Y Cymmrodor. v. XIV. 1901.
Y Cymmrodor. v. XIV. 1901.
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