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deemed or taken to prevent any of the said Courts of Great Sessions from No. LII. granting any new trial, or setting aside any nonsuit, or entering a non- 5 Geo. IV. suit, or altering a verdict, according to any rule established therein.

c. 106. IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said court, to which such applications shall be

Oaths to be made, or any Commissioner appointed to take affidavits therein, to admi

administered uister an oath to any person or persons making an affidavit either to ob- hy the Court, tain such rule, or show cause against the same as aforesaid; and every &c. person or persons for swearing him her or themselves in such affidavit or affidavits, shall incur and be liable to the same penalties as if such affidavit or affidavits had been made and sworn in an action depending in the said court : Provided always, that nothing in this Act con- Execution not tained shall extend or be construed to extend to stay or delay the enter- to be stayed ing up judgment which shall have been given or obtained in any action unless Bail be in any of the said Courts of Great Sessions, and suing out execution given to anthereon, unless the party or parties intending to apply under the provi. swerDamages, sions of this Act for a new trial thereof, or for alteration of the verdict, &c. or entering or setting aside a nonsuit, with two sufficient sureties, such as the Court of Great Sessions wherein such action shall be depending shall allow of, shall first before such stay made be bound unto the party or parties for whom such verdict or nonsuit shall have been given or obtained, by recognizance to be acknowledged in the same court, in such reasonable sum as the same Court of Great Sessions shall think fit, to make and prosecute such application for such new trial or alteration of verdict, or entering or setting aside a nonsuit; and also to satisfy and pay, if such application shall be refused, all and singular the debts damages and costs adjudged and to be adjudged in consequence of the said. verdict, or nonsuit, in the said Court of Great Sessions, and all costs and damages to be also awarded for the delaying of execution thereon; and upon such recognizance being entered into, the said Court of Great Sessions is hereby authorized to stay all proceedings in such action; and further, that the entering up of judgment, in any of the said Courts of Great Sessions, in any writ of dower or action of ejectment, and suing out execution thereon, shall not be stayed, unless the party or parties intending to apply for a new trial, or to alter the verdict, or set aside a nonsuit iherein under the provisions of this Act, shall be bound in manner aforesaid unto the party or parties in whose favour such verdict or judgment of nonsuit shall have been given or obtained, in such reasonable sums as the Court of Great Sessions in which such action shall be depending shall think fit, with condition, that if such application shall not be made and prosecuted, or shall be refused, the party or parties so intending to make such application shall pay such costs damages and sum or sums of money as shall be awarded by the said Court of Great Sessions, in case no such application shall have been made and prosecuted, or after such application shall have been refused; and upon such recognizance being entered into, the said Court of Great Sessions is hereby authorized to stay all proceedings in such action.

V. And to the end that the same sum and sums and damages may be On failure of ascertained, it is further enacted, That the Court of Great Sessions Application, a wherein such action shall be depending, upon such failure to make and Writ shall isprosecute such application, or such refusal as aforesaid, shall issue a sue to inquire writ (if necessary) to inquire as well of the mesne protits as of the into mesne damages by any waste committed after such verdict or nunsuit in such profits and dawrit of dower or action of ejectment shall have been given or ob- mages. tained; and upon the return thercot, judgment shall be given, and execution awarded for such mesne profits and damages, and also for costs of suit.

VI. And whereas all writs of execution issued upon judgments ob Appointing tained in the said Courts of Great Sessions in Wales, are now returnable time of returnonly at the Great Sessions held for the respective counties; and Sheriffs ing Writs of frequently delay executing the same for many months, and often refuse Execution upto make returns to such writs, or to pay over the money received by

on Judgments

obtained in

the Courts of Great Sessi # G 2

c. 106.

No. LII. them; and Sheriffs may also refuse to return bailable processes, return- · 5 Geo. IV. able in the vacation, antil the following Great Sessions, to the great

prejudice of the suitors of the said court; for remedy whereof, and facilitating the proceedings of the said courts, be it enacted by the authority aforesaid, That from and after the passing of this Act all writs of execution upon judgments obtained in the said Courts of Great Sessions shall and may be made returnable before the Judges of such courts respectively, on the common day in each of the two vacations annually betwixt the two sessions (being the first days of Trinity Term after the Spring Sessions, and the first day of Hilary Term after the Autumn Sessions), or on the first day of the next sessions, at the election of the party or parties obtaining such judgment, his her or their attorney, who shall sue out the same; and that the Sheriffs (to whom any such writ of execution, or bailable writ issued out of the said courts, returnable in the vacation, shall be delivered) shall make due returns of such writs at the time the same shall be returnable, and file such writs and returns with the proper officer of such courts, or as soon afterwards as such Sheriff

shall be called upon by a rule of the same courts. Prothono- VII. And be it further enacted by the authority aforesaid, That from taries to grant and after the passing of this Act it shall and may be lawful to and for the Rules for the respective prothonotaries of the said courts or such other officers as the Sheriffs in Va. Judges of the said courts respectively shall appoint, to grant rules for the cation to re

Sheriffs in the vacation to return such writs of execution and bailable turn Writs.

processes as shall be returnable in the vacation, in such manner and under such regulations as the said justices of the said court shall appoint for that purpose ; and in case any Sheriff shall refuse or decline to return any writ within six days after the service of such rule on him or his deputy, such Sheriff shall be in the like contempt, and answerable in the same manner as if such rule had been made by the said Judges at

sessions. Rules made in VIII. And be it further enacted, That after the passing of this Act it Vacation as to shall and may be lawful to and for the said prothonotaries, or such other Plaintiff's De- officer as aforesaid, to grant rules in the vacation for a particular of the mand and de- plaintiff's demand, and of defendant's set-off, and for leave to plead sefendant's Set- veral matters, or to pay money in stay of proceedings, or to sign judg

ment for want of a plea, in any action depending in the said court, under such regulations as the said Judges shall appoint for that purpose.

IX. And be it further enacted by the authority aforesaid,' That from Power to issue Commissions and after the passing of this Act it shall and may be lawful for the Judges directed to Per. of the said Courts of Great Sessions respectively, and the Judges of such sons out of the courts are hereby authorized and empowered to issue commissions to Jurisdiction persons resident out of the jurisdiction of such courts, for the purpose

of for taking Ex- taking answers examinationis' and affidavits, and for the examinations of aminations, witnesses in causes in equity, and also for the taking of affidavits and the &c.

examination of witnesses at law, in such manner and in such cases as the said Court of Exchequer has been used to issue the same, as occasion shall require, and of administering oaths to the persons putting in such answers and examinations, and inaking such affidavits, and being ex

amined as witnesses. Persons for

X. And it is hereby further enacted by the authority aforesaid, That swearing he. all and every person or persons forswearing him her or themselves in any fore a Com- answer or affidavit, or in any deposition or examination, taken and sworn missioner li- before any Commissioner appointed by virtue of this Act, shall incur and able to Penal- be liable to the same penalties as if such answer or affidavit, deposition ties.

or examination, had been taken and sworn in any suit in equity depending

in the said Court of Exchequer, or in any action depending in the said Power to

XI. And it is hereby further enacted, That from and after the passing Judges to

of this Act it shall and may be lawful for the Judges of the said Courts of make Orders in Actions at Great Sessions, and they are hereby authorized and empowered in all cases

at law, when the said courts shall be sitting in any county within the County within limits of such courts respectively, to make such rules and orders in suits the Jurisdic- at law instituted and depending in the other counties within their juristion.

off, &c.

court.

diction, as to them the said Judges shall seem meet, and occasion shall No. LII. require; and such rules and orders shall be as valid and effectual in the 5 Geo. IV. law and as binding upon the parties as if the same had been made in the

c. 106. particular county in which such suits were instituted.

XII. And it is hereby further enacted, That from and after the passing Power to of this Act it shall and may be lawful for the Judges of the said Courts of Great Sessions, and they are hereby authorized and empowered, in all make Orders

Judges to cases, both at law and in equity, when the said courts shall not be sitting out of the Juin Wales, to hear motions and petitions, and make such rules and orders risdiction of thereon in vacation, and out of the jurisdiction of the said courts, as to the Courts in them the said Judges shall seem meet, and occasion shall require; and the Vacation. such rules and orders shall be as valid in the law and as binding upon the parties as the same would or might have been in case the saine had been made in Wales, within the jurisdiction of the said courts, and during the sitting thereot.

XIII. And whereas doubts and difficulties arise as to serving process Writs may in actions within the respective Courts of Great Sessions, where the cause issue from one of action arises in one county, and the defendant or defendants reside in County to ananother county, each such counties being within the same jurisdiction of other. such Court of Great Sessions respectively; be it declared and enacted by the authority aforesaid, That from and after the passing of this Act, whenever a cause of action shall arise in one county and the defendant or defendants shall reside in another county, such counties as last aforesaid being within the same jurisdiction of the said Courts of Great Sessions respectively, it shall and may be lawful that any writ or writs to commence any action within any of the Courts of Great Sessions, shall and may issue, directed to the Sheriff of such county wherein such defendant or defendants may reside, such last-mentioned county being within the same jurisdiction of the said Courts of Great Sessions respectively, notice being endorsed on such writ of the county wherein such action is brought, and which said writ or writs shall be deemed legal process to compel such defendant or defendants to appear to such action or actions.

XIV. And be it further enacted, That from and after the passing of this Act, in all cases in which judgments shall have been obtained in the

Prothono

taries may Courts of Great Sessions respectively, it shall and may be lawful for the

issue testatum prothonotary of the circuits of the said Courts of Great Sessions within

Executions which such judgment has been obtained, and he is hereby required, upon against Dethe application of the person or persons so obtaining the same, to issue a fendants in testatum execution against the defendant or defendants, his her or their any County goods and chatiels, directed to the Sheriff of any of the counties within within the the same jurisdiction of such Court of Great Sessions, although such Jurisdiction. county is not the county within which such judgment was obtained, in such and the same manner, and with the same force and effect as testatum executions are issued from the courts at Westminster into any county on judgments in ons where venue is laid in another county.

XV. And be it further enacted by the authority aforesaid, That in all Power to encases in which any person shall have commenced any suit, or have force Orders, entered any appearance in any suit at law or in equity instituted in any &c. against of the said Courts of Great Sessions, or shall have come in as a creditor or Persous repurchaser, or otherwise submitted to the jurisdiction of the said Courts of moving out of Great Sessions, but by reason of his or her residence out of the jurisdic- Jurisdiction tion of such courts, or having withdrawn theretrom, his or her person or

by Process

from the goods cannot be made amenable to the process thereot, it shall and may Courts at be lawful for the said Court of Exchequer in all suits and matters in

Westminster. equity, and in all suits and matters at law for the said Court of Exchequer, and also for the said Courts of King's Bench and Common Pleas, upon a certificate from the proper officer of the said Courts of Great Sessions, of such commencement of suit, or of such appearance having been entered or such submission made, and upon a transcript or of fice copy of such rule order or decree being duly certified to the said Court of Exchequer in matters of equity, or in matters of law to the said Court of Exchequer or the said Courts of King's Bench and Common Pleas, together with an affidavit of a due service of a copy of such rule

cases.

No. LII. order or decree, and of the non-performance thereof, to issue an attach5 Geo. IV. ment or other process for enforcing obedience to the same, in such c. 106.

manner as is usual for the purpose of enforcing obedience to the rules

orders and decrees of such court. Power to dis

XVI. And whereas it is expedient that the Judges of the said Courts miss Officers

of Great Sessions should have full power over the officers thereof; be it in certain therefore enacted by the authority aforesaid, That from and after the

passing of this Act it shall and may be lawful for the Judges of the said courts, and they are hereby authorized to remove any officer of the said courts, or his deputy, for peculation extortion or other misconduct, and appoint a new officer or deputy in the room of the person so removed ; any law usage or custom to the contrary notwithstanding: Provided always, that nothing in this clause contained shall authorize such Judges to dismiss on their own authority any officer of the said courts nominated

and appointed by the Crown. Officers of the XVII. And whereas it is expedient that security shall hereafter be Court to find given for any sum or sums of money paid into any of the said Courts of Security. Great Sessions for and on account of any party or parties to any suit

therein; be it further enacted, That from and after the passing of this Act the Judges of the said several Courts of Great Sessions shall and may, within their respective jurisdictions, have and take, and are hereby required to have and take, from any officer or officers of such courts respectively, and hereafter to be appointed, within three calendar months next after such appointment, and as often after as occasion may require, such security as to such Judges shall seem proper for and concerning the accounting for all and every sum and sums of money which such officer or officers shall receive in any cause or suit at law or in equity pending in any such Court of Great Sessions, and which said sum or sums of money shall be paid into any such court by any person in any suit therein, and received by any such officer or officers as is or are or shall be accustomed or authorized to receive the same ; such security to be given by recognizance, or otherwise, as the said Judges shall direct, binding every such officer or officers, together with two or more sufficient sureties, in such penal sum or sums as to the said Judges shall seem proper, for the due accounting for all and every such sum or sums of money so

paid. Power to se

XVIII. And it is hereby further enacted by the authority aforesaid, cure the Suit- That it shall and may be lawful for the Judges of the said Courts of ors' Money Great Sessions, and they are hereby anthorized and empowered, in all by paying cases in which they shall think fit, to order and direct any sum or sums same into the of money belonging to the suitors of the said Courts of Great Sessions to Bank in the

be paid into the Bank of England, in the name and with the privity of the name of the

the Accountant-General of His Majesty's Court of Exchequer at WestAccountant

minster, subject to the order and decree of the Court of Great Sessions at General of the the instance of which it shall be so paid in; and the said AccountantCourt of Ex. chequer. General is hereby directed to obey the orders and decrees of such Court

of Great Sessions in regard thereto, in like manner as he obeys the orders and directions of the said Court of Exchequer, and to act and do all matters and things relating to the delivering, securing, and investing of the money so ordered to be paid, and the payment selling and transferring of the same, and the keeping the accounts with the Bank of England, and other matters relating thereto, in the like manner as he acts and does all matters and things relating to the delivery securing and investing of the money and effects of the suitors of the said Court of Exchequer, and the payment selling and transferring of the same, and the

keeping the accounts or other matters relating thereto. So much of

XIX. And whereas by an Act of Parliament made in the thirteenth 13G. III. c.51. as to Actions

year of His late Majesty's reign, intituled An Act to discourage the Practice arising in

of commencing, frivolous und veratious Suits in His Majesty's Courts at WestWales and

minster, in Cunses of action arising within the Dominion of Wales, and for tried at the further regulating the Proceedings in the Courts of Great Sessions in Wales, Sessions at the it is enacted, that in case the plaintiff in any action upon the case for nearest English County repealed.

re

words, action of debt, trespass on the case, assault and battery, or other No. LII. personal action, where the cause of such action shall arise within the 5 Geo. IV. dominion of Wales, and which shall be tried at the assizes at the nearest

c. 106. English county to that part of the said dominion of Wales in which the cause of action shall be laid to arise, shall not recover by verdict debt or damages to the amount of ten pounds, in such case, if the Judge who tried the cause, on evidence appearing before him, shall certify on the back of the record of Nisi Prius, that the defendant or defendants was or were resident in the dominion of Wales at the time of the service of the writ or other mesne process served on him her or them in such action, on such fact being suggested on the record or judgment roll, judgment of nonsuit shall be entered against the plaintiff; and such defendant or defendants shall be entitled to and have like judgment 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 land was chiefly in question, or that such cause was proper to be tried in such English county: And whereas it is expedient that so much of the said Act as is herein recited should be repealed, and other provisions be made in lieu thereof; be it therefore enacted, That so much of the said Act as has been herein recited be and from lienceforth shall stand absolutely repealed, and is hereby repealed.

XX. And whereas it is also expedient that so much of the said Act of So much of the Thirteenth year of his late Majesty's Reign which relates to prevent 13G. III.c.5l. transitory actions, where the cause of action does not amount to as relates to ten pounds, arising within the said principality, from being

brought in transitory Acany of his Majesty's Courts of Record out of the said principality, be

tions within

Wales, pot pealed, and other and further provisions substituted in lieu thereof; be

amounting to it therefore enacted by the authority aforesaid, That so much of the said 101, repealed. last-mentioned Act be and is hereby repealed.

XXI. And be it further enacted, That in all actions upon the case for Actions words, action of debt, trespass on the case, assault and battery, or other brought out personal action, and all transitory actions, which from and after the sixth of the Princiday of November which shall be in the year of our Lord one thousand pality of eight hundred and twenty-four, shall be brought in any of his Majesty's Wales, where

the Debt or Courts of Record out of the principality of Wales, and the debt or damages found by the jury shall not amount to the sum of fifty pounds and it

Damage found

sball not shall appear upon the evidence given on the trial of the said cause, that

amount to 501. the cause of action arose in the said principality of Wales, and that the and where the defendant or defendants was or were resident in the dominion of Wales same shall be at the time of the service of any writ or other mesne process, served on proved to have him her or them in such actions, and it shall be so testified under the arisen in hand of the judge who tried such cause, upon the back of the record of Wales, DefenNisi Prius (on such facts being suggested on the record or judgment dants to reroll), a judgment of nonsuit shall be entered thereon against the plaintiff cover Costs of

Suit. or plaintiffs, and the plaintiff or plaintiffs shall pay to the defendant or defendants in such action, his her or their costs of suit, and the defendant and defendants shall have like remedy to recover the same as in the case of a verdict given for the defendant or defendants in such action; and in the taxation of all costs allowed and given to the defendant or defendants, 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 her 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 commenced in any court whatsoever by the plaintiff or plaintiffs for the same.

XXII. Provided always, and be it further enacted, That nothing in Certificate to this Act contained shall bar or preclude any person or persons from be made by commencing and carrying on any action, and which may be tried at the Judge in

cases where Assizes at the nearest English county to that part of the said dominion of

the cause of Action has commenced in Wales and tried in Englar

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