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No. The sum of six shillings for taking every such acknowledgment or XLIX. a.
bail piece: 34 Geo. III. And the sum of one shilling for the taking of the affidavit or affirm
ation of the due taking thereof. C, 46.
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 Justices of the make such rules and orders for the justifying of such hails, and making court maymake the same absolute, as to them shall seem meet, so that it may not be rulesforjustifying bail, &c.
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.
officers of the said court, recognizances of bails in actions or suits
not been made. Persons swear
IV. And be it further enacted, that if any person or persons who shall ing falsely to be make any affidavit or affirmation of the due taking of the recognizance liable to the of any bail, or for the jostification of any bail, or otherwise in relation same penalties thereto, in any suit or action depending, or to be hereafter depending, as would have in the said court, shall falsely swear, or falsely affirm in or by his or been incurred their said affidavit or affirmation respectively, every such person and in Courts of Record at Westpersons shall incur and be liable unto the like pains and penalties
as he, minster.
she, or they, would have incurred and been liable unto, if such affidavit
Majesty's Courts of Record at Westminster.
V. And be it further enacted, That any person or persons who shall, senting others before any person or persons empowered by virtue of this Act as aforewho may there- said to take special bail or bails, represent or personate any other perby be liable to the payment of
son or persons, whereby the person or persons so represented or per
sonated money, to be
may be liable to the payment of any sum or sums of money for deemed felons,
debt or damages to be recovered in the same suit or action wherein
[ No. L. ] 34 George III. c. 58.-An Act to prevent
the Removal of Suits from the Inferior Courts in
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
most excellent Majesty, by and with the advice and consent of the Lords No. L. Spiritual and Temporal, and Commons, in this present Parliament as- 34 Geo. II. sembled, 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 any inferior court No execution 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
&c. in any insureties, such as the court (wherein such judgment is or shall be given) ferior court in shall allow of, shrall, 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 dainages to be awarded for the same delaying of execution. II. And be it further enacted, That no cause, where the cause of ac
nor any action tion shall not amount to the sum of ten pounds or upwards, shall be forlessthan 101. removed or removeable froin any court of inferior jurisdiction into the be removed Court of Common Pleas at Lancaster, by any writ of pone accedas ad from any infecuriam certiorari, or otherwise, unless the defendant, who shall be de- rior court into sirous of removing such cause, shall enter into the like recognizance the Common as aforesaid, for payment of the debt, or damages and costs, in case Pleas of the judgment shall pass against him; any law or statute to the contrary
said county. thereof notwithstanding.
[ No. LI.] 39 & 40 George III. c. 105.-An Act for
the better regulating the Practice, and for prevent-
mon Pleas at Lancaster.—[281h July 1800.] :WHEREAS many delays and difficulties exist in the practice of 39 & 40 George
III. c. 105. palatine of Lancaster, by reason that the commencement and continuance of suits and proceedings in the said court have relation to the • times of the teste of the original writs whereupon such suits and pro
ceedings are grounded, and to the assizes at which such writs are re* turnable, 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, Plaintiffs or may it please your Majesty that it may be enacted ; and be it enacted defendants by the King's most excellent Majesty, by and with the advice and con- may plead and sent of the Lords Spiritual and Temporal, and Commons, in this present give evidence Parliament assembled, and by the authority of the same, That, from of any cause of and after the passing of this Act, it shall and may be lawful to and for action, or any any plaintiff or plaintiffs, defendant or defendants respectively, in any thing in bar of personal suit or action, or in any action of trespass and ejectment here- any suit, proafter to be depending in the said court
, to declare upon, plead, and give shall happen evidence of any cause or causes of action, or any matter or thing, mat
prior to the isters or things, in bar or preclusion of any such suit or action, or any suing of the other matters or things whatsoever, provided the same shall have ac- writ of capias crued or happened, or shall hereafter accrue or happen, prior to the day ad respondenof the actual signing and issuing of the writ of capias ad respondendum, dum, &c. or or other process, first actually issued forth in such personal suit or ac- prior to the day tion, or prior to the day of the actual serving of any declaration or de- of actual serclarations in any such action of trespass and ejectment, notwithstand- vice of any ing such cause or causes of action, matters or things, shall or may not declaration in have accrued prior to the teste and return of the original writ or
ejectment; not. withstanding
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 c. 105.
is or are, or shall or may be filed and recorded ; and that no advantage the cause of
shall be taken by reason of any such cause or causes of action, matters, action shall not
or things as aforesaid, having accrued or being stated to have accrued have accrued
subsequent to the teste and return of such original writ or writs, or prior to the subsequent to the assizes or other the time last abovementioned, or teste and re- any of them, by or upon demand of oyer of any original writ, plea turn of the ori- in abatement, demurrer to any pleading or pleadings, demurrer to ginal writ, &c, evidence, bill of exceptions, writ of error, or any other process or proNo advantage ceedings whatsoever. shall be taken by reason of any action having accrued subsequent to such teste and return, &c. Process issuing II. And be it further enacted, That from and after the passing of this out of court
Act, any writ or writs of inquiry of damages, scire facias, and any jumay be return- dicial or other process whatsoever hereafter to be issued forth and out able according of the same court in any action or suit hereafter to be depending in to the present the said
court, (except such process as may, according to the present practice, or on any of the re
course and practice of the said court, be made returnable on the first turn days in
Wednesday of any month,) shall and may be awarded, made and isEaster and Mi- sued forth returnable either upon or at the several days and times chaelmas whereupon the same may now be made returnable respectively, aeterms, accord-cording to the present course and practice of the said court, or reing to the court turnable on any of the return days in Easter and Michaelmas terms of Common
respectively, according to the course of His Majesty's Court of ComPleas at West- mon Pleas at Westminster; and that such writs may be proceeded minster, &c.
upon, and judgment entered, and execution issued thereon, tested
tion issued, within the space of ten days next after the day of the reentered or exe- turn of any such writ of inquiry of damages or scire facias, made recution issued
turnable under the authority of this Act, exclusive of the day of such within ten clear days af
return and the day of entering such final judgment, or issuing forth ter the day
of such execution. of the return of the writ of inquiry or scire facias, &c. Parties not de
IV. And provided always, That nothing herein contained shall be barred from construed to debar any party or parties froin moving in arrest of moving in ar- judgment, or bringing a writ of error, in the same manner as he or they rest of judg- might have done before the making of this Act. ment.
V. Provided always, and be it enacted, That nothing in this Act conProceedings tained sball alter, vary, or affect any proceedings in any action already commenced
commenced, and now depending in the said Court of Common Pleas at shall not be
VI. And be it further enacted, That this Act shall be adjudged,
notice of as such, by all judges, justices, and other persons whomso-
(No. LII. ] 5 George IV. c. 106.-An Act to enlarge and extend the Power of the Judges of the several Courts of
No LII. Great Sessions in Wales, and to amend the Laws relating 5 Geo. IV, to the same.—[24th June 1824.]
c. 106. WHEREAS difficulties have arisen in his Majesty's Courts of Great 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 inaking 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 limiis 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 frivo. lous 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 tines 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 Witnesses reoften as the attendance of any person or persons shall or may be deemed siding out of necessary as a witness or witnesses to give evidence in about or con. the Jürisdiccerning any suit, cause, trial, commission, or issue, prosecuted, brought, tion of the and depending in or before any of the said Courts of Great Sessions; and Courts of Great 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 be subpænaed of Great Sessions, where such his, her, or their attendance may so be Writs to attend
hv Exchequer deemed necessary, but be resident at such time in England or Wales, in such Courts. 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 subpæna ad testificundum, or any writ or writs of subpæna 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 subpana ad testificundum 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 wiza nesses 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 ar 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,
No. LII. writ or writs shall be issued, in default of obedience to any such writ or 6 Geo. IV. writs by the person or persons to whom the same may be directed, and c. 106.
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 Certain Writs person or persons to attend and give evidence there : Provided always, may be issued that in every case where a new cause or issue is commenced, it shall and, by the Marshal may be lawful for the marshal of the said Court of Great Sessions in which of the Court
such new cause or issue is commenced, in the name of a justice of such of Great Ses
court, to issue such writs of subpæna ad testificandum or of subpæna duces sions.
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. New Trials to II. And whereas it may be expedient, for the better and more perfect be moved for administration of justice in Wales, that the Court of King's Bench Combefore the mon Pleas and Exchequer should in certain cases have the power of Courts of
granting new trials of causes which have been commenced and been tried King's Bench in the said Court of Great Sessions; be it therefore enacted by the authoCommon Pleas or Ex
rity aforesaid, That from and after the passing of this Act, it shall and chequer.
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 nunsuit 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 rial 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. Transcript of
III. And be it further enacied by the authority aforesaid, "That a Record for
transcript of the record for which such new trial shall be moved, or wbich a new
motion made for altering the verdict, or entering or setting aside a nonTrial shall be
suit, certified by the prothonotary of the said Courts of Great Sessions moved to be transmitted to respectively, or his deputy, shall be transmitted to the court to which the Court to such application shall be made as aforesaid, for the purpose of such mpwhich such tion for a new trial, or setting aside such nonsuit, and granting a new application trial thereon, or entering a verdict for the plaintiff or defendant, or shall be made. 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 Not to prevent shall be paid : Provided always, that nothing herein contained shall be Courts of Great Sessions from granting new trials, &c.