Stannaries Act 1855

XV Ejectment in the Stannaries.

It shall be lawful for the Vice-Warden to entertain Jurisdiction in Suits for Recovery of the Possession of Mines within the Stannaries, and of Buildings, Machinery, Works, and Waters annexed thereto and occupied therewith, on the Ground of Breach of Condition, Determination of the Sett or Lease, or other lawful or customary Cause of Forfeiture, and also to prohibit the working of any Mine in a Manner contrary to Custom or Covenant by Injunction in Cases and under Circumstances in which the High Court of Chancery or the Courts of Common Law at Westminster may now by Law enjoin ; and the Suit for Recovery of Possession shall be by Action of Ejectment on the Common Law Side of the Court, according to the Forms and Procedure established by the Common Law Procedure Act, 1852, so far as they are or can be made applicable to the Vice-Warden's Court; and it shall be lawful for the Vice-Warden to cause all necessary Writs to be served on the Persons in possession or entitled to defend, wheresoever they may then be in England or Wales, and to adopt any of the General Rules and Orders of the said Superior Courts promulgated from Time to Time and applicable to the Action of Ejectment with such Variations as the Nature and Constitution of the Court shall render necessary; and all Constables and Peace Officers within their several Jurisdictions shall be aiding the Bailiffs of the Court in the Execution of the Writ or Writs awarded for Recovery of the Possession and Costs, and in enforcing Process of Attachment in the Case of Breach of Injunction ; provided that nothing herein contained shall authorize the Vice-Warden to entertain any Question touching the Freehold or Inheritance of any Person except by such Consent and as between and against such Parties as aforesaid.