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Stannaries Court Act 1640
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V.Execution sometimes had before Arrest.
No Defendant condemned on Bailiffs Return, unless on a Note subscribed by Party.; No Bail, unless Note given.
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. Be it further enacted That no Defendant shall be condemned upon such Return for not appearing unlesse alsoe a Note under the Hand or Signe of the partie 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 Bailiffe or Bailiffs shall take but foure pence for every such Note as aforesaid and it is provided that none shall be bailed upon arrest there till he give such Note.
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