c. 51.

ginal writ or bill, relating to actions depending in the said courts of No.XLVII. great sessions, shall, at the signing thereof, set down upon such original 13 Geo. III. writ or bill the day and year of his signing the same, which shall be entered upon the remembrance, or in the book where the abstracts of such original writ or bill shall be entered, upon pain to forfeit the sum of five pounds for every offence or neglect of such officer or clerk aforesaid; to be recovered by any person who shall sue for the same by action of debt, bill, plaint, or information, wherein no wager of law, protection or essoign, or more than one imparlance shall be allowed.

where to be

sued and reco

vered.

XVII. And whereas by sundry statutes, penalties are given for 'offences thereby provided against, and such penalties are directed to be sued for and recovered in his Majesty's courts of Westminster only, * and the enabling the respective courts of great sessions to hold pleas or to have cognizance in all such cases arising or happening within ⚫ their respective jurisdictions, would be for the ease and benefit of the inhabitants of the dominion of Wales;' be it further enacted by the Penalties given authority aforesaid, That from and after the first day of January, One by statutes thousand seven hundred and seventy-four, in all cases where any penalty or penalties is or are given by any statute, and the same is, are, or shall be directed to be recovered in the courts of Westminster, or either of them, excepting such as may by the laws now in being be sued for only in his Majesty's Court of Exchequer, and the offence for which any such penalty or penalties hath or shall be given, shall be done or committed in any of the counties of Wales, and the defendant or defendants liable to the same shall be resident within the jurisdiction of the great session held for any county of Wales, it shall and may be lawful to and for the plaintiff or plaintiffs, prosecutor or prosecutors, or other person to whom any such penalty is given, or who shall be entitled to sue for the same, in every such case, to sue for and recover the same in the courts of great session respectively in Wales, within which such penalties have or shall be incurred, in such manner and form as he, she or they might have done in the courts at Westminster; and that the said respective courts of great session shall have jurisdiction as fully to all intents and purposes as if the said courts had been respectively named in all and every of the said Acts, and the powers thereby given extended to the said respective courts.

[No. XLVIII.] 27 George III. c. 43.-An Act for taking and swearing affidavits to be made use of in the Court of Session of the County Palatine of Chester; and for taking of Special Bail in Actions and Suits depending in the same Court.

c. 43.

Preamble.

WH WHEREAS it hath been found inconvenient that no person or per- 27 George III. sons is or are empowered to grant commissions for the taking or 'swearing of affidavits, to be read and made use of in the Court of Session, otherwise called Great Session, for the county palatine of Chester, 'before his Majesty's justices of the said court, as well of pleas of the 'crown as of common pleas, and of all manner of pleas whatsoever, in 'the several matters and causes depending, or hereafter to be depend⚫ing in the said court; and that the prothonotary of the said court for the time being, or his officiating deputy, have not power and authority to take and swear such affidavits, as aforesaid, and to take affidavits for the justification of special bails, taken in actions and suits in 'the said court; and also, that no person or persons is or are impow⚫ered to grant commissions for the taking of special bails in actions and suits in the said court; for remedy whereof,' be it enacted by the Justices of the King's most excellent Majesty, by and with the advice and consent of court of session the Lords Spiritual and Temporal, and Commons, in this present Par- for the county liament assembled, and by the authority of the same, That, from and palatine of after the passing of this Act, the justices of the said court for the time Chester may

VOL. IV.

G

No. XLVIII.

-27 Geo. III.

c. 43.

sons to take affidavits in

causes depending therein.

Prothonotary or his deputy may take like

being, or either of them, shall and may, by one or more commission or commissions under the seal of the said county palatine, from time to time, as need shall require, empower such and so many person or persons as they or either of them shall think fit or necessary, to take and receive all and every such affidavit and affidavits as any person or persons shall be willing to make, before any of the persons so empowempower per ered, 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 the said court, as the justices of his Majesty's courts of King's Bench and Common Pleas, the Lord Treasurer, and the Chancellor and barons of the Court of Exchequer for the time being, or any of them, do use to do; and also that, from and after the passing of this Act, it shall and may be lawful for the prothonotary of the said court of session for the said county of Chester for the time being, or his officiating affidavits, &c. deputy ex officio, as officers of the same court, and without such commission or commissions as aforesaid, to take and receive all and every such affidavit and affidavits as aforesaid, in or concerning such causes, matters or things as aforesaid; which said affidavits, taken as aforesaid, shall be filed in the office of the prothonotary of the said county, and the same shall and may be read and made use of in the said court, to all intents and purposes, as other affidavits taken in the said court now are: and that all and every affidavit and affidavits, taken as aforesaid, shall be of the same force and effect as affidavits taken in the said court now Persons forAnd all and every person and persons forswearing him or themswearing them are. selves liable to selves in such affidavit or affidavits, shall incur and be liable unto the the same penal- same pains and penalties as he, she, or they would have incurred and ties as for false been liable unto if such affidavit or affidavits had been made and taken affidavits in in open court; which said several commissions shall be made out by the open court. prothonotary of the said court of session, upon a fiat or warrant from Manner of the said justices for the time being, or one of them; 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 shall be from time to time granted, and of the respective times when such commissions shall be 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 sum of four shillings for making out the commission, besides the King's duty and the value of the parchment; and the sum of four shillings for sealing the same: And the said prothonotary, and his officiating deputy, and every commissioner, or person so empowered as aforesaid, shall take and receive for the swearing of each affidavit before him or them, the sum or fee of one shilling, and no more: Provided nevertheless, That neither any person appointed a commissioner as aforesaid, nor the said prothonotary or his deputy, shall take or swear any affidavit within one mile of the castle of Chester during the time of holding the session for the said county.

making out commissions for taking affidavits, &c.

Fees to be paid

for such commissions, and

for taking affi

davits.

No affidavit to be taken within a mile of Chester Castle during the county

session.

Justices of the

empower per

sons to take

II. And, to give greater ease and benefit to the persons residing said court may within the said county palatine of Chester, in taking recognizances of special bail in all actions and suits depending or to be depending in 'the said court of session?' be it further enacted by the authority aforerecognizances. said, That the justices of the same court for the time being, or either of them, shall and may, by one or more commission or commissions under the seal of the said county palatine from time to time, as need shall require, empower such and so many person and persons (other than common attornies or solicitors) as they or either of them shall think fit and necessary in the said county palatine of Chester, to take and receive all and every such recognizance or recognizances of bail or bails, as any person or persons shall be willing and desirous to acknowledge or make before any person so empowered in any action or suit depending, or hereafter to be depending in the said court, in such manner and form and by such recognizance or bail-piece as special bails are usually, or by law ought to be taken; which said several last-mentioned commis sions shall be made out by the prothonotary of the said court upon a recognizances, fiat or warrant from the said justices for the time being, or one of them,

Manner of making out commissions

for taking such

&C.

No.

c. 43.

and which said recognizance or recognizances, bail-piece or bail-pieces, so taken as aforesaid, together with an affidavit made of the due taking XLVIII. of the recognizances of such bail or bail-piece, by some credible person 27 Geo. III. present at the taking thereof (and which affidavit the person so empowered to take the said bail shall be, and hereby is authorised to take and swear) shall, within ten days after the taking such bail, be transmitted to the office of the prothonotary of the said county, there to be filed of record upon payment of the sum of five shillings and fourpence; and which recognizance of bail or bail-piece, so taken and transmitted, shall be of like effect as if the same were taken before the justices of the said court, in open court; and the following fees, and no more, Fees to be paid shall be paid for each of the said last-mentioned commissions, and for for commistaking the acknowledgments of the bail and affidavits respecting the sions to take same; (to wit,) the sum of two shillings for the fiat or warrant; the sum recognizances. of seven shillings and sixpence for making out the commission, besides the King's duty and parchment; the sum of four shillings for the seal; the sum of five shillings for taking every such acknowledgment or bailpiece; and the sum of one shilling for the swearing the affidavit of the due taking thereof.

III. And be it further enacted by the authority aforesaid, That the Justices of the said justices for the time being shall and may make such rules and said court may orders for the justifying of such bails, and making the same absolute, make rules for as to them shall seem meet, so that it may not be necessary for the cog- justifying bail nizor or cognizors of any such bail or bails to appear in the said court by affidavits beto justify him or themselves, but that the same may be determined by fore the comaffidavit or affidavits duly taken before any of the said commissioners missioners. to be appointed as aforesaid (or before the prothonotary of the said court for the time being, or his officiating deputy, ex officio, as officers of the said court, and without any commission for that purpose) touching the value of the respective estates, and other necessary qualifications of such cognizor or cognizors; and for the swearing of each such Power of proaffidavit shall be taken the sum of one shilling, and no more: Provided thonotary, or also nevertheless, That nothing in this Act contained shall prevent the his deputy, to prothonotary of the said court for the time being, or his officiating take recognideputy, from taking and receiving ex officio, and as officers of the said zances not to court, recognizances of bails in actions or suits commenced, or here- be affected by after to be commenced in the said court, in such manner as he and they have done, or by law might do, as if this Act had not been made.

this Act.

IV. And it is further enacted by the authority aforesaid, That any If any person person or persons who shall, before any person or persons empowered represent anoby virtue of this Act, as aforesaid, to take special bail or bails, repre- ther in entering sent or personate any other person or persons, whereby the person or into special persons so represented or personated may be liable to the payment of bail, he shall any sum or sums of money for debt or damages, to be recovered in the be adjudged a same suit or action wherein such person or persons is or are represented felon. or personated, as if he, she, or they, had really acknowledged and entered into the same, being lawfully convicted thereof, shall be adjudged, esteemed, and taken to be a felon or felons, and shall suffer and incur the same pains, penalties, and forfeitures, as persons convicted of the like offences are liable to by virtue of an Act passed in the fourth year of the reign of King William and Queen Mary, intituled, "An Act for taking Special Bails in the country, upon actions and suits depending in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster.”

[No. XLIX. ] 33 George III. c. 68.-An Act for remedying Inconveniences attending certain Proceedings in the Courts of Great Sessions in Wales, and for the County Palatine of Chester, in the Court of Common Pleas for the County Palatine of Lancaster, in the

No. XLIX. 33 Geo. III. e. 68.

Where final

be obtained in the courts of great sessions in Wales, &c.

and the persons or effects cannot be found

Court of Pleas for the County Palatine of Durham, and in the County Courts in Wales.[ 17th June, 1793.]

WH HEREAS persons against whom judgments may be obtained in the courts of great sessions in Wales, the court of great sessions for the county palatine of Chester, the court of common pleas for the county palatine of Lancaster, and the court of pleas for the county • palatine of Durham, may in order to avoid execution, remove their persons and effects beyond the jurisdiction of such courts:' 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 judgments shall in all cases where final judgment shall be obtained in any action or suit, in any of the said courts, it shall and may be lawful to and for any of his Majesty's Courts of Record at Westminster, upon affidavit made before a judge, or commissioner authorized to take affidavits in such court, and filed therein, of such judgment being obtained, and diligent search and enquiry having been made after the person or persons against whom such final judgment shall be obtained, on his, her, or their effects, and of execution having issued against the person or persons, or effects, as the case may be, of such person or persons, against whom such final judgment shall be obtained, and that the person or persons, or effects of such person or persons, are not to be found within the jurisdiction of such court, to cause a transcript of the record of the said judgment to be removed into such court at Westminster; and to issue writs of execution thereupon to the sheriff of any county, city, liberty, or place, against the person or persons, or effects of such person or persons, against whom such final judgment shall be obtained, in such manner as upon judgments obtained in the said courts at Westminster; and the sheriff upon every such execution shall, and he is thereby authorized to detain the person or persons against whom such execution shall be issued, until the sum of forty shillings be paid to him, or to levy that sum out of the effects, according to the nature of the execution, for the extraordinary costs of the person or persons by whom such final judgment shall be obtained in such court subsequent to the said judgment, and of the execution in the said court at Westminster, over and above the money for which such execution shall be issued.

within the jurisdiction of the

court, any court of record at Westminster may issue execution, &c.

Clauses in 34

Henry8.cap.26. enacting, That the sheriffs in Wales, in plaints under 40. may award a capias, &c. and that no judgment be stayed by any writ of false judgment, repealed.

No execution

to be stayed by any such writ, unless the pro

secutor enter

into a recognizance, &c.

II. And whereas by an Act, passed in the thirty-fourth year of the reign of his Majesty King Henry the Eighth, intituled, "An Act for 'certain ordinances in the King's dominions and principality of Wales,” it is amongst other things enacted, That the sheriff of the several counties or shires in Wales, in the said Act mentioned, upon every judgment had before him in his county or hundred court, in any plaint under forty shillings, may award a capias ad satisfaciendum to arrest the party condemned; and it is also enacted, That no execution of any judgment given or to be given in any court in the said Act mentioned be stayed or deferred by reason of any writ of false judgment, but that execution may be had and made at all times before the reversal of the said judgment, the pursuit of the said writ notwithstanding:' Be it further enacted by the authority aforesaid, That the several clauses aforesaid in the said Act shall be, from and after the passing of this Act, repealed.

III. Provided always, and be it further enacted, That no execution shall be stayed upon or by any writ of false judgment for the reversing of any judgment given in any county court in Wales, unless the person or persons who shall prosecute the said writ be first bound unto the party or parties for whom the said judgment shall have been given, in a recognizance with two sufficient sureties, such as the sheriff in the said court shall approve and allow, in the sum of ten pounds (except where the sum adjudged for costs and damages shall exceed the sum of ten pounds, and in such case in double the sum so adjudged,) to prosecute the said writ with effect, and also to pay and satisfy, if the said judg

c. 68.

ment be affirmed, or the said writ abated or nonprossed, all and singular No. XLIX. the damages and costs adjudged, and also the costs and damages awarded 33 Geo. III. for the delay of execution; the acknowledgment of which recognizance the said sheriff is hereby authorized and required to take and file amongst the proceedings of his said court; and for the caption and filing whereof the sum of one shilling, and no more, shall be paid to the said sheriff by the person or persons who shall prosecute the said writ: And in case of a breach of the condition of such recognizance, the conuzee or conuzees thereof may have and maintain an action of debt on the same, in any of his Majesty's Courts of Record in Wales, against the conuzors, or either of them, to recover all and singular the damages and costs in the said recognizance mentioned.

[No. XLIX. a.] 34 George III. c. 46.-An Act for taking of Special Bail in Actions and Suits depending in the Court of Common Pleas of the County Palatine of Lancaster.-[9th May, 1794.]

In case of breach of recognizance an action of debt may be maintained.

34 George III.

c. 46.

Preamble.

WHEREAS it hath been found inconvenient that no person is empowered to grant commissions for the taking and receiving recognizances of bail in actions and suits commenced or depending in the Court of Common Pleas, otherwise called The Court of Session for the county palatine of Lancaster, held before his Majesty's justices there: 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 autho rity of the same, That, from and after the passing of this Act, the chan- The chancellor cellor of the duchy and county palatine of Lancaster, or his vice-chan- orvice-chancelcellor for the said county palatine for the time being respectively, shall lor of thecounty and may, by one or more commission or commissions, under the seal of of Lancaster, the said county palatine, from time to time, as occasion may require, may authorize impower such and so many person and persons, (other than common persons to take attornies or solicitors), as he, or either of them, shall think fit and bail in actions necessary, in the said county palatine of Lancaster, to take and receive depending in all and every such recognizance or recognizances of bail or bails, as any the County Court, &c. person or persons shall be willing and desirous to acknowledge or make, before any person so empowered in any action or suit depending, or hereafter to be depending, in the said court, in such manner and form, and by such recognizance or bail piece, as special bails are usually or by law ought to be taken; which said commissions shall be made out by the prothonotary of the said court, upon a fiat or warrant from the said chancellor, or vice-chancellor for the time being, and which said recog nizance 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, or being one of the people called Quakers, by his affirmation, and which affidavit or affirmation the person so empowered to take the said recognizance or recognizances of bail or bails shall be, and hereby is authorized to receive and take and to administer the oath or solemn affirmation, as the case may require, shall within ten days after the taking such bail, be transmitted to the office of the prothonotary of the said county, there to be filed of record, upon payment of the sum of eleven shillings and eight-pence; and which recognizance of bail or bail piece, so taken and transmitted, shall be of full force and effect; and the following fees, and no more, shall be paid for each of the said last mentioned commissions, and for taking the acknowledgments of the bail and affidavits, or affirmations respecting the same; (to wit), The sum of three shillings for the fiat or warrant:

The sum of eight shillings and sixpence for making out the commission, besides the King's duty and parchment:

The sum of five shillings for the scal:

Fees.