Page:The statutes of Wales (1908).djvu/357

A.D. 1824] same is or are issuable by the said Court of Exchequer in any Cause, Trial, Suit, Commission, or Issue depending therein; and such Writ or Writs of Subpœna ad testificandum and of Subpœna duces tecum shall be directed to such Person or Persons, commanding such Person or Persons to attend and give Evidence as a Witness or Witnesses in such Court of Great Sessions, upon such Cause, Trial, Commission, Suit, or Issue so prosecuted and depending therein; and such Person or Persons shall be compelled and compellable to attend the same, in like Manner and under such Penalties as if the said Writ or Writs had issued to command his, her, or their Attendance in the said Court of Exchequer, in, upon, or concerning any Suit, Cause, Trial, Commission, or Issue depending therein; and any such Party, on whose Behalf any such Writ or Writs shall be issued, in Default of Obedience to any such Writ or Writs by the Person or Persons to whom the same may be directed, and on whom the same shall be served, shall have the like Remedy against such Person or Persons for such Default, as if the said Writ or Writs had issued from the said Court of Exchequer, to compel and require such Person or Persons to attend and give Evidence there: Provided always, that in every Case where a new Cause or Issue is commenced, it shall and may be lawful for the Marshal of the said Court of Great Sessions in which such new Cause or Issue is commenced, in the Name of a Justice of such Court, to issue such Writs of Subpœna ad testificandum or of Subpœna duces tecum, as either of the Parties to the said Suit shall require; and in case of Disobedience to any such Writ, the Parties shall have the like Remedy in the said Court of Exchequer as if the said Writ or Writs had been directly issued out of that Court.

2. And whereas it may be expedient, for the better and more perfect Administration of Justice in, that the Court of King's Bench, Common Pleas, and Exchequer should in certain Cases have the Power of granting new Trials of Causes which have been commenced and been tried in the said Court of Great Sessions; be it therefore enacted by the Authority aforesaid. That from and after the passing of this Act, it shall and may be lawful for any Party or Parties, who shall be dissatisfied with any Verdict given or obtained, or Nonsuit entered against him, her, or them, in any Action which shall have been tried in any of the said Courts of Great Sessions, to apply by Motion to any of the said Courts of King's Bench, Common Pleas, or Exchequer sitting in Banco,