· Scotland, shall be in the English Language," so far No. XX. as the same doth or may relate to the Court of the 6 George II. Receipt of his Majesty's Exchequer, or to any Mem bers or Branches thereof. c. 6... WHEREAS by an Act made in the fourth year of his Majesty's 6 Geo. II. c. 6. reign, intituled, "An Act that all proceedings in the courts of justice within that part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English language," it is amongst other things enacted, That from and after the twenty-fifth day ' of March, One thousand seven hundred and thirty-three, all writs, pro'cess and returns thereof, and proceedings thereon, and all pleadings, 'rules, orders, indictments, informations, inquisitions, presentments, verdicts, prohibitions, certificates, and all patents, charters, pardons, ⚫ commissions, records, judgments, statutes, recognizances, bonds, rolls, ' entries, fines and recoveries, and all proceedings relating thereunto, and all proceedings of courts leet, courts baron and customary courts, and all copies thereof, and all proceedings whatsoever in any courts of justice within that part of Great Britain called England, and in the Court of Exchequer in Scotland, and which concern the law and administration of justice, shall be in the English tongue and language only, ⚫ and not in Latin or French, or any other tongue or language whatsoever, and shall be written in such a common legible hand and charac⚫ter as the Acts of Parliament are usually ingrossed in, and the lines and words of the same to be written at least as close as the said Acts usually are, and not in any hand commonly called Court Hand, and in words at length and not abbreviated: And whereas a doubt may arise, whether the proceedings in the court of the receipt of his Majesty's Exchequer are or may be comprehended or included within the said Act, or any general words therein contained; For obviating the said doubts, Be it declared and enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the said Act, or any thing therein contained, shall not extend, or be construed, deemed or taken to extend to the said court of the receipt of his Majesty's Exchequer, or to any proceedings therein, or to any members or branches thereof. II. And be it further enacted by the authority aforesaid, That the said court of receipt and the several members thereof, and their under officers, deputies and clerks, shall carry on the business to them severally and respectively belonging and appertaining, according to the usual course and ancient method and practice, and in like manner as if the said Act had never been made; any thing therein to the contrary thereof in any wise notwithstanding. [No. XXI. ] 6 George II. c. 14.-An Act for the more The Act 4 Geo. the Court of the said court to be carried on according to the ancient method. No. XXI. 6 George II. c. 14. 6 Geo. II. c. 14. 5 Geo. 2. c. 7. W WHEREAS in and by an Act made in the fifth year of his present Majesty's reign, intituled, "An Act to explain, amend and render more effectual an Act made in the twelfth year of the reign of his late Majesty King George the First, intituled, An Act to prevent vexatious arrests,"" it is (inter alia) enacted, That where the cause of action should not amount to the sum of ten pounds or upwards, in any superior court, the writ, process, declaration and all other 12 Geo. 1. c. 29. . proceedings should be in the English tongue, and written in words at length, in a common legible hand and character, and the defendant or ⚫ defendants in such cases (a copy of such process in English having been served, as by the said Act is directed) shall appear at the return thereof, or within eight days after such return: And whereas the courts of Great Sessions in the principality of Wales, and the court of assize in the county palatine of Chester, are held only for and during the space of six days,' Therefore for the more effectual and speedy determination of all actions personal, to be commenced in the said courts of Great Sessions, and the said court of assize respectively, where the debt or damages expressed in the said process, or declared for, do not amount to the sum of ten pounds, Be it enacted therefore by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That in all such personal actions where the debt or damages as aforesaid, shall not of Great Sessions and assize, and where the plaintiff or plaintiffs, in amount to the sum of ten pounds, to be commenced in the said courts such action or actions, shall sue out an original writ or process, and serve the defendant or defendauts with a true copy thereof, by a literate person, at least eight days before the commencement of the said courts of Great Sessions and assize respectively, and shall cause on every copy of such process to be written the notice in the said Act specified and directed, the defendant or defendants in such cases shall appear at the return of such original writ or process, or at or before the third court to be held in the same respective courts of Great Sessions and assize, anddefendant's and in case the said defendant or defendants shall not appear at the In personal actions under 107. on original writ and service, &c. non-appearance at the third court, plaintiff, &c. on affidavit of service, may enter appearance for him. 5s. only for copy and service. 4 Geo. 2. c. 26. extended to Wales. return of the said original writ or process, or at or before the said third court, that then it shall and may be lawful to and for the plaintiff or plaintiffs, or his or their attorney, upon affidavit being made and filed in the proper court, of the personal service of such writ or process as aforesaid (which said affidavit shall be filed in the said court, and for the filing where of there shall be paid the sum of one shilling to the proper officer, and no more,) to enter an appearance for such defendant or defendants, and to proceed thereon as if the defendant or defenants had entered his, her, or their appearance to such action or actions; any law or usage in the said courts of Great Sessions or of assize to the contrary notwithstanding. II. Provided always, no attorney, bailiff, or other person, shall have, take, charge, or demand more than the sum of five shillings for the making and serving a copy of such original writ or process issuing out of such courts of Great Sessions or of assize, on such defendant or defendants respectively as aforesaid. III. And whereas doubts have arisen whether an Act made in the fourth year of his present Majesty's reign, intituled, "An Act that all proceedings in courts of justice within that part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English language," doth extend to the said courts of Great Sessions and other courts in the principality of Wales, the said courts of Great Sessions, and the said other courts in the said principality, not being therein mentioned; For the removing and obviating of such doubts, Be it further enacted, and it is hereby declared, That the said last mentioned Act, and all clauses and directions therein, shall be deemed and taken, and is and are hereby directed to be deemed and taken, to extend to the said courts of Great Sessions, and all other courts within the said principality of Wales, in as large, ample and beneficial manner as if the said courts of Great Sessions, and the said other No. XXI. courts in the said principality had been particularly mentioned and 6 George II. expressed in the said Act. c. 14. Penalties for offences there IV. And it is hereby further enacted, That where any person or persons shall offend against the said last mentioned Act in the said courts of Great Sessions, or the said other courts in Wales, that the penalty expressed in the said Act to be forfeited and paid for such against the said offence, shall and may be sued for and recovered by such person who Act, where to shall sue for the same, by action of debt, bill, plaint, or information, be recovered. either in any of his Majesty's courts of record in Westminster, as by the said Act is directed, or in the court of Great Sessions held for the county where the same offence shall be committed, wherein no essoign, protection, or wager of law, or more than one imparlance shall be allowed. V. And be it further enacted by the authority aforesaid, That all writs, process, and returns thereof, and proceedings thereon, and all pleadings, rules, orders, indictments, informations, inquisitions, presentments, verdicts, prohibitions, certificates, patents, charters, pardons, commissions, records, judgments, statutes, recognizances, bonds, rolls, entries, fines, and recoveries, and all proceedings relating thereunto, and all proceedings of courts leet, courts baron, and customary courts, and all copies thereof, and all proceedings whatsoever, in any courts of justice within England, Wales, and the town of Berwick-upon-Tweed, and in the Court of Exchequer in Scotland, and which concern the law and administration of justice, may from and after the twenty-fifth day of March, One thousand seven hundred and thirty-three, be written or printed in a common legible hand and character, and with the like way of writing or printing, and with the like manner of expressing numbers by figures, as have been heretofore or are now commonly used in the said courts respectively, and with such abbreviations as are now commonly used in the English language, and that no penalty or punishment No penalty to shall be incurred, by virtue of the said recited Act, for any other be incurred for offence than for writing or printing any of the proceedings, or other abbreviations, the matters and things abovementioned, in any hand commonly called Court Hand, or in any language, except the English language; nor shall nor technical any such penalty or punishment be extended to the expressing the terms, &c. proper or known names of writs or other process or technical words in the same language as hath been commonly used, so as the same be written or printed in a common legible hand and character, and not in any hand commonly called Court Hand; and that all prosecutions for Prosecutions offences against the said Act shall be commenced within three months within three after the same shall be cominitted; and that the several officers in the months. several offices of the King's and the Lord Treasurer's Remembrancer, and in the offices of the Clerk of the Pipe, and the clerk of estreats in his Majesty's Court of Exchequer, shall and may write and send out, in process for his Majesty's service, rolls or schedules of all such debts as have been forfeited and became due and owing to his said Majesty, before the said twenty-fifth day of March, One thousand seven hundred and thirty-three, in the same manner they used to do, provided the writ or process to be annexed to the said rolls or schedules shall be in the English tongue, and in a common legible hand, and according to the direction of the said recited Act; any thing in the said Act made in the fourth year of his present Majesty's reign, or any other law or statute to the contrary thereof in anywise notwithstanding. [ No. XXII. ] 14 George II. c. 17.-An Act to prevent Inconveniences arising from Delays of Causes after Issue joined. W Process of the pipe office, &c. may be issued as formerly. HEREAS many great inconveniences have arisen to the subjects 14 Geo.II.c. 17. of this kingdom by means of delaying the trials of causes be- Preamble. No. XXII. 14George II. c. 17. On the plaintiff's neglect to bring on an issue to trial, the court may give judgment as in case of nonsuit. Judgmentgiven by this Act to have the like force as judg ments on nonsuit. Defendant on to have costs. 'tween party and party after issue joined;' For remedy whereof, may it please your most excellent Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That where any issue is or shall be joined in any action or suit at law (1) in any of his Majesty's Courts of Record at Westminster, the Court of Great Session for the Principality of Wales, the Court of Great Session for the County Palatine of Chester, the Court of Common Pleas for the County Palatine of Lancaster, or the Court of Pleas for the County Palatine of Durham, and the plaintiff or plaintiffs in any such action or suit hath or have neglected, or shall neglect, to bring such issue on to be tried according to the course and practice of the said courts respectively, (2) it shall and may be lawful for the judge or judges of the said courts respectively, at any time after such neglect, upon motion made in open court (due notice having been given thereof) (3) to give the like judgment for the defendant or defendants in every such action or suit, as in cases of nonsuit, unless the said judge or judges shall upon just cause (4) and reasonable terms allow any further time or times for the trial of such issue; and if the plaintiff or plaintiffs shall neglect to try such issue within the time or times so allowed, then, and in every such case, the said judge or judges shall proceed to give such judgment as aforesaid. II. Provided always, and be it enacted by the authority aforesaid, such judgment That all judgments given by virtue of this Act shall be of the like force and effect as judgments upon nonsuit, (5) and of no other force or effect. III. Provided also, That the defendant or defendants shall upon such judgment be awarded his, her or their costs, in any action or suit where he, she, or they would upon nonsuit be entitled to the same, and in no other action or suit whatsoever. (6) Defendant living 40 miles off shall have ten days' notice of trial. IV. And be it further enacted by the authority aforesaid, That from and after the first day of May One thousand seven hundred and fortyone, no indictment, information, or cause whatsoever shall be tried at (1) The Act extends to actions brought by executors; Howard v. Rutborne, Willes 316: to qui tam actions; Watson v. Jackson, 1 Wils. 325; Stone v. Farey, 1 E. 554 to the traverse of the return to a mandamus; Wigan v. Holmes, Sayer, 110; R. v. Mayor of Stafford, 4 T. R. 689 : not to replevin, in which either party may carry down the record; Eggletin v. Swart, 1 Bl. Rep. 375. (2) Where the plaintiff has once carried down the cause for trial, the defendant cannot have judgment, as in case of a nonsuit, for not carrying it down again; as, where the plaintiff was nonsuited, and the nonsuit set aside; King v. Pippett, 1 T. R. 492: where the cause was made a remanet; Mewburn v. Langley, 3. T. R. 1: where a new trial had been granted; Porzelius v. Maddocks, 1 H. B. 101. There may be such judgment where the plaintiff withdraws his record, after entering it for trial; Burton v. Harrison, 1 E. 346. (3) In the King's Bench the rule to shew cause has been held a sufficient notice; Loft, 265 but in Gooch v. Pearson, 1 H. B. 528, where the rule had been set aside on a peremptory undertaking, it was held by the C. B. that notice must be given of a motion for judgment, for not proceeding to trial pursuant to such undertaking, although notice had been given of the former motion. (4) In Mallet v. Hilton, 2 H. B. it was laid down by the Court of C. B., that a peremptory undertaking should be sufficient in case of a first default. The Court of King's Bench requires an affidavit of excuse; but a very slight excuse is sufficient, even in case of a qui tam action; Stone v. Farey, 1 E. 554. The insolvency of the plaintiff is a sufficient cause, and a peremptory undertaking, under the circumstances, was not required; Fisher v. Hancock; 36 Geo. III., Tidd's Practice, c. 34. The insolvency of the defendant; Bailey v. Wilkinson, Doug. 671: but the court in this case will make the plaintiff give a peremptory undertaking, or consent to a stet processus; Tidd, ibid.: the refusal of a broker, who had negotiated an illegal contract, to give evidence, although his liability to procedure would extend beyond the time at which the plaintiff would be bound to try in pursuance of his undertaking; Raynes v. Spicer, 7 T. R. 178. The court will not open the matter after the rule has been discharged upon affidavit, falsifying the affidavit of excuse; Davies v. Cottle, 3 T. R. 405. (5) Such judgment cannot be given in favour of one defendant, where another has suffered judgment by default; as in such case there could not be any nonsuit; Weller v. Goyton, 1 Bur. 358; Gosse v. Macauley and others, Tidd's Practice, ch. 34. (6) No costs therefore can be given in a judgment, as in case of a nonsuit, against an executor; Willes, 316. nisi prius before any judge or justices of assise or nisi prius, or at the sittings in London or Westminster, where the defendant or defendants reside above forty miles from the said cities respectively, unless notice of trial in writing has been given at least ten days before such intended trial. V. And be it further enacted by the authority aforesaid, That in case any party or parties shall have given such notice of trial as aforesaid, and shall not afterwards duly countermand the same in writing, at least six days before such intended trial, every such party shall be obliged to pay unto the party or parties to whom such notice of trial shall have been given as aforesaid, the like costs and charges as if such notice of trial had not been countermanded. No. XXII. 14George II. c. 17. Notice of trial may be countermanded six days before the trial intended. |