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No. XLVII. such action, on such fact being, suggested on the record or judgment 13 Geo. III. roll, a judgment of nonsuit shall be entered against the plaintift, and

such defendant or defendants shall be entitled to, and have like judgC. 51.

ment and remedy thereon, to recover such and the like costs, against
the plaintiff or plaintiffs, in every such action, as if a verdict had been
given by the jury for the defendant or defendants, unless the judge, before
whom such cause shall be tried, shall certify on the back of the record,.
that the freehold or title of the land mentioned in the plaintiff's decla-
ration was chiefly in question, or that such cause was proper to be tried

in such English county.
Actions within II. And, in order to prevent transitory actions, where the cause of
Wales brought action does not amount to ten pounds, arising within the principality of
in Courts of re- Wales, from being brought in any of his Majesty's Courts of Record
cord out of the out of the said principality, be it further enacted, That in all transitory
said principali- actions arising within the said principality, which from and after the
ty, đc.

first day of January, One thousand seven hundred and seventy-four,
shall be brought in any of his Majesty's courts of record out of the said
principality of Wales, and the venue therein, shall be laid in any county
or place out of the said principality, and the debt or damages found
by the jury shall not amount to the sum of ten pounds, and it shall
appear upon the evidence given on the trial of the said cause that the cause
of action arose in the said principality of Wales, and that the defendant
or defendants were residen in the do on of Wales at the time
of the service of any, writ, or other mesne process served on him,
her, or them, in such action, and it shall be so certified, under the hand
of the judge who tried such cause, upon the back of the record of Nisi
Prius (on such facts being suggested on the record or judgment roll), a
judgment or nopsuit shall be entered thereon against the plaintiff, and
the plaintiff or plaintiffs shall pay to the defendant or defendants, in
such action, his or their costs of suit; and the defendant and defend-
ants shall have like remedy to recover the same as in the case of a ver-
dict given for the defendant or defendants in such action; and, in the
taxation of all costs allowed and given to the defendant or defendants
by and in pursuance of this Act, the proper officer shall allow to the
plaintiff or plaintiffs, out of the defendant's costs, the full sum given by
the verdict to the plaintiff or plaintiffs for his or their debt or damages;
and, although no judgment shall be entered for the plaintiff or plaintiffs
upon such verdict, yet nevertheless such verdict, without any judgment
entered thereon, shall be an effectual bar to any action or actions com-

menced by the plaintiff or plaintiffs for the same.
34 & 35 H. 8. • III. And whereas by an Act made in the thirty-fourth and thirty-fifth

years of the reign of his late Majesty King Henry the Eighth, inti-
tuled, “ An Act for certain ordinances in the King's dominion and
principality of Wales," it is (amongst other things) enacted, That there -
• shall be holden and kept sessions, twice in every year, in every of the
• shires of the said dominion and principality of Wales, the which ses-

sions shall be called “ The King's Great Sessions in Wales ;” and that
• the justice of Chester shall hold and keep sessions, twice in every year,
• in the shires of Denbigh, Flint, and Montgomery; and likewise that

the justice of North Wales shall hold and keep sessions, twice in every
year, in the shires of Caernarvon, Merioneth, and Anglesey; and also
• ihat one person learned in the laws of this realm, by the King's Ma-
jesty to be named and appointed, shall be justice of the shires of Rad-
nor, Brecknock, and Glamorgan; and shall likewise hold and keep
sessions, twice in every year, in every of the same shires ; and like-
• wise that one other person, learned in the laws of this realm, to be

appointed as aforesaid, shall be justice of the shires of Caermarthen,
* Pembroke, and Cardigan, and shall in like wise hold and keep sessions,
' twice in every year, in every of the same shires : and that the said
persons, or justices, and every of them, then being, or that hereafter
shall be, shall have several letters patents and commissions for their
offices under the King's Great Seal of England, to be exercised by
themselves, or their sufficient deputies, according to the purposes and

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* intents in the said ordinances specified: And whereas by one other No. XLVII. • Act, made in the eighteenth year of the reign of her late Majesty 13 Geo. III. • Queen Elizabeth, intituled, “ An Act for the appointing of justices

c. 51. in the shires of Wales," it is (amongst other things) enacted, That the • Queen's Highness, her heirs and successors may and shall have full

18 Elizabeth. power and authority, from time to time, to constitute, name, or appoint, two or more persons, learned in the laws of this realm of England, to be justices of and for the said counties of Chester, Flint, Den· bigh and Montgomery; and two or more, learned as aforesaid, to be * justices of North Wales; (videlicet,) of and for the said shires of Anglesey, Caernarvon, and Merionelh; and likewise two or more, • learned as aforesaid, to be justices of and for the circuits and shires of Radnor, Glamorgan, and Brecknock ; and also two or more, learned as • aforesaid, to be justices of and for the circuits and shires of Cardigan, Caermarthen, Pembroke, and the town and county of Haverford West:

And whereas the exercising the power of appointing deputies by such justices may be attended with inconvenience; for preventing thereof;' be it further enacted, That no justice now appointed, or at any time Welsh justices hereafter to be appointed; of or for the said county of Chester, or of or not to have a for any county, circuit, or shire, within the said principality or domi- deputy, &c. nion of Wales, shall have any power or authority of exercising his office by deputy, save and except for the purpose of calling and adjourning any court or courts, and receiving any motion or motions appointed, or especially directed to be made at such court, and for the further purpose of taking and proclaiming fines and arraigning recoveries, in such court or courts of each respective great session and assizes, within the circuit of such jnstice: any law, statute, or usage to the contrary notwithstanding.

IV. Provided always nevertheless, and be it further enacted by the authority aforesaid, 'That from henceforth it shall and may be lawful to and for the several and respective justices of and for the said several and respective circuits and counties for the time being, from time to time, and at any time, as occasion may require, by writing under the hand and seal, or bands and seals, of such justice or justices respectively, to nominate, constitute, or appoint, any person or persons to be his or their deputy or deputies, for the intent and purpose of calling and adjouroing any court or courts, and receiving any motion or motions, appointed or especially directed to be made at such court, and for the further purpose of taking and proclaiming fines, and arraigning recoveries in such court or courts of each respective great session and assizes, within their several and respective circuits and counties aforesaid, which person or persons so appointed shall have full power and lawful authority so to do.

V. Provided always, and be it further enacted, That his Majesty, his heirs and successors, shall and may, under his and their royal sign mapual, appoint one or more person or persons, learned as aforesaid, to execute the said office of justice in the said county palatine of Chester, or in any of the said counties of Wales, for the then next ensuing great sessions, in the place and stead of any of the said justices, who shall, by illness, be prevented attending upon such great sessions, and so often as the necessity of the case shall require; any law, usage, or custom to the contrary thereof in any wise notwithstanding.

.Vi. And whereas it is conceived that the suitors in the court of the King's great sessions in the dominion and principality of Wales will, in many cases, experience great benefit and advantage by having their • suits tried by special juries ;' be it therefore further enacted by the authority aforesaid, that the justices of his Majesty's great sessions in Special juries Wales, upon motion made on behalf of his Majesty, his heirs or suc- may be struck cessors, or on motion of any prosecutor or defendant in any indictment as in the courts or information of any misdemeanour, or on the motion of any plaintiff

atWestininster. or plaintiffs, defendant or defendants, in any action, cause or suit whatsoever, depending, or to be brought and carried on, in any of his Majesty's courts of great sessions in Wales, shall and may, in case such

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No. XLVII. justices in their discretion shall think fit, order and appoint a jury to be
13 Geo. III. struck before the proper officer of such courts, for the trial of any issue
c. 51.

joined in any of the said cases, in such manner as special juries have
been usually struck in the courts of law at Westminster, upon trials at
bar had in the said courts; which jury, so struck as aforesaid, shall be the
jury returned for the trial of such issue as aforesaid.

VII. Provided always, and be it further enacted by the authority
aforesaid, that the person or party who shall, by virtue of this Act,
apply for such special jury shall not only bear and pay the fees for
striking such jury, but shall also bear, pay, and discharge all the ex-
penses occasioned by the trial of the cause by such special jury, and
shall not have any further or other allowance for the same, upon taxation
of costs, than such person or party would be entitled unto in case the
cause had been tried by a common jury, unless the justices or justice
before whom the cause is tried shall, immediately after the trial, certify
in open court, under his or their hand or hands, upon the back of the

record, that the same was a cause proper to be tried by a special jury. 11. Is. for such

• VIII. And to prevent the demand or payment of extravagant fees of service.

“jurymen returned under the authority of this Act, be it further enacted
by the authority aforesaid, That no person who shall serve upon any jury,
appointed or returned by authority of this Act, shall be allowed, or
take, for serving on any such jury, more than the sum of money which
the justices or justice who tries the issue or issues shall think just and
reasonable, not exceeding the sum of one pound one shilling, except in
causes where a view hath been or shall be directed.

• IX. And, for greater ease and benefit of all persons whomsoever in
the taking of affidavits to be made use of and read in the courls of his
Majesty's great sessions in Wales, in all matters and causes whatsoever
depending, or to be depending, in all or any of the courts aforesaid, or

in anywise concerning the proceedings of or in the same, be it enacted

by the authority aforesaid, That the justices of the respective courts of empower per- great sessions in Wales for the time being shall and may, by one or more sons to take af- commission or commissions, under the seal of the said respective courts, fidavits, &c.

from time to time, as need shall require, empower such and so many
persons as they shall think fit and necessary, in all and every the several
shires and counties within their respective circuits in the said dominion
of Wales, to take and receive all and every such affidavit and affidavits
as any person or persons shall be willing and desirous to niake before
any of the persons so empowered in, or concerning any cause, matter, or
thing depending, or hereafter to be depending, or in any wise concerning
any of the proceedings to be in their respective circuits of great sessions,
as the justices of his Majesty's Court of King Bench, or Common Pleas,
or the Lord Treasurer, Chancellor, and Barons of the Court of Exchequer
for the time being, do use to do; which said affidavits, taken as afore-
said, shall be filed in the several and respective offices of the said several
and respective courts of great sessions, and the same shall and may be
read and made use of in the said respective courts to all intents and pur.
poses, as other affidavits taken in the said respective courts now are ; and
that all and every affidavit and affidavits, taken as aforesaid, sball be of
the same force as affidavits taken in the said respective courts now are ;
aod all and every person and persons forswearing him, her, or them-
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 taken
in open court; which said several commissions shall be made out by the
prothonotary, upon a fiat or warrant from the said justices for the time
being of the said respective courts of great sessions in Wales; and the
said prothonotary shall cause an entry 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 when issued ;
and the following fees shall be paid for each commission, and no more s
(to wit), the sum of two shillings for the fiat or warrant; the sum of four
shillings for making out the said commission, besides the King's duty,
and value of the parchment; and the sum of four shillings for sealing

Justices may

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the same; and every commissioner, or person so empowered, shall take No. XLVII. and receive, for the swearing of every affidavit before him, the sum or 13 Geo. III. fee of one shilling, and no more.

c. 51. X. Provided nevertheless, That no person appointed a.commissioner as aforesaid shall take or receive any affidavit during the time of holding the great sessions, or assizes, for the county or place in which such cause, matter, or thing, shall be depending.

XI. Provided always, and it is hereby enacted, That such officers of the said several and respective courts of great sessions in Wales, 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; any thing herein contained to the contrary notwithstanding.

• XII. And, to give greater ease and benefit to all persons within the said dominion of Wales, in taking the recognizances of special bails • upon all actions and suits depending, or to be depending in any of the

courts of his Majesty's great sessions in Wales ;' be it further enacted Justices of the by the authority aforesaid, that the justices of the respective courts of courts of great great sessions in Wales for the time being shall and may, by one or more sessions may commission or commissions, under the seal of the said respective courts, empower perfrom time to time, as need shall require, empower such and so many

sons to take repersons, (other than common attorneys or solicitors) as they shall think cognizances of fit and necessary in all and every the several shires and counties within

bail, &c. their respective circuits in the said dominion of Wales, to take and receive all and every such recognizance or recognizances of bail or bails, as any person or persons shall be willing or desirous to acknowledge or make before any of the persons so empowered in any action or suit depending, or hereafter to be depending, in the said respective courts, or any of them, in such manner and form, and by such recognizance or bail piece, as the justices of the said courts of great sessions respectively have used to take the same ; which said recognizance or recognizances, bail piece or bail pieces, so taken as aforesaid, together with an affidavit made of the due taking of the recognizances of such bail or bail piece, by some credible person present at the taking thereof, shall be transmitted to the prothonotary's office, there to be filed of record, paying such fees as have usually been received for the taking of special bails by the justices clerks, and other officers of the said respective courts, which recognizance of bail or bail piece, so taken and transmitted, shall be of the like effect, as if the same were taken before any of the said justices; for the taking of every which recognizance or recognizances of bail or bail piece, the person or persons so einpowered sball receive only the sum of, or fee of two shillings, and no more.

XIII. And be it further enacted by the authority aforesaid, that the Justices to said justices of great sessions, in their respective courts, sball and may make rules for make such rules and orders, for the justifying of such bails, and making justifying bail. the same absolute, as to them shall seem meet, so as the cognizor or cognizors of any such bail or bails be not compelled to appear in person in any of the said courts, to justify him or themselves: but the same may be, and is hereby directed to be determined by affidavit or affidavits, duly taken before the said commissioners, touching the value of their respective estates.

XIV. Provided always, That the attorney for the defendant or defendants shall give notice to the plaintiff's attorney of the taking of such bail within eight days after the caption thereof, and that the plaintiff shall be at liberty, within eight days after such notice, to take exception to such bail, and enter the same in the prothonotary's office; and such exception having been taken, the bail shall be justified before the justices, before the rising of the second court at the ensuing sessions ; and the bail bond taken by the sheriff, under-sheriff, or other officer, for the defendant's appearance, shall remain in force until such special bail shall have been finally justified as aforesaid ; but the plaintiff, nevertheless, shall be at liberty to file his declaration conditionally in the prothonotary's office; and the defendant, in case such declaration shall bare been delivered seven days before the first day of the session next

No. XLVII. ensuing the return of such writs, shal! plead thereto, before the rising of 13 Geo. III. the second court of such great sessions, unless further time shall be C. 51.

given him by the court for that purpose.

• XV. And whereas all writs relating to actions depending in the • courts of Great Sessions in the several counties in North and South Wales, are returnable at the great session held respectively for the said * counties, and at no other time, by which means no action that is com* menced (except where the defendant or defendants voluntarily appear)

can be brought to issue, and tried before the second session 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 ;' For remedy whereof, Original writs, and for the greater ease and benefit of the said suitors, Be it further en&c. returnable acted by the authority aforesaid, That from and after the first day of before the jus- January, One thousand seven hundred and seventy-four, all original tices.

writs, bills, and all mesne process whatsoever, by which any action shall be commenced or sued in the said courts of great sessions for the said counties of North and South Wales, shall and may be made returnable before his Majesty's justices respectively of the several counties of North and South Wales, on the first Wednesday in any month, in each of the two vacations, annually, betwixt the two sessions, or on the first day of the next sessions, at the election of the plaintiff or plaintiffs, his, her, or their attorney, who shall sue out the same : and that all such writs or process which shall issue out of the said courts, relurnable in the vacations as aforesaid, and whereon or wherewith the defendant or defendants shall be arrested or served with a copy or copies, such defend. ant 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 fourteen 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 actions, his, her, or their attorney, assign to such plaintiff or plaintiffs the bail-bond taken for the defendant's appearance upon the arrest, by indorsement and attestation under his band, 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, her, or their own name or names ; and the said courts may, by rule or rules thereof respectively, give such relief to the plaintiff and plaintiffs, defendant 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 on service of the copy of any writ or process, (having notice thereunder written, purporting the intent of such service) returnable in the vacation time as aforesaid, the defendant or defendants so served therewith shall not appear at the return, or within fourteen 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 respective courts, or his deputy, of the personal service of such writ or 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 special bail baving been filed, or a common appearance entered, as the case skall require, the plaintiff in such action may proceed to file his declaration; and the defendant or defendants, in case such declaration shall have been delivered seven days before the first day of the session next ensuing the return of such writ, shall be bound to plead thereto, before the rising of the second court of such great session to be holden for the county or place in which such action shall have been brought, unless the court shall think proper to allow

further time for that purpose. Original bills XVI. And be it further enacted by the authority aforesaid, That from how to be sign- and after the first day of January, One thousand seven hundred, and

from and after the first day of January, One thousand seven hundred and seventy-four, every officer or clerk belonging to the several courts of great sessions in the principality of Wales, who shall sign any ori

ed.

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