Page:The statutes of Wales (1908).djvu/343

A.D. 1773] of January, one thousand seven hundred and seventy-four, in case the Plaintiff in any Action upon the Case for Words, Action of Debt, Trespass on the Case, Assault and Battery, or other personal Action, where the Cause of such Action shall arise within the Dominion of, and which shall be tried at the Assizes, at the nearest English County to that Part of the said Dominion of , in which the Cause of Action shall be laid to arise, shall not recover, by Verdict, a 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 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 Judgement Roll, a Judgement of Nonsuit shall be entered against the Plaintiff, and such Defendant or Defendants shall be intitled to, and have like Judgement 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 the Land mentioned in the Plaintiff's Declaration was chiefly in question, or that such Cause was proper to be tried in such English County.

2. And, in order to prevent transitory Actions, where the Cause of Action does not amount to ten Pounds, arising within the Principality of, from being brought in any of his Majesty's Courts of Record out of the said Principality, be it further enacted, That in all transitory Actions arising within the said Principality, which from and after the first Day of January, one thousand seven hundred and seventy-four, shall be brought in any of his Majesty's Courts of Record out of the said Principality of , and the Venue therein, shall be laid in any County or Place out of the said Principality, and the Debt or Damages found by the Jury, shall not amount to the Sum of ten Pounds, and it shall appear upon the Evidence given on the trial of the said Cause, that the Cause of Action arose in the said Principality of , and that the Defendant or Defendants were resident in the Dominion of at the Time of the Service of any Writ, or other mesne Process served on him, her, or them, in such Action, and it shall be so