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Y Cymmrodor. v. XIV. 1901.

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2 6 Enplish Law in Wales and the Marches.<br />

<br />

year, in Rex v. Lewis et al.,<br />

it was decided that a certiorari<br />

lies to move an indictment from the Glamorgan Quarter<br />

Sessions per saltum to the King's Bench, without going<br />

through the Great Sessions. Lord Mansfield, in his judgment<br />

in Mostyn v. Fabrigas, a case before alluded to, said:<br />

" If an action is brought here for a matter arising in<br />

Wales, you must show the jurisdiction<br />

of the Court in<br />

Wales. If there is no other mode of trial, that will give<br />

the King's Court jurisdiction." The Courts of Westminster<br />

were much sought after by Welsh litigants, who<br />

preferred them in important matters to the local tribunal,<br />

but they were also largely used in small matters where the<br />

plaintiff<br />

entered his action to be tried in the nearest<br />

English county. In 1773, by the 13 George III, cap. 51,<br />

entitled " An Actto discourage the practice of commencing<br />

frivolous and vexatious suits in his Majesty's Courts at<br />

Westminster in causes of action arising<br />

within the<br />

Dominion of Wales, and for further regulating the proceedings<br />

in the Courts of Great Session in Wales," the<br />

defendant in such an action tried at the assizes in the<br />

next English county was entitled to judgment if the<br />

plaintiff did not recover £10 debt or damages. This Act,<br />

which has been called " the Welsh Judicature Act", contamed<br />

various regulations as to the deputies of the Welsh<br />

judges, the striking of juries, the return of original writs,<br />

and other matters. It also empowered the judges of<br />

Great Sessions to apj>oint commissioners to take affidavits<br />

to be used in their courts, and to nominate persons (other<br />

than common attorneys or solicitors) to take recognizance<br />

of bail ; it also provided that certain penalties, given by<br />

statute and directed to be-recovered in the courts of West-<br />

minster, should be recoverable at the Great Sessions.<br />

But notwithstanding this Act, efforts were still made<br />

to reform or abolish the Welsh Judicature, the reason of

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