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No.

XLIX. a. 34 Geo. III. c. 46.

Justices of the court maymake rulesforjustifying bail, &c.

Prothonotary or his deputy may take bail as heretofore.

Persons swear

ing falsely to be

liable to the

same penalties

The sum of six shillings for taking every such acknowledgment or bail piece:

And the sum of one shilling for the taking of the affidavit or affirmation of the due taking thereof.

II. And be it further enacted, by the authority aforesaid, That his Majesty's justices of the said court, for the time being, shall and may make such rules and orders for the justifying of such bails, and making the same absolute, as to them shall seem meet, so that it may not be necessary for the cognizor or cognizors of any such bail or bails to appear in the said court to justify him or themselves, but that the same may be determined by affidavit or affidavits, (or being made by any of the people called Quakers, by affirmation or affirmations), duly taken before any commissioner 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 affidavit, or taking such affirmation, shall be received the sum of one shilling and no more.

III. Provided also nevertheless, That nothing in this Act contained shall prevent the prothonotary of the said court for the time being, or his officiating deputy, from taking and receiving ex officio, and as officers of the said court, recognizances of bails in actions or suits commenced or hereafter to be commenced in the said court, in such manner as he and they have done, or by law might do, if this Act had not been made.

IV. And be it further enacted, that if any person or persons who shall make any affidavit or affirmation of the due taking of the recognizance of any bail, or for the justification of any bail, or otherwise in relation thereto, in any suit or action depending, or to be hereafter depending, in the said court, shall falsely swear, or falsely affirm in or by his or their said affidavit or affirmation respectively, every such person and Record at West-persons shall incur and be liable unto the like pains and penalties as he, she, or they, would have incurred and been liable unto, if such affidavit or affirmation had been made and taken in open court, in any of his Majesty's Courts of Record at Westminster.

as would have been incurred in Courts of

minster.

Persons representing others

who may there by be liable to the payment of money, to be deemed felons,

V. And be it further enacted, That any person or persons who shall, before any person or persons empowered by virtue of this Act as aforesaid to take special bail or bails, represent or personate any other person or persons, whereby the person or persons so represented or personated may be liable to the payment of any sum or sums of money for debt or damages to be recovered in the same suit or action wherein such person or persons is or are represented 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 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. L. ] 34 George III. c. 58.-An Act to prevent the Removal of Suits from the Inferior Courts in the County Palatine of Lancaster, into the Court of Common Pleas of the said County Palatine.-[23d May 1794.]

34 George III. WHEREAS great mischiefs have arisen from the facility of removing

c. 58.

causes of small value from the inferior courts in the county pa'latine of Lancaster, into the court of Common Pleas of the said 'county palatine;' For remedy whereof, be it enacted by the King's

No. L.

34 Geo. III.

c. 58.

No execution shall be stayed

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, from and after the passing of this Act, no execution shall be stayed or delayed upon or by any writ of false judgment, or supersedeas thereon, to be sued for the reversing of any judgment given or to be given in inferior court any within the county palatine of Lancaster, where the debt or damages by writ of are under ten pounds, unless such person or persons in whose name or false judgment, names such writ of false judgment shall be brought, with two sufficient sureties, such as the court (wherein such judgment is or shall be given) ferior court in &c. in any inshall allow of, shall, first, before such stay made, or supersedeas to be the county of awarded, be bound unto the party for whom such judgment is or shall Lancaster, but be given, by recognizance to be acknowledged in the same court, in dou- on certain conble the sum adjudged to be recovered by the said former judgment, to ditions, prosecute the said writ of false judgment with effect, and also to satisfy and pay (if the said judgment be affirmed, or the said writ of false judgment be not proceeded in) all and singular the debt, damages, and costs adjudged, and all costs and damages to be awarded for the same delaying of execution.

II. And be it further enacted, That no cause, where the cause of action shall not amount to the sum of ten pounds or upwards, shall be removed or removeable from any court of inferior jurisdiction into the Court of Common Pleas at Lancaster, by any writ of pone accedas ad curiam certiorari, or otherwise, unless the defendant, who shall be desirous of removing such cause, shall enter into the like recognizance as aforesaid, for payment of the debt, or damages and costs, in case judgment shall pass against him; any law or statute to the contrary thereof notwithstanding.

[No. LI.] 39 & 40 George III. c. 105.-An Act for the better regulating the Practice, and for preventing Delays in the Proceedings of the Court of Common Pleas at Lancaster.-[28th July 1800.]

forlessthan 107. nor any action be removed from any inferior court into the Common

Pleas of the said county.

III. c. 105.

Plaintiffs or
defendants
may plead and
give evidence
of any cause of
action, or any
thing in bar of
any suit, pro-
shall happen

WHEREAS many delays and difficulties exist in the practice of 39 & 40 George the Court of Common Pleas at Lancaster, in and for the county palatine of Lancaster, by reason that the commencement and continu⚫ance of suits and proceedings in the said court have relation to the times of the teste of the original writs whereupon such suits and proceedings are grounded, and to the assizes at which such writs are returnable, and at or of which such suits and proceedings are inrolled ⚫ or recorded, and also by reason of the want of more frequent days ' of return of writs of inquiry of damages and scire facias, and of ju'dicial process, issuing out of the same court;' For remedy whereof, may it please your Majesty that it may be enacted; and 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, from and after the passing of this Act, it shall and may be lawful to and for any plaintiff or plaintiffs, defendant or defendants respectively, in any personal suit or action, or in any action of trespass and ejectment hereafter to be depending in the said court, to declare upon, plead, and give evidence of any cause or causes of action, or any matter or thing, matters or things, in bar or preclusion of any such suit or action, or any other matters or things whatsoever, provided the same shall have accrued or happened, or shall hereafter accrue or happen, prior to the day of the actual signing and issuing of the writ of capias ad respondendum, or other process, first actually issued forth in such personal suit or action, or prior to the day of the actual serving of any declaration or declarations in any such action of trespass and ejectment, notwithstanding such cause or causes of action, matters or things, shall or may not have accrued prior to the teste and return of the original writ or

vided the same

prior to the issuing of the writ of capias ad respondendum, &c. or prior to the day of actual service of any

declaration in ejectment; notwithstanding

c. 105.

the cause of

No. L. writs whereupon or whereby such suit or action is or shall be, either 39&40G.III. really or by fiction of law, grounded or warranted, or prior to the assizes or time wherein or whereof such declaration or declarations is or are, or shall or may be filed and recorded; and that no advantage shall be taken by reason of any such cause or causes of action, matters, or things as aforesaid, having accrued or being stated to have accrued subsequent to the teste and return of such original writ or writs, or subsequent to the assizes or other the time last abovementioned, or any of them, by or upon demand of oyer of any original writ, plea in abatement, demurrer to any pleading or pleadings, demurrer to evidence, bill of exceptions, writ of error, or any other process or proceedings whatsoever.

action shall not have accrued prior to the teste and re

turn of the original writ, &c. No advantage shall be taken

Process issuing out of court

may be return able according to the present practice, or on any of the return days in Easter and Michaelmas

terms, according to the court of Common Pleas at Westminster, &c.

No final judgment shall be

entered or exe

cution issued
within ten
clear days af-
ter the day
of the return of
Parties not de-
barred from

moving in ar-
rest of judg-

ment.

Proceedings commenced

shall not be affected.

Public act.

by reason of any action having accrued subsequent to such teste and return, &c. II. And be it further enacted, That from and after the passing of this Act, any writ or writs of inquiry of damages, scire facias, and any judicial or other process whatsoever hereafter to be issued forth and out of the same court in any action or suit hereafter to be depending in the said court, (except such process as may, according to the present course and practice of the said court, be made returnable on the first Wednesday of any month,) shall and may be awarded, made and issued forth returnable either upon or at the several days and times whereupon the same may now be made returnable respectively, according to the present course and practice of the said court, or returnable on any of the return days in Easter and Michaelmas terms respectively, according to the course of His Majesty's Court of Common Pleas at Westminster; and that such writs may be proceeded upon, and judgment entered, and execution issued thereon, tested on the returns of such writs of inquiry, or scire facias, or judicial process, in such and the like manner as if the same had been made returnable at the preceding session of assizes of the said county palatine.

III. Provided always, That no final judgment be entered, or execution issued, within the space of ten days next after the day of the return of any such writ of inquiry of damages or scire facias, made returnable under the authority of this Act, exclusive of the day of such return and the day of entering such final judgment, or issuing forth of such execution.

the writ of inquiry or scire facias, &c.

IV. And provided always, That nothing herein contained shall be construed to debar any party or parties from moving in arrest of judgment, or bringing a writ of error, in the same manner as he or they might have done before the making of this Act.

V. Provided always, and be it enacted, That nothing in this Act contained shall alter, vary, or affect any proceedings in any action already commenced, and now depending in the said Court of Common Pleas at Lancaster.

VI. And be it further enacted, That this Act shall be adjudged, deemed, and taken to be a public Act, and shall be judicially taken notice of as such, by all judges, justices, and other persons whomsosoever, without specially pleading the same.

[No. LII.] 5 George IV. c. 106.-An Act to enlarge and extend the Power of the Judges of the several Courts of Great Sessions in Wales, and to amend the Laws relating to the same.-[24th June 1824.] WHEREAS difficulties have arisen in his Majesty's Courts of Great Sessions in Wales from a want of power in the Judges of such courts respectively to compel any person residing out of the jurisdiction of any such courts respectively, to attend as a witness on any trial or cause therein; and whereas inconvenience has been experienced for want of power in the Judges of the said Courts of Great Sessions to issue commissions for the taking of answers examinations and affidavits, and for the examination of witnesses, at places out of the respective jurisdictions of the said courts, and of administering oaths to the persons putting in such answers and examinations, and making such affidavits, and being examined as witnesses; and whereas difficulties have arisen in his Majesty's Courts of Great Sessions in Wales with respect to enforcing rules orders and decrees of the said courts, against persons who have entered appearances in suits instituted in such courts, or have come in as creditors or purchasers, and submitted to the jurisdiction thereof, but by reason of their residence being out of the limits of the jurisdiction of the said courts, or of their having withdrawn themselves therefrom, are not amenable to the process thereof; and whereas it is advisable that further provisions be made for discouraging the practice of commencing frivolous and vexatious suits in his Majesty's courts at Westminster, in causes of action arising within the dominion and principality of Wales; and also to expedite suits in the said several Courts of Great Sessions, and provide for new trials, and regulate the practice therein. And whereas it is therefore expedient that the powers of the Judges of the said courts should be enlarged and extended, and the laws and usages relating to the same be amended. And whereas it is also expedient to regulate the fees and King's silver payable on fines and recoveries levied and suffered within the principality of Wales, and to provide for the more effectually levying and suffering the same. May it please your Majesty that it be enacted, and 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 from and after the passing of this Act, when and as often as the attendance of any person or persons shall or may be deemed necessary as a witness or witnesses to give evidence in about or concerning any suit, cause, trial, commission, or issue, prosecuted, brought, and depending in or before any of the said Courts of Great Sessions; and such person or persons shall not, when his her or their attendance is so deemed necessary, be resident within the jurisdiction of the said Court of Great Sessions, where such his, her, or their attendance may so be deemed necessary, but be resident at such time in England or Wales, in all and every such cases it shall and may be lawful for any of the parties in the said suits, trial, commission, or issue, to apply to the proper officer of His Majesty's Courts of Exchequer at Westminster, and such officer is hereby authorized and required to issue a writ or writs of subpana ad testificandum, or any writ or writs of subpana duces tecum, on demand, in like manner as the same is or are issuable by the said Court of Exchequer in any cause, trial, suit, commission, or issue depending therein; and such writ or writs of subpæna ad testificandum and of subpæna duces tecum shall be directed to such person or persons, cominanding such person or persons to attend and give evidence as a witness or witnesses in such Court of Great Sessions, upon such cause, trial, commission, suit, or issue so prosecuted and depending therein; and such person or persons shall be compelled and compellable to attend the same, in like manner and under such penalties as if the said writ or writs had issued to command his, her, or their attendance in the said Court of Exchequer, in upon or concerning any suit, cause, trial, commission, or issue depending therein; and any such party, on whose behalf any such VOL IV. *G

88 a

5 Geo. IV.

No LII.

c. 106.

Witnesses residing out of the Jurisdiction of the Courts of Great Sessions may Writs to attend be subpoenaed such Courts. by Exchequer

No. LII.

6 Geo. IV.

c. 106.

Certain Writs may be issued by the Marshal

of the Court of Great Sessions.

New Trials to be moved for before the Courts of King's Bench Common

Pleas or Exchequer.

Transcript of Record for which a new

Trial shall be transmitted to

moved to be

the Court to which such application

writ or writs shall be issued, in default of obedience to any such writ or writs by the person or persons to whom the same may be directed, and on whom the same shall be served, shall have the like remedy against such person or persons for such default, as if the said writ or writs had issued from the said Court of Exchequer, to compel and require such person or persons to attend and give evidence there: Provided always, that in every case where a new cause or issue is commenced, it shall and may be lawful for the marshal of the said Court of Great Sessions in which such new cause or issue is commenced, in the name of a justice of such court, to issue such writs of subpana ad testificandum or of subpana duces tecum, as either of the parties to the said suit shall require; and in case of disobedience to any such writ, the parties shall have the like remedy in the said Court of Exchequer as if the said writ or writs had been directly issued out of that court.

II. And whereas it may be expedient, for the better and more perfect administration of justice in Wales, that the Court of King's Bench Common Pleas and Exchequer should in certain cases have the power of granting new trials of causes which have been commenced and been tried in the said Court of Great Sessions; be it therefore enacted by the authority aforesaid, That from and after the passing of this Act, it shall and may be lawful for any party or parties, who shall be dissatisfied with any verdict given or obtained, or nonsuit entered against him her or them, in any action which shall have been tried in any of the said Courts of Great Sessions, to apply by motion to any of the said Courts of King's Bench, Common Pleas, or Exchequer, sitting in Banco, for a rule to show cause why a new trial of such action should not be granted, or nonsuit set aside, and a new trial granted, or a verdict entered for the plaintiff or defendant, or a nonsuit entered, as the case may be, in the same manner as hath been usually heretofore done in actions depending in the said courts, and tried at Nisi Prius before any judge of assize, by virtue of any record issuing out of the said courts; and that thereupon it shall and may be lawful for the said courts to grant such rule, and proceed to hear and determine the merits of the same, in such manner and form as hath been heretofore done in actions depending in the said last-mentioned courts, and tried as aforesaid; and in case the courts shall make the said rule absolute, which they are hereby authorized and empowered to do, and order a new trial to be had between the parties in such action, that upon the party or parties who shall have obtained such rule delivering an office copy of such rule, so made absolute, to the proper officer of the court of great sessions where such cause was tried, all proceedings upon the former verdict or nonsuit, so obtained in the said Courts of Great Sessions, shall cease, and the said actions shall proceed to trial at the next or some other Great Sessions, to be holden in and for the county in which the same was tried as aforesaid, in like manner as if no trial had been had therein; or in case of a verdict being ordered to be entered for the plaintiff or defendant, or a nonsuit being ordered to be entered, as the case may be, judgment shall be entered accordingly.

III. And be it further enacted by the authority aforesaid, That a transcript of the record for which such new trial shall be moved, or motion made for altering the verdict, or entering or setting aside a nonsuit, certified by the prothonotary of the said Courts of Great Sessions respectively, or his deputy, shall be transmitted to the court to which such application shall be made as aforesaid, for the purpose of such motion for a new trial, or setting aside such nonsuit, and granting a new trial thereon, or entering a verdict for the plaintiff or defendant, or entering a nonsuit, and which transcript the said prothonotary or his deputy is hereby authorized and required to deliver on demand, on payment of the usual fee; and that the costs of such application for a new trial, and setting aside such nonsuit, or entering a verdict for plaintiff or defendant, or entering a nonsuit, shall be in the discretion of the said court to award and order to and by which party to such motion the same shall be paid: Provided always, that nothing herein contained shall be Courts of Great Sessions from granting new trials, &c.

shall be made.

Not to prevent

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