Page:The statutes of Wales (1908).djvu/353

A.D. 1793] Execution, remove their Persons and Effects beyond the Jurisdiction of such Courts, be it enacted. That in all cases where final Judgment shall be obtained in any Action or Suit, in any of the said Courts, it shall and may be lawful to and for any of his Majesty's Courts of Record at Westminster, upon Affidavit made before a Judge, or Commissioner authorised to take Affidavits in such Court, and filed therein of such Judgment being obtained, and diligent Search and Enquiry having been made after the Person or Persons against whom such final Judgment shall be obtained, and that the Person or Persons, or Effects of such Person or Persons, are not to be found within the Jurisdiction of such Court, to cause a Transcript of the Record of the said Judgment to be removed into such Court at Westminster; and to issue Writs of Execution thereupon to the Sheriff of any County, City, Liberty or Place, against the Person or Persons, or Effects of such Person or Persons, against whom such final Judgment shall be obtained, in such Manner as upon Judgments obtained in the said Courts at Westminster; and the Sheriff upon every such Execution shall, and he is hereby authorised to detain the Person or Persons against whom such Execution shall be issued, until the sum of 40s. be paid to him, or to levy that Sum out of the Effects, according to the Nature of the Execution, for the extraordinary Costs of the Person or Persons by whom such final Judgment shall be obtained in such Court subsequent to the said Judgment, and of the Execution in the said Court at Westminster, over and above the Money for which such Execution shall be issued.

2. And whereas by 34 8, c. 26, it is, amongst other Things, enacted, That the Sheriff of the several Counties or Shires in, in the said Act mentioned, upon every Judgment had before him in his County or Hundred Court, in any Plaint under 40s. may award a Capias ad satisfaciendum to arrest the Party condemned; and it is also enacted. That no Execution of any Judgment given or to be given in any Court in the said Act mentioned, be stayed or deferred by reason of any Writ of False Judgment, but that Execution may be had and made at all Times before the Reversal of the said Judgment, the pursuit of the said Writ notwithstanding; be it further enacted, That the several Clauses aforesaid in the said Act shall be, from and after the passing of this Act, repealed.

3. Provided always, and be it further enacted, That no Execution