Stannaries Court Act 1640

IV. Abuses by Poor Bailiffs in the Stannaries recited.

How Sureties may be sued.

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 Proces out of the said Courts such person who sometimes knowes nothing of the matter is by false Returns of the said Bayliffes made lyable to the debt or demand which Bailiffes by reason of theire poverty are often not responsible and so the party without remedie Be it Enacted That no Person or Persons be charged or troubled as surety by any Return of any Bayliffe or Bailiffes of the said Stannaries unlesse that the person or persons returned Surety or Sureties shall in the presence of two witnesses subscribe or signe a Note in writing that such person or persons is or are become Surety or Sureties which Note shall mention the names of the Plaintiffes and Defendants in the Suit and the sum or dammages 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 Processe shall issue and no Bailiffe or Bailiffs of the said Stannaries shall be admitted as witnesses to any such Note.