1787: 27 George 3 c.43: An Act for taking and swearing Affidavits to be made use of in the Court of Session of the County Palatine of Chester, and for taking of Special Bail in Actions and Suits depending in the same Court.
[Preamble.]
‘WHEREAS it hath been found inconvenient that no Person or Persons is or are impowered to grant Commissions for the taking or swearing of Affidavits, to be read and made use of in the Court of Session, otherwise called Great Session, for the County Palatine of Chester, before his Majesty’s Justices of the said Court, as well of Pleas of the Crown as of Common Pleas, and of all Manner of Pleas whatsoever, in the several Matters and causes depending, or hereafter to be depending, in the said Court; and that the Prothonotary of the said Court for the Time being, or his officiating Deputy, have not Power and Authority to take and swear such Affidavits as aforesaid, and to take Affidavits for the Justification of Special Bails, taken in Actions and Suits in the said Court; and also, that no Person or Persons is or are impowered to grant Commissions for the taking of Special Bails in Actions and Suits in the said Court;’ for Remedy whereof, 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,
[Justices of the Court of Session for the County Palatine of Chester may impower Persons to take Affidavits in Cases depending therein.]
That, from and after the passing of this Act, the Justices of the said Court for the Time being, or either of them, shall and may, by one or more Commission or Commissions, under the Seal of the said County Palatine, from Time to Time, as Need shall require, impower such and so many Person or Persons as they or either of them shall think fit or necessary, to take and receive all and every such Affidavit and Affidavits as any Person or Persons shall be willing to make, before any of the Persons so impowered, in or concerning any Cause, Matter, or Thing, depending, or hereafter to be depending, or in anywise concerning any of the Proceedings to be in the said Court, as the Justices of his Majesty’s Courts of King’s Bench and Common Pleas, the Lord Treasurer, and the Chancellor and Barons of the Court of Exchequer for the Time being, or any of them, do use to do;
[Prothonotary or his Deputy may take like Affidavits, &c.]
and also that, from and after the passing of this Act, it shall and may be lawful for the Prothonotary of the said Court of Session for the said County of Chester for the Time being, or his officiating Deputy ex officio, as Officers of the same Court, and without such Commission or Commissions as aforesaid, to take and receive all and every such Affidavit and Affidavits as aforesaid, in or concerning such causes, Matters, or Things as aforesaid; which said Affidavits, taken as aforesaid, shall be filed in the Office of the Prothonotary of the said County, and the same shall and may be read and made use of in the said Court, to all Intents and Purposes, as other Affidavits taken in the said Court now are; and that all and every Affidavit and Affidavits, taken as aforesaid, shall be of the same Force and Effect as Affidavits taken in the said Court now are;
[Persons forswearing themselves, liable to the same Penalties as for false Affidavits in open Court.]
and all and every Person and Persons forswearing him or themselves in such Affidavit or Affidavits, shall incur and be liable unto the same Pains and Penalties as he, she, or they would have incurred and been liable unto if such Affidavit or Affidavits had been made and taken in open Court; which said several Commissions shall be made out by the Prothonotary of the said Court of Session, upon a Fiat or Warrant from the said Justices for the Time being, or one of them;
[Manner of making out Commissions for taking Affidavits, &c.]
and the said Prothonotary shall cause an Entry to be made, in a Book to be kept for that Purpose of the Names of the Persons to whom such Commissions shall be from Time to Time granted, and of the respective Times when such Commissions shall be issued;
[Fees to be paid for such Commissions, and for taking Affidavits.]
and the following Fees shall be paid for each Commission, and no more; (to wit:) The Sum of two Shillings for the Fiat or Warrant; the Sum of four Shillings for making out the Commission, besides the King’s Duty, and the Value of the Parchment; and the Sum of four Shillings for sealing the same: And the said Prothonotary, and his officiating Deputy, and every Commissioner, or Person so impowered as aforesaid, shall take and receive, for the swearing of each Affidavit before him or them, the Sum or Fee of one Shilling, and no more:
[No Affidavit to be taken within a Mile of Chester Castle during the County Session.]
Provided nevertheless, That neither any Person appointed a Commissioner as aforesaid, nor the said Prothonotary, or his Deputy, shall take or swear any Affidavit within br taken within one Mile of the Castle of Chester during the Time of holding the Session for the said County.
[Justices of the said Court may impower Persons to take Recognizances.]
II. ‘And, to give greater Ease and Benefit to the Persons residing within the said County Palatine of Chester, in taking Recognizances of Special Bail in all Actions and Suits depending or to be depending in the said Court of Session;’ be it further enacted by the Authority aforesaid, That the Justices of the same Court for the Time being, or either of them, shall and may, by one or more Commission or Commissions under the Seal of the said County Palatine from Time to Time, as Need shall require, impower such and so many Person and Persons (other than common Attornies or Solicitors) as they or either of them shall think fit and necessary in the said County Palatine of Chester, to take and receive all and every such Recognizance or Recognizances of Bail or Bails, as any Person or Persons shall be willing and desirous to acknowledge or make before any Person so impowered, in any Action or Suit depending, or hereafter to be depending in the said Court, in such Manner and Form, and by such Recognizance or Bail Piece as Special Bails are usually, or by Law ought to be taken;
[Manner of making out Commissions for taking such Recognizances, &c.]
which said several last mentioned Commissions shall be made out by the Prothonotary of the said Court, upon a Fiat or Warrant from the said Justices for the Time being, or one of them, and which said Recognizance or Recognizances, Bail Piece or Bail Pieces, so taken as aforesaid, together with an Affidavit made of the due taking of the Recognizances of such Bail or Bail Piece, by some credible Person present at the taking thereof (and which Affidavit the Person so impowered to take the said Bail shall be, and hereby is authorised to take and swear), shall, within ten Days after the taking such Bail, be transmitted to the Office of the Prothonotary of the said County, there to be filed of Record upon Payment of the Sum of five Shillings and four Pence; and which Recognizance of Bail or Bail Piece, so taken and transmitted, shall be of like Effect as if the same were taken before the Justices of the said Court, in open Court;
[Fees to be paid for Commissions to take Recognizances.]
and the following Fees, and no more, shall be paid for each of the said last mentioned Commissions, and for taking the Acknowledgments of the Bail and Affidavits respecting the same; (to wit,) The Sum of two Shillings for the Fiat or Warrant; the Sum of seven Shillings and Sixpence for making out the Commission, besides the King’s Duty and Parchment; the Sum of four Shillings for the Seal; the Sum of five Shillings for taking every such Acknowledgment or Bail Piece; and the Sum of one Shilling for the swearing the Affidavit of the due taking thereof.
[Justices of the said Court may make Rules for justifying Bail by Affidavits before the Commissioners.]
III. And be it further enacted by the Authority aforesaid, That the said Justices for the Time being shall and may make such Rules and Orders for the justifying of such Bails, and making the same absolute, as to them shall seem meet, so that it may not be necessary 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 duly taken before any of the said Commissioners 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 shall be taken the Sum of one Shilling, and no more:
[Power of Protonotary, or his Deputy, to take Recognizances not to be affected by this Act.]
Provided also nevertheless. That nothing in this Act contained shall prevent the Prothonotary of the said Court for the Time being, or his officiating deputy, from taking and receiving ex officio, and as Officers of the said Court, Recognizances of Bails in Actions or Suits commenced, or hereafter to be commenced in the said Court, in such Manner as he and they have done, or by Law might do, and as if this Act had not been made.
[If any Person represent another in entering into special Bail, he shall be adjudged a Felon.]
IV. And it is further enacted by the Authority aforesaid, That any Person or Persons who shall, before any Person or Persons impowered by virtue of this Act, as aforesaid, to take Special Bail or Bails, represent or personate any other Person or Persons, whereby the Person or Persons so represented or personated may be liable to the Payment of any Sum or Sums of Money for Debt or Damages, to be recovered in the same Suit or Action wherein such Person or Persons is or are represented or personated, as if he, she, or they, had really acknowledged and entered into the same, being lawfully convicted thereof, shall be adjudged, esteemed, and taken to be a Felon or Felons, and shall suffer and incur the same Pains, Penalties, and Forfeitures, as Persons convicted of the like Offences are liable to by virtue of an Act, passed in the fourth Year of the Reign of King William and Queen Mary, intituled, An Act for taking Special Bails in the Country, upon Actions and Suits depending in the Courts of King’s Bench, Common Pleas, and Exchequer, at Westminster.
Source, Ruffhead, Statutes at Large, vol. 15.