Page:The statutes of Wales (1908).djvu/360

228 a Nonsuit therein under the Provisions of this Act, shall be bound in Manner aforesaid unto the Party or Parties in whose Favour such Verdict or Judgment of Nonsuit shall have been given or obtained, in such reasonable Sums as the Court of Great Sessions in which such Action shall be depending shall think fit, with Condition, that if such Application shall not be made and prosecuted, or shall be refused, the Party or Parties so intending to make such Application shall pay such Costs, Damages, and Sum or Sums of Money as shall be awarded by the said Court of Great Sessions, in case no such Application shall have been made and prosecuted, or after such Application shall have been refused; and upon such Recognizance being entered into, the said Court of Great Sessions is hereby authorized to stay all Proceedings in such Action.

5. And to the End that the same Sum and Sums and Damages may be ascertained, it is further enacted. That the Court of Great Sessions wherein such Action shall be depending, upon such Failure to make and prosecute such Application, or such Refusal as aforesaid, shall issue a Writ (if necessary) to inquire as well of the Mesne Profits as of the Damages by any Waste committed after such Verdict or Nonsuit in such Writ of Dower or Action of Ejectment shall have been given or obtained; and upon the Return thereof. Judgment shall be given, and Execution awarded for such Mesne Profits and Damages, and also for Costs of Suit.

6. And whereas all Writs of Execution issued upon Judgments obtained in the said Courts of Great Sessions in, are now returnable only at the Great Sessions held for the respective Counties; and Sheriffs frequently delay executing the same for many Months, and often refuse to make Returns to such Writs, or to pay over the Money received by them; and Sheriffs may also refuse to return bailable Processes, returnable in the Vacation, until the following Great Sessions, to the great Prejudice of the Suitors of the said Court; for Remedy whereof, and facilitating the Proceedings of the said Courts, be it enacted by the Authority aforesaid, That from and after the passing of this Act all Writs of Execution upon Judgments obtained in the said Courts of Great Sessions shall and may be made returnable before the Judges of such Courts respectively, on the common Day in each of the Two Vacations annually betwixt the Two Sessions (being the First Days of Trinity Term after the Spring Sessions, and the First Day of Hilary Term after the Autumn Sessions), or on the First Day of the next Sessions,