Court of Great Sessions (Wales) Act 1824
| Jurisdiction | UK Non-devolved |
| Citation | 1824 c. 106 |
| Year | 1824 |
(5 Geo. 4) C A P. CVI.
[24th June 1824]
'WHEREAS Difficulties have arisen in His Majesty's Courts of Great Sessions inWales 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but by reason of their Residence being out of the Limits of the Jurisdiction of the said Courts, or of their having withdrawn themselves therefrom, are not amenable to the Process thereof: And Whereas it is advisable that further Provisions be made for discouraging the Practice of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 inEngland 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 Subpoena ad testificandum , or any Writ or Writs of Subpoena 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 Subpoena ad testificandum and of Subpoena duces tecum shall be directed to such Person or Persons, commanding 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 Issuedepending therein; and any such Party, on whose Behalf any such 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 Personor 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 ofSubpoena ad testificandum or of Subpoena 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 inWales , 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, Thatfrom and after the passing of this Act, 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 sittingin 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 atNisi 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 Verdictbeing 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 Transcript of Record for which new Trial moved to be transmitted to Court to which Application made.
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 Courtto award and order to and by which Party to such Motion the same shall be paid: Provided always, that nothing herein contained shall be deemed or taken to prevent any of the said Courts of Great Sessions from granting any new Trial, or setting aside any Nonsuit, or entering a Nonsuit, or altering a Verdict, according to any Rule established therein.
IV Oaths to be administered by the Court, &c.
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 made, or any Commissioner appointed to take Affidavits therein, to administer an Oath to any Person or Persons making an Affidavit either to obtain such Rule, or show Cause against the same as aforesaid; and every Person or Persons forswearing 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 contained shall extend or be construed to...
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