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FOR the greater ease and benefit of the inhabitants within the county
at Westminster, in the taking of affidavits in the country, to be made
II. Provided, That for the taking of every such affidavit the person or
[ No. XXXVII.) 19 Charles II. c. 5.-An Act extend
ing a former Act concerning Replevins and Avowries,
[This Act at length, post.-See first Class.]
[ No. XXXVIII. ] 1 William and Mary, sess. 1. c. 27.
An Act for taking away the Court holden before the
President and Council of the Marches, of Wales. Wm.& Mary, WHEREAS by the statute made in the thirty-fourth and thirty-fifth 34 & 35. H. 8. • ordinances in the King's Majesty's dominion and principality of c. 26.
• Wales," it is enacted, that there shall be and remain a president and
council in the said dominion and principality of Wales, and the
which president and council shall have power and authority to he
to be an intolerable burthen to the subject within the said principality,
right of the subject and the means to introduce an arbitrary power and government; and forasmuch as all matters examinable or determinable, • or pretended to be examinable or determinable, before the said court of president and coupcil, may have their proper redress in the ordinary
course of justice, provided and settled in the several shires within
• the said principality and dominion: For remedy whereof,
Parliament assembled, and by the authority of the same, That the before
fifth year of King Henry the Eighth, shall be, and is hereby repealed : No. And ihat the said court, commonly called the court before the president XXXVIII. and council in the marches of Wales, and all jurisdiction, power, and i w. & M. authority, belonging unto, or exercised in the same court, or by any the judges, officers, or ministers thereof, be clearly and absolutely dis- sess. 1. c. 27. solsed, taken away and determined.
III. And be it hereby further enacted by the authority aforesaid, Sheriffs in That the justices of the great sessions in Wales respectively for the time Wales how being, shall yearly nominate three substantial persons for each shire in chosen. their respective circuits, to be sheriffs of the same, and shall certify their names to the lords of the most honourable privy council crastino animarum, to the intent the King's and Queen's Majesties, and the survivor of them, and their successors, being thereof advertised, may appoint one of the persons so certified in every of the said shires to be sheriff for that year.
IV. And be it further enacted, That all errors in pleas personal within Errors in pleas the said principality or dominion of Wales, shall be redressed by writ of personal. error, in the same manner as errors in pleas real and inixed are appointed to be redressed by the said statute, made in the thirty-fourth and thirtyfifth year of King Henry the Eighth.
V. Provided always, That no judgments nor decrees passed in the Commencesaid court before the first day of June, One thousand six hundred eighty- ment of the Act. dine, shall be by this Act repealed or annulled, but all and every of them The Courts at shall remain in the same force, and all executions upon them in the same Westminster state, in which they were before the making of this Act; any thing in may award exethis Act contained to the contrary notwithstanding.
cution on these judgments, &c. by 9 & 10 W.3.
c. 16. [ No. XXXIX. ] 11 and 12 William III. c. 9.–An Act
for preventing of frivolous and vexatious Suits in the
Principality of Wales, and the Counties Palatine. :WH HEREAS by a clause in an Act made in the twenty-second and 11 & 12 W. III.
twenty-third years of King Charles the Second, intituled, “ An • Act for laying impositions on proceedings at law,” it is enacted, 'That in 22 & 23 Car. 2. • all actions of trespass, assault and battery, and other personal actions, c. 9, s. 136. • the plaintiff in such actions, in case the jury shall find the damages to • be under the value of forty shillings, shall not recover or obtain more • costs of suit than the damages so found shall amount unto; which • clause having reference to an Act made in the forty-third year of Queen 43 Eliz. c. 6. • Elizabeth, for avoiding infinite numbers of small and triling suits commenced in the courts at Westminster, hath been understood to relate Clause in 22 & only to the said courts ;' Be it therefore enacted by the King's most ex. 23 C. 2. c.9. to cellent Majesty, by and with the advice and consent of the Lords Spiritual cxtend to the and Temporal, and Commons, in this present Parliament assembled, and courts of great
sessions for by the authority of the same, That as well the said clause, and all the
Wales, Chespowers and provisions thereby, or by any other law now in force, made for prevention of frivolous and vexatious suits in law commenced in the courts at Westminster, shall, from and after the first day of May, which shall be in the year of our Lord One thousand seven hundred, be extended to, and be of the same force and efficacy in all such suits to be commenced or prosecuted in the court of great sessions for the principality of Wales, the court of great sessions for the county palatine of Chesier, the Court of Common Pleas for the county palatine of Lancaster, and the court of pleas for the county palatine of Durham, as fully and as amply, as if the said courts had been mentioned therein.
• II. And whereas the holding of persons inhabiting within the said No sheriff, &c. • principality of Wales, and counties palatine, to special bail in small in Wales, &c.
actions, is oppressive and vexatious to the subject:' For remedy shall hold per: whereof, Be it further enacted by the authority aforesaid, That no sheriff sons to special or other officer within the said principality or counties palatine, upon
bail, unless any writ or process issuing out of any of his Majesty's courts of record cause of action
No. XXXIX. 11&12W.III
at Westminster, shall hold any person to special bail, unless an affidavit be first made in writing, and filed in that court, out of which such writ or process is to issue, signifying the cause of action, and that the saine is twenty pounds and upwards ; and where the cause of action is twenty pounds and upwards, bail shall not be taken for more than the sum expressed in such affidavit.
4 Anne, c. 16. Act to extend to all suits for the King's debts, &c.
[ No. XL. ). 4 Anne, c. 16.-An Act for the Amend
ment of the Law, and the better Advancement of Justice.
[Given at length Vol. I.] xxiv. A
from and after the said first day of Trinity term, this Act, and all the statutes of jeofails, shall extend to all suits in any of her Majesty's courts of record at Westminster, for recovery of any debl immediately owing, or any revenue belonging to her Majesty, ber heirs or successors : and shall also extend to all courts of record in the counties palatine of Lancaster, Chester, and Durham, and the principality of Wales, and to all other courts of record within the kingdom.
P [ No. XLI.) 8 George I. c. 25.-An Act for supplying
some defects in the Statute of the Twenty-third of King Henry the Eighth, intituled, “ An Act for obligations to be taken by two Chief Justices, the Mayor of the Staple, and the Recorder of London, and for setting down the time of signing Judgments in the Principality of Wales and Counties Palatine.
[The former part of this supra.] 8 Geo. I. c. 25. «vi. A
ND whereas the provision which by an Act of Parliament made
in the twenty-ninth year of the reign of King Charles the Se29 Car. 2. c.
• cond, intituled, “ An Act for preventing of frauds and perjuries,” 3. 8. 14.
made for setting down the day of the month and year of signing * judgments in his Majesty's courts of Westminster, hath proved very beneficial to purchasers, but hath not yet been extended to the courts
of the principality of Wales, or of the counties palatine:' Be it there
fore enacted by the authority aforesaid, That from and after the twentyHow judgment fourth day of June, One thousand seven hundred and twenty-two, ang shall be signed judge or officer of any of the courts of Great Session in the princi-. in thcCourts of pality of Wales, or courts of session in the counties palatine of Chester, the Grand Ses
Lancaster and Durham, that shall sign any judgments, shall at the signsions in Wales, and in the
ing the same, without fee for doing the same, set down the day of the courts of ses
month and ycar of his so doing, upon the paper, book, docket or resions in the cord which he shall sign, which day of the month and year shall be counties pala- also entered upon the margent of the roll of the record where the said tine, and from judgment shall be entered, and that such judgments, as against purwhat time they chasers bona fide for valuable consideration of lands, tenements or heshall rclate. reditaments to be charged thereby, shall in consideration of law be
judgments only from such times as they shall be so signed, and shall not relate to the first day of the session whereof they are entered, or the day of the return of the original or filing the bail; any law, usage, or course of any court to the contrary notwithstanding.
[ No. XLII. 1 6 George II. c. 14.-An Act for the
more effectual preventing frivolous and vexatious Arrests, and for the more easy Recovery of Debts and Damages, in the Courts of Great Sessions in the Principality of Wales, and in the Court of Assize in the County Pa. No. XLII. latine of Chester, and for the obviating a Doubt which 6 George II. has arisen upon an Act made in the Fourth Year of c. 11. 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, so far as the same Act doth or may relate to the Courts of Justice holden within the said Princi. pality, and for explaining and amending the said Act. HEREAS in and by an Act made in the fifth year of his present 6 Geo. II. c. 14.
Majesty's reign, intituled, “ An Act to explain, amend and ren- 5 Geo. 2. c. 7. der 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 12 Geo. 1. c. 29.
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 pro
ceedings 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 retura * 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 In personal acall such personal actions where the debt or damages as aforesaid, tions under 101. shall not amount to the sum of ten pounds, to be commenced in the an original writ said courts of Great Sessions and assize, and where the plaintiff or
and service,&c. plaintiffs, in such action or actions, shall sue out an original writ or process, and serve the defendant or defendants 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, and in case the said defendant or defendants, shall not ap- anddefendant's pear at the return of the said original writ or process, or at or before non-appearthe said third court, that then it shall and may be lawful to and for ance at the the plaintiff or plaintiffs, or his or their attorney, upon affidavit being third court. 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 Plaintiff, &c. court, and for the filing whereof there shall be paid the sum of one on afidavit of shilling to the proper officer, and no more) to enter an appearance for service,mayensuch defendant or defendants, and to proceed thereon as if the defend- ter appearance ant or defendants had entered his, her, or their appearance to such ac
for him. tion 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, 5s. only for cotake, charge or demand more than the sum of five shillings for the py and service, 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 6 George II. '
• fourth year of his present Majesty's reign, intituled, “ An Act that all
* proceedings in courts of justice within that part ofGreat Britain called c. 14.
• 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 4 Geo. 2. c. 26. being therein mentioned:' For the removing and obviating of such extended to doubts, Be it further enacted, and it is hereby declared, That the said Wales. 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 a manner as if the said courts of Great Sessions, and the said other courts in the said principality had been particularly mentioned and ex
pressed in the said Act. Penalties for
IV. And it is hereby further enacted, That where any person or peroffences there sons shall offend against the said last mentioned Act in the said courts against the said of Great Sessions, or the said other courts in Wales, that the penalty Act, where to expressed in the said Act to be forfeited and paid for such offence, be recovered. shall and may be sued for and recovered by such person who shall sue
for the same, by action of debt, bill, plaint or information, either in any of bis 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 saine 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, fiues and recoveries, and all proceedings relating thereunto, and all proceedipgs 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 comNo penalty to monly used in the English language, and that no penalty or punishbe incurred for ment shall be incurred, by virtue of the said recited'Act, for any other abbreviations, offence than for writing or printing any of the proceedings, or other nor technical
the matters and things abovementioned, in any hand commonly called terms, &c.
court hand, or in any language except the English language; nor shall any such penalty or punishment be extended to the expressing the 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 Prosecutions hand commonly called couri hand; and that all prosecutions for of: within three
fences against the said Act shall be commenced within three months af. months.
ter the same shall be committed; and that the several officers in the se
veral offices of the King's and the lord treasurer's remembrancer, and Process of the in the offices of the clerk of the pipe, and the clerk of estreats in pipe office, &c. his Majesty's Court of Exchequer, shall and may write and send out, in
be as formerly.
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