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the English tongue, and in a common legible hand, and according to No. XLII. the direction of the said recited Act: any thing in the said Act made in 6 George II. the fourth year of his present Majesty's reign, or any other law or statute to the contrary thereof in any wise notwithstanding.
[ No. XLIII.] 6 George II. c. 37.–An Act for mak
ing perpetual the several Acts therein mentioned, for the better Regulation of Juries; and for empowering the Justices of Session or Assizes for the Counties Palatine of Chester, Lancaster, and Durham, to appoint a Special Jury in Manner therein mentioned; and for continuing the Act for regulating the Manufacture of Cloth in the West Riding of the County of York (except a Clause therein contained); and for continuing an Act for the more effectual punishing wicked and evil disposed Persons going armed in Disguise, and for other purposes therein mentioned ; and to prevent the cutting or breaking down the Bank of any River or any Sea Bank; and to prevent the malicious cutting of Hop-binds; and for continuing an Act made in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for preventing Theft and Rapine upon the Northern Borders of England ; and for reviving and continuing certain Clauses in two other Acts made for the same purpose.
(See Class IX. No. 63.]
[ No. XLIV.) 17 George II. c. 7.-An Ac for taking
and swearing affidavits to be made use of in any of the
Courts of the County Palatine of Lancaster. :W
HEREAS it hath been found inconvenient, That no person or 17 George II. persons is or are empowered to grant commissions for the tak,
c. 7. *ing and swearing of affidavits, to be read and made use of in the • Court of Chancery of and for the county palatine of Lancaster, and
in the courts of session held in and for the said county palatine be• fore his Majesty's justices, as well of pleas of the crown, as of Com• mon Pleas, and all manner of pleas whatsoever within the said county • palatine, in the several matters and causes depending in the said courts • respectively;' For remedy whereof, 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 the chancellor of the Chancellor of duchy, and county palatine of Lancaster, or his vice-chancellor of the the duchy may said county palatine, for the time being, shall and may, by one or more give commiscommission or commissions under the seal of the said county palatine, sions to take from time to time, as need shall require, empower what and as many
affidavits. persons as shall be thought fit and necessary to take and swear all and every such affidavit and affidavits, as any person or persons shall be willing and desirous to make before any of the persons so empowered, in or conceroing any cause, matter or thiog depending, or hereafter to be depending, or any wise concerning any of the proceedings to be in any of the said courts, as masters of Chancery in extraordinary do use to do; wbich said affidavits taken as aforesaid, shall be filed in the several and respective offices of the said courts the same do concern:
No. XLIV. and the same shall and may be read and made use of in the said re17 Geo. II. spective courts, to all intents and purposes, as other affidavits taken in c. 7.
the said courts now are ; and that all' and every affidavit and affidavits taken as aforesaid, shall be of the same force as affidavits taken in the said respective courts now are; and all and every person and persons forswearing him, her or themselves in such affidavit or affidavits, shall incur and be liable unto the same penalties, as if such affidavit or affidavits had been made and laken in open court: Which said commissions shall be made out by the cursitors of the said county palatine, upon a fiat or warrant from the said chancellor or vice-chancellor: and the said cursitors shall cause entries to be made in a book to be kept for that purpose, of the names of the persons to whom such commissions are from time to time granted, and the respective times wheu issued ; and the following fees shall be paid for each commission, and no
more; to wit, the sum of two shillings for the fiat or warrant, the Fees for taking sum of four shillings for making out the said commission, besides the commissions. King's duty, and the value of the parchment, and the sum of four
shillings for sealing the same; and every commissioner, or person so empowered, shall take and receive for the swearing of every affidavit be
fore him, the sum or fee of one shilling and no more. Proviso. II. Provided always, and it is hereby declared, That such officers of
the said courts respectively as have heretofore taken or sworn affidavits, shall and may continue so to do in the same manner as if this Act had not been made.
[ No. XLV. ] 20 George II. c. 42.-An Act to enforce
the Execution of an Act of this Session of Parliament, for granting to his Majesty several Rates and Duties upon Houses, Windows, or Lights.
[1. Commissioners who have omitted, empowered to meet and act at any other time.-Acts of the Commissioners confirmed.]
[II. Two Commissioners may appoint Assessors.- Persons neglecting to
appear, or take the Oaths, or serve the office, to pay 51.] 20 George II. 111. ANDit is hereby further declared and enacted by the authority aforec. 42.
said, That in all cases where the kingdom of England, or that Wales and Ber- part of Great Britain called England, hath been or shall be mentioned wick included. in any Act of Parliament, the same has been and shall from henceforth be
deemed and taken to comprehend and include the dominion of Wales, and town of Berwick-upon-Tweed.
[IV. Quakers appointed Assessors, to make and subscribe the Declaration of Fidelity.–Certificates verified upon Affirmation to be valid.]
22 George II.
[ No. XLVI. ] 22 George II. c. 46.-An Act to continue several Laws * * * * * * *
* * and for thę more frequent Return of Writs in the Counties Palatine of
Chester and Lancaster ; and for other purposes. *xxxv. WHEREAS all writs relating to actions depending in the
court of session of Chester, or in the Court of Common * Pleas, held in and for the county palatine of Lancaster, are returnable • at the Great Sessions and sessions of assizes held respectively for the • said counties, and at no other time, by which means no action that is
commenced in the said courts can be brought to issue, and tried, be'fore the next session or session of assizes but one after such action is ' commenced at the soonest, which is usually near a year, and a great
delay to the suitors of the said courts, and many other inconveniences do attend the want of more frequent returns of writs in the said
courts :' For remedy whereof, and for the greater ease and benefit of the suitors in the same, Be it further enacted by the authority aforesaid,
That from and after the twenty-ninth day of September, One thousand No. XLVI. seven hundred and forty-nine, all writs of capias, and other mesne 22 Geo. II. process, to answer relating to any action or suit, to be brought or commenced in the said courts of session for the said county of Chester, and Court of Common Pleas for the said county of Lancaster, that shall bear teste in the preceding session or sessions of assizes respectively, the returns of
Regulations in shall and may be made returnable before his Majesty's justices of the writs in the said sessions at Chester, or sessions of assizes for the county of Lancasler, court of session on the first Wednesday of any month in each of the two vacations of Chester, and ano ually, betwixt the said session or sessions of assizes, or at the first the court of day of the next session or sessions of assizes respectively, at the elec- Common Pleas tion of the plaintiff or plaintiffs, his, her, or their attorney, who shall of Lancaster. sue out the same; and that all such writs or process, which shall issue out of the said courts respectively, returnable in the vacations, as aforesaid, and whereon or wherewith the defendant or defendants shall be arrested or served with a copy or copies, such defendant or defendants shall appear and file special bail, or enter a common appearance, as the case shall require, on the day of such return, or within eight days next after ; and in case of neglect in bailable actions, the sheriff, under-sheriff, or other officer, shall at the request and costs of the plaintiff or plaintiffs, in such action or suit, his, her, or their attorney or agent, assign to such plaintiff or plaintiffs, the bail bond taken for the defendant's appearance upon the arrest, by indorsement and attestation under his hand in the presence of two or more credible witnesses ; and the plaintiff or plaintiffs in such action, after such assignment made, may bring an action or suit upon such bail bond, in his or their own name or names ; and the said courts may, by rule or rules thereof respectively, give such relief to the plaintiffs and defendants in the original action, and to the bail, so sued upon the bail bond, as is agreeable to justice and reason ; and in case of service, the copy of writs or process, returnable in the vacation time as aforesaid, and the defendant or defendants so served therewith, shall not appear at the return of such writ or process, or within eight days next after the return thereof as aforesaid, it shall and may be lawful to and for the plaintiff or plaintiffs, in such action, upon affidavit being made and filed with the prothonotary of the said courts respectively, or his deputy, of the personal service of such process as aforesaid, to enter a common appearance or appearances for the defendant or defendants, and to proceed thereon as if such defendant or defendants had entered his, her, or their appearance; and that all writs which shall be made returnable in the said courts respectively, on such return days as aforesaid, shall and may (in case the plaintiff or plaintiffs declare according to the practice of the said courts respectively), be proceeded upon io like manner as if the same had been made returnable at the preceding session or session of assizes for the said counties palatine respectively; any law, statute, usage, or custom to the contrary thereof in any wise notwithstanding.
[ No. XLVI. a.] 4 Geo. III. c. 21.-An Act for taking
and swearing Affidavits to be made use of in any of the
Courts of the County Palatine of Durham. W
HEREAS it hath been found very inconvenient, that no person or 4 George III.
persons is or are empowered to grant commissions for the taking c.21. and swearing of affidavits to be read and made use of in the Court of Preamble. Chancery of and for the county palatine of Durham, and in the court of session of pleas held in and for the said county palatine of Durham, before his Majesty's justices as well of Pleas of the Crown as of Common Pleas, and all manner of pleas whatsoever within the said county palatine of Durham, in the several matters and causes depending in the said courts respectively ; for remedy whereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of
No. XLVI.a the Lords Spiritual and Temporal, and Commons, in this present Parlia4 Geo. III. ment assenibled, and by the authority of the same, That ihe Chancellor c. 21.
of the county palatine of Durham for the time being, the justices of
the Court of Pleas in and for the said county palatine for the time The Chancel
being, or any two of them in their session of pleas, shall and may, by lor, and jus
one or more commission or commissions under the several seals of the tices of the
said respective Courts of Chancery and Court of Pleas in and for the Court of Pleas, said county palatine of Durham, from time to time, as need shall reempowered to quire, empower what and as many persons as shall be thought fit and issuc commis- necessary, to take and swear all and every such affidavit and affidavits sions to proper as any person or persons shall be willing and desirous to make before persons to take any of the persons so empowered, in or concerning any cause, matter, and swear affi
or thing, depending, or hereafter to be depending, or any wise concerndavits in causes
ing any of the proceedings to be in either of the said Courts of Chandepending in their respective
cery, or Court of Pleas, in and for the said county palatine of Durham, courts.
as Masters in Chancery in extraordinary do use to do; which said affiThe affidavits
davits, taken as aforesaid, shall be filed in the several and respective to be filed in
offices of the said Court of Chancery, and the Court of Pleas, in and for the proper
the said county palatine of Durhain ; and the same shall and may be courts,
read and made use of in the said respective courts, to all intents and and read in
purposes, as other affidavils taken in the said courts now are: And that evidence.
all and every affidavit and affidavits, taken as aforesaid, shall be of the
same force as affidavits taken in the said respective courts now are: Penalty of for. And all and every person and persons forswearing him, her, or themswearing. selves, in such affidavit or affidavits, shall incur and be liable unto the
same penalties, as if such affidavit or affidavits had been made and Cursitor to taken in open court: which said several commissions shall be made out make out the by the cursitor of the said county palatine of Durham, upon a fiat or commissions, warrant from the said chancellor of the said county palatine of Durham, upon a fiat
for taking affidavits in the said Court of Chancery; and upon a fiat or from the chan- warrant from any two of the justices of the pleas, in their session of cellor;
pleas, in and for the said county palatine of Durham, for taking affidaand fiat from
vits in the said Court of Pleas : And the said cursitor shall cause an two justices of the Pleas;
entry to be made, in a book to kept for that purpose, of the names of and make an
the persons to whom such commissions are from time to time granted, entry thereof;
and the respective times when issued : And the following fees shall be
paid for each commission, and no more (to wit) The sum of two shilhis fees for each commis
lings for the fiat or warrant ; the sum of four shillings for making out sion.
the said commission, besides the King's duty, and value of the parchCommissioners
ment; and the sum of four shillings for sealing the same : And every fees for swear commissioner or person so empowered shall take and receive, for the ing affidavits. swearing of every affidavit before him in the said Court of Chancery of
Durham, the sum or fee of two shillings, and no more ; and for the swearing of every affidavit before him in the said Court of Pleas, in and for the said county palatine of Durham, the sum or fee of one shilling,
and no more. Officers of the
Provided always, and it is hereby declared, That such officers of the respective said respective Courts of Chancery, and Court of Pleas, in the said courts empow county palatine of Durham, as have heretofore taken or sworn affidaed to take affi- vits, shall and may continue so to do, in the same manner as if this Act davits as here:
had not been made. tofore.
[ No. XLVII. ] 13 George III. c. 51.–An Act to dis
courage the Practice of commencing frivolous and vexatious suits in his Majesty's Courts at Westminster, in Causes of Action arising within the dominion of Wales ; and for further regulating the Proceedings
in the Courts of Great Sessions in Wales. 13 George III. : W
HEREAS, to the intolerable vexation and charge of his Majesty's
subjects in the dominion of Wales, it hath been the practice to commence trifling and frivolous suits in the Courts at Westminster, upon No. XLVII. causes of action arising within the said dominion of Wales : (1) In order 13 Geo. III. that the same may be tried in the nearest adjoining English county to that part of the dominion of Wales in which the cause of action has arisen,
c. 51. • to discourage the like practices for the future ;' may it please your Majesty that it may be enacted ; and be it enacted by the King's most
In case plaintiff
shall recover excellent Majesty, by and with the advice and consent of the Lords
damages to Spiritual and Temporal, and Commons, in this present Parliament as- amount of 101.; sembled, and by the authority of the sime, That, from and after the defendant shali first day of January, One thousand seven hundred and seventy-four, be intitled to in case the plaintiff in any action upon the case for words, action of judgment and debt, trespass on the case, assault and battery, or other personal (2) remedy thereaction, where the cause of such action shall arise within the dominion on, &c. of Wales, and which shall be tried at the assizes, at the nearest English county (3) to that part of the said dominion of Wales, in which the cause of action shall be laid to arise, shall not recover, by verdict, a debt or damages to the amount of ten pounds; in such case, if the judge who tried the cause on evidence appearing before him, shall certify on the back of the record of Nisi Prius, that the defendant or defendants was or were resident in the dominion of Wales at the time of the service of the writ, or other mesne process served on him, her, or them, in
(1) The origin of the courts of Westminster diction, which is certainly the case, however assuming jurisdiction over causes in Wales, and disputable in point of argument, independently directing the trial in an adjoining English of such recognition, the question might have county, does not distinctly appear; I think the been. In Ambrose v. Rees, 11 East, 370, the truth most probably is, that it was founded in court refused to set aside a trial at Monmouth, mere usurpation, and, like many other usurp- on a venue in South Wales, for irregularity; ations of jurisdiction, supported by fictions; assigning as a reason, that the defendant did not but the practice has actually existed for a great object at the time; but in Goodright ex. dem. length of time, and is in many respects very Richards v. Williams, 2 M. &. S. 270, the court beneficial.
arrested the judgment, after a trial in Salop, The right of issuing a latitat into Wales has upon a venue in Cardiganshire, upon the been the subject of considerable controversy. ground that the practice had always been to In Lempley v. Thomas, 1 Wils. 193, the ques: consider Herefordshire as the next adjoining tion was raised by demurrer, and was argued county to South Wales, and Salop to North three times : during the progress of the argu- Wales. This decision has always appeared to ments the court seemed sufficiently disposed to me to stand on very unsatisfactory grounds, in adhere to the jurisdiction, but finally decided treating that which had been a mere course against it, without saying more than these and habit of practice, as a rule of law; a thing Fords—“Breve domini regis de latitat non cur- which the courts themselves have in some inrit in Walliam.” In Mr. Hargreave's Law stances strongly objected to. The venue is Tracts, p. 377, there is a very learned and ela- also directed into the particular county upon a borate argument, occasioned by the discussion suggestion of its being the adjoining county as of this case, and apparently written before the a matter of fact; and it is perfectly anomalous decision of it, in opposition to the jurisdic- to treat the same subject as one which is to be tion. In Lloyd v. Jones, Doug. 213, 1. upon a stated upon suggestion as matter of fact, and subsequent discussion of the question, Yates J. also as one which is to be judicially recognized intimated a decided opinion in favour of the as matter of law. The fact of its being general jurisdiction of the court: but the case stood to try issues in South Wales in the county of over to be argued again ; when the defendant Hereford may be sufficiently accounted for declicing (in all due courtesy) a further argu- from that being, in fact, the nearest county to ment, judgment was given for the plaintiff. a great part of South Wales, as Salop is con
And in Penny v. Jones, Doug. 213, appli- fessedly the nearest county, into which the cation being made for a rule to shew cause King's writ runs, to the greater part of North why an esoneretur should not be entered on Wales: but, at any rate, a deviation from the bail-piece, the defendant having been ar- , an established course of practice would, in rested in Wales, the court refused the rule, say- such case, have been more regularly corrected ing, that the proper way, if the court had not by an application to a judge, than by treating jurisdiction, was to plead in abatement; and it as an error upon the record. Buller said, that since the case in Wilson the (2) Covenant for not levying a fine is a percontrary doctrine had been held in several sonal action within the Act; Davis v. Jones, 1 cases, particularly in the case already mention- N. R. 267. ed, where Yates J. had considered the case very
(3) This extends to an attorney suing by atfully, and delivered a solemn argument upon tachment of privilege, although he might have it. The reporter observes, that the present exercised his privilege by laying the venue in Act seems very clearly to recognize the juris- Middlesex ; Evans v. Joncs, 6 T. R. 500.