or may be inserted in any Commission of the to act as a

Peace for the County of Cornwall shall be qualified to act in the Justice of the Peace in the

Execution of the Office of Justice of the Peace for the said County, County, although he may not have such Qualification by Estate

or Interest in Lands, Tenements, or Hereditaments as is now enjoined by Law in the Case of other like Justices; provided that he be not disqualified to act for any other Cause or upon any other Occasion than in respect of the Want of such Estate or

Interest. Parts of Acts XXX. The following Parts and Provisions of the Act passed in repealed. the Session of Parliament holden in the Sixth and Seventh Years

of the Reign of King William the Fourth, Chapter One hundred and six, shall be and the same are hereby repealed ; that is to say, Sections Five, Eleven, and Fourteen, and so much of Section Seven as relates to Appeals, and the Words “Nisi prius” shall be considered as struck and omitted out of Section Eight : The following Parts and Provisions of the Act passed in the Session of Parliament holden in the Second and Third Years of the Reign of Her present Majesty, Chapter Fifty-eight, shall also be and the same are hereby repealed ; that is to say, Sections Three, Four, and Nine, and the Proviso in Section Two; but no Acts done or Rules or Orders made by Authority of the Provisions so repealed

shall be thereby affected or made void. Law Clerk of XXXI. “ Whereas it will be convenient that the Office of the the Duchy of • Duchy of Cornwall should be put on the same Footing as certain Cornwall to act - Public Offices in the Transaction of Law Business :' Be it Solicitor in all enacted, That whenever any Person shall be appointed by Ais Courts.

Royal Highness the Prince of Wales, or other the Personage for the Time being entitled to the Possessions of the Duchy of Cornwall, to act as Attorney or Solicitor in the Affairs of the said Duchy, it shall be lawful for such Person to act and practise as such Attorney or Solicitor in such Affairs in all and every Court, Jurisdiction, and Place in any and every Part of the United Kingdom, any Statute, Order, Rule, Usage, or Custom relating to Attornies or Solicitors, or the Admission, Inrolment, or Practice

of Attornies or Solicitors, to the contrary notwithstanding, Stannaries of XXXII. “And whereas it has been represented that the AdvenCornwall and turers, Miners, and others interested in Mines in the County of Devon to be

Devon would be benefited by the Extension of the Stannary Court united as to Jurisdiction. * Jurisdiction into that County, and are willing to be contributory

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Jurisdiction of the Stannary Court Amendment.

' to the Expenses of such Extension, in the Manner herein-after
• provided :' Be it therefore enacted as follows:- The Jurisdic-
tion of the Court of the Vice-Warden shall henceforth be extended
and exercised over the County of Devon, and over the Mines and
Miners therein, and the Process of the said Court, both at Common
Law and in Equity, shall run in and be executory throughout the
Counties of Devon and Cornwall, and the Forms and Customs of
Procedure as now lawfully used and exercised in the Stannaries
of Cornwall (subject nevertheless to such Amendments or Pro-
visions as are contained in or may be authorized by this Act, and
to all other lawful Rules and Orders of the Court,) shall hence-
forth be adopted, used, and enforced in and throughout the
Stannaries and County of Devon, and the Stannaries of the said
Two Counties shall be and become, for the Purposes of Stannary
Jurisdiction, One entire District, and the present and all future
Vice-Wardens of the Stannaries shall be Vice-Wardens of the
Stannaries of and for both Counties, and shall have therein all
the like Powers, Privileges, Authority, and Jurisdiction over and
in respect of Mines and Miners, and Causes touching the same,
in Devon as in Cornwall, and all Miners and others interested in
Mines in Devon shall have the Privilege to sue and be sued at
Law and in Equity in the Court of the Vice-Warden, and be
amenable to the said Court and Vice-Warden, as well by reason
of the Person as of the Cause, in like Cases and for like Causes
in and for which the Miners and others interested in Mines in
Cornuall now have such Privilege or are amenable to the said
Court and Vice-Warden : Provided always, that the Common
Law Jurisdiction of the Vice-Warden in respect of Causes of
Action arising in Devon shall not extend to or be exercised in the
County of Devon or to or over Miners therein, except in Causes
and in respect of Matters relating to Mines or the Products thereof
or Work connected therewith, or to the Working or Management
thereof, or the Supply of Materials, Money, or Necessaries, or
Performance of Work and Labour to, for, or in respect of such
Mines or Works, or relating to the Customs of Mining or Miners,
or to Shares or Interests in any Mine or Adventure in Mines.

XXXIII. · And whereas it will be convenient that Provision The Vice-War• should be made for periodical Sittings of the Court in Devon- den to sit in shire as well as in Cornwall :' Beitenacted, That if and when it Devonshire

when sufficient shall appear to the Council of His Royal Highness the Prince of

Funds shall be Wales, or the Special Commissioners for managing the Affairs of provided for the Duchy for the Time being, that the Revenue annually arising such Sitting. from the Assessment herein-after authorized on Mines in Devonshire will amount to the Sum of Three hundred and twenty Pounds at the least, over and above the Expense of Collection, the said Council or Commissioners shall have Power to direct that Sittings be held by the Vice-Warden in Devonshire, and thereupon the Vice-Warden shall so sit, either by Adjournment from Truro or otherwise, at least Four Times in each Year, as he has heretofore been accustomed to do in Cornwall, and he shall hold his Sittings either at Plymouth, Devonport, or Stonehouse, in the said County, as to him shall seem fit, subject to the Power of Adjournment in


Jurisdiction of the Stannary Court Amendment.

certain Cases, as herein-before provided, and for that Purpose shall have Authority to use and occupy the Public Halls of the said Boroughs, or some other convenient Building provided for such Sittings, at such convenient Times and in such Way as may not interfere with other necessary public Business usually transacted therein, and in that event the said Council or Commissioners shall direct in what Manner, and on what Conditions, Terms, and Tenure, Monies arising from such Assessment, or any Part thereof, shall be appropriated, either among the present Officers of the Court and their Successors, or to the Deputies who (with the Assent and Approval of the Vice-Warden) may be employed by such Officers to execute their Duties or any Part of their Duties, when the Court shall be sitting in Devonshire, or to new or additional Officers and Clerks, or towards the general Expenses of the Court, so as best to secure the due Performance of the additional Duties and increased Business occasioned by the Extension of the Jurisdiction, and to indemnify the present Officers of the Court for any Expenses to which they may be put by Attendance elsewhere than at Truro, and Payment shall be made according to such Appropriation, and it shall be competent for the Council or Commissioners, at the Recommendation of the Vice-Warden, to vary such Appropriation, having due Regard to the Exigencies of Business in the said Court, and the Amount of Funds applicable

to the Expenses thereof. Collector in XXXIV. There shall be a Collector of the Assessments in the Devonshire,

County of Devon, to be appointed by the Vice-Warden, with like Duties and Liabilities as in Cornwall, who shall receive for such Collection, out of the Monies so collected, an annual Sum not exceeding Thirty Pounds, and shall hold his Office at Will, and it shall be lawful for the Vice-Warden to appoint the same Person to be Collector in both Counties, and to appoint Bailiffs for Service and Execution of Process throughout the whole District of both

Stannaries. Jurors to be XXXV. All Jury Trials, whether in Actions, Suits, or Plaints, qualified as at on the Common Law Side of the Court, arising in the County of Assizes.

Devon, or in Issues from the Equity Side, shall be by Persons qualified to serve as Jurors before the Justices of Assize and Nisi Prius in the said County; and for making out Lists of such Jurors, and summoning them, the Vice-Warden shall have and execute the like Powers as in Cornwall; and the Persons so qualified to serve shall be liable to challenge, and amenable to the Process of

the said Court, and enjoy the same Exemptions in respect of their No Sittings in Attendance and Service as in the Stannaries of Cornwall: ProDevon till

vided nevertheless, that until the Vice-Warden shall receive the Duchy Council Directions of the said Council or Commissioners, as above proers shall direct. vided, to hold Sittings in the County of Devon, it shall not be

obligatory on him to hold any Sittings there, nor shall it be obligatory on Persons qualified to serve as Jurors in the Vice-Warden's Court in Devonshire to give their Attendance as such at any Court held by him in that County or elsewhere, nor shall any Cause arising in Devonshire, and pending before any County Court Judge there, be remitted for Trial or Hearing before the Vice


Jurisdiction of the Stannary Court Amendment.

Warden, as herein-before provided ; and in the meantime the said Council or Commissioners shall direct in what Manner and in what Proportions the Revenue arising from Fees and Assessments in respect of Causes and Mines in the County of Devon shall be applied towards Court or Office Expenses, or Payment of the present or additional Official Salaries.

XXXVI. And for the Purpose of providing for the Expenses Assessment of attendant upon the Extension of the Jurisdiction of the Court Mines and into Devon, there shall be an Assessment of a Farthing in the Minerals in

Devon. Pound on the Value of all Metals and Minerals in that County, as in Cornwall, and all the Enactments contained in this and any other Act of Parliament for obtaining and enforcing Returns, and levying and collecting the said Assessment, in Cornwall, shall be taken to apply to the like Assessment in Devon, and the Collector thereof shall account for all Monies received by him as in Cornwall, and such Assessment shall begin at the passing of this Act, and be collected for the First Time at the End of Three C'alendar Months next after the passing of this Act; provided, that whenever it shall appear to the Vice-Warden, on auditing the Registrar's Accounts, that there is a Balance in hand sufficient to meet all authorized Payments for the next Half Year, the like Notice thereof and Suspension of Assessment shall take place as in the Assessment in Cornwall ; and the Registrar of the Court shall keep a separate Account of all Fees and Monies coming into his Hands in respect of Causes and Matters arising in the County of Devon, and in respect of the Assessment of Metals and Minerals in that County, and shall render Accounts to the Vice-Warden as in Cornwall, and shall be allowed in his half-yearly Account, as well the additional Salaries and Sums lawfully chargeable thereon, as herein-before provided, as the reasonable and needful Expenses of advertising and holding Courts and summoning Jurors in the County of Devon (if any be held), and of lighting, warming, cleaning, watching, and keeping the Court, and an Office there (if any), and other like petty Expenses, as allowed in the County of Cornwall, and the Amounts so audited shall be filed, and be open for Inspection, as is now used in the said Court.

XXXVII. Persons committed to Prison by the Vice-Warden Commitment of in respect of Causes or Contempts in the County of Devon shall Prisoners in be comunitted and taken either to the County Gaol at Exeter or

Devonshire. the Borough Gaol of Plymouth or Devonport, as shall appear to the Vice-Warden most expedient in each Case, and shall be received, dealt with, maintained, supported, and provided for as if they bad been committed to those Prisons by like Process out of the Superior Courts of Law or Equity at Westminster, or by any Court of Civil Jurisdiction held in or for the Borough of Plymouth or Devonport.

XXXVIII, Whenever it shall hereafter appear that a sufficient Provision for Fund shall be provided in the Stannaries of Devon for the Esta- the eventual blishment of a permanent separate Court and a separate Office and

Establishment Officers in and for a Vice-Warden's Court in the County of Devon, Court in Devon

of a separate it shall be lawful for Her Majesty, by Order in Council, issued at shire. the Instance of the said Council of His Royal Highness, or the


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