Page:The statutes of Wales (1908).djvu/349

A.D. 1773] in all and every the several Shires and Counties within their respective Circuits in the said Dominion of, to take and receive all and every such Recognizance or Recognizances of Bail or Bails, as any Person or Persons shall be willing or desirous to acknowledge or make before any of the Persons so impowered in any Action or Suit depending, or hereafter to be depending, in the said respective Courts, or any of them, in such Manner and Form, and by such Recognizance or Bail Piece, as the Justices of the said Courts of Great Sessions respectively have used to take the same; 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, shall be transmitted to the Prothonotary's Office, there to be filed of Record, paying such Fees as have usually been received for the taking of Special Bails by the Justices' Clerks, and other Officers of the said respective Courts, which Recognizance of Bail or Bail Piece, so taken and transmitted, shall be of the like Effect, as if the same were taken before any of the said Justices; for the taking of every which Recognizance or Recognizances of Bail or Bail Piece, the Person or Persons so impowered shall receive only the Sum of, or Fee of, two Shillings, and no more.

13. And be it further enacted by the Authority aforesaid, That the said Justices of Great Sessions, in their respective Courts, 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 as the Cognizor or Cognizors of any such Bail or Bails be not compelled to appear in Person in any of the said Courts, to justify him or themselves; but the same may be, and is hereby directed to be determined by Affidavit or Affidavits, duly taken before the said Commissioners, touching the Value of their respective Estates.

14. Provided always, That the Attorney for the Defendant or Defendants shall give Notice to the Plaintiffs Attorney of the taking of such Bail within Eight Days after the Caption thereof, and that the Plaintiff shall be at Liberty, within Eight Days after such Notice, to take Exception to such Bail, and enter the same in the Prothonotary's Office; and such Exception having been taken, the Bail shall be justified before the Justices, before the Rising of the Second Court at the ensuing Sessions; and the Bail Bond taken by the Sheriff, Under Sheriff, or other Officer, for the Defendant's