« PreviousContinue »
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
in such English county.
first day of January, One thousand seven hundred and seventy-four,
menced by the plaintiff or plaintiffs for the same.
years of the reign of his late Majesty King Henry the Eighth, inti-
sions shall be called “ The King's Great Sessions in Wales ;” and that
the justice of North Wales shall hold and keep sessions, twice in every
appointed as aforesaid, shall be justice of the shires of Caermarthen,
* 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
No. XLVII. justices in their discretion shall think fit, order and appoint a jury to be
joined in any of the said cases, in such manner as special juries have
VII. Provided always, and be it further enacted by the authority
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
• IX. And, for greater ease and benefit of all persons whomsoever in
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
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