of any neglect of duty, the party is not without remedy: but I cannot say that he is in contempt. 1838. The rest of the court concurring Rule refused. EVENS ບ. JAMES. WILLIAM LLOYD and JOHN LLOYD PRICE, Demandants; MARY NICHOLAS, Deforciant. Friday, May 25th. IN Hilary Term last, Chilton, on behalf of H. E. Shad- A fine was le well, who was admitted to defend as landlord in an action of ejectment brought in the court of Queen's Bench by one David Thomas for the recovery of property in Carmarthenshire, moved for a rule calling upon the lessor of the plaintiff in that ejectment to shew cause why the clerk of the peace for the county of Carmarthen should not be directed to indorse on the roll of fines levied at the Autumn Great Sessions for that county in the year 1830, all the proclamations of a fine then and there levied, wherein William Lloyd and John Lloyd Price were demandants and Mary Nicholas deforciant, and also on the back of the writ of covenant and other proceedings of the said fine, so as to perfect the same. The motion was founded upon the affidavit of one Price, formerly an attorney of the court of Great Sessions for the several counties of Carmarthen, Pembroke, and Cardigan, wherein he stated, that he was, in the year 1830, employed by Mary Nicholas, since deceased, to levy a fine sur conuzance de droit come ceo &c., with proclamations, of and upon certain premises situate in the parish of Newchurch, in the county of Carmarthen, of which Mary Nicholas was then seised, so as to perfect a conveyance then made and executed thereof by her to vied at the Autumn Great Ses sions held for Carmarthen in 1830 (the last Sessions held there under the ture), and was duly proclaimed the county of Welsh judica at those Sessions. At the Autumn county in 1831, fines levied at Great Sessions for 1830; and it appeared that the fine in question was then upon that roll. cla clamation alone was indorsed upon the foot or indorsement of inrolment; the the third having been omitted to be made by the officer whose duty it was to do so, viz. viz. the deputy prothonotary (afterwards clerk of assize for the South Wales circuit):-The court allowed the proclamations to be indorsed by the clerk of the peace, into whose hands the records of fines for the county of Carmarthen, by the 11 Geo. 4 & 1 Will. 4, c. 70, came on the death of the late deputy prothonotary-and this after an ejectment brought to recover the premises comprised in the fine. 1838. LLOYD Dem., NICHOLAS Def. Writ of covenant. Dedimus potestatem. Jones, deputyprothonotary, had custody of the records of fines. Writ of covenant duly returned, William Lloyd and John Lloyd Price; that he accordingly obtained from the cursitor of the said court of Great Sessions a writ of covenant for that purpose, which was tested and issued on the 5th August, 1830, and also a writ of dedimus potestatem; that Mary Nicholas duly acknowledged the said fine before two of the commissioners for that purpose named in the writ of dedimus potestatem, on the 24th August, 1830, and signed the præcipe and concord; that the Autumn Great Sessions for the county of Carmarthen for the year 1830 (being the last court of Great Sessions holden at Carmarthen under the Welsh Judicature (4) commenced and were held at Carmarthen, before Mr. Serjeant Goulburn, the only judge of the said court of Great Sessions, on the 30th August in that year, and continued till the 4th September; that Thomas Jones, late of Carmarthen, attorney, and now deceased, acted as the deputy prothonotary in the courts of Great Sessions for the several counties of Carmarthen, Pembroke, and Cardigan, for many years previous and up to and including the said Autumn Great Sessions, 1830, and as such deputy prothonotary had the custody of the records of fines and recoveries and all other records of the said courts of Great Sessions, and by himself and his clerks transacted in the prothonotary's office at Carmarthen the whole of the business of the said courts of Great Sessions of or belonging to the said office of prothonotary, and as such deputy prothonotary drew up and ingrossed chirographs of fines and exemplifications of recoveries, and made all other entries relative to fines and recoveries levied or suffered in the said courts of Great Sessions for the said counties of Carmarthen, Pembroke, and Cardigan; that the writ of covenant so issued by William Lloyd and John Lloyd (4) The Welsh Judicature was abolished by the statute 11 Geo. 4 & 1 Will. 4, c. 70, s. 14. The act came into operation on the 12th October, 1830. 1838. LLOYD Dem., NICHOLAS ed for, tained. Def. Price against Mary Nicholas, was returned by the sheriff of the county of Carmarthen at the Autumn Great Sessions held at Carmarthen in 1830, and was afterwards taken by deponent to the compounder of fines and recoveries in the said court of Great Sessions, and duly compounded; fine compoundthat the writs of covenant and dedimus potestatem, with the præcipe and concord, and an affidavit of one of the commissioners of the due acknowledgment of the concord by Mary Nicholas annexed, were afterwards taken by deponent before Mr. Serjeant Goulburn, the presiding judge of the said Autumn Great Sessions held at Car- and fiat obmarthen in the year 1830, who signed his allocatur under the concord; that deponent immediately afterwards took the said writs of covenant and dedimus potestatem, præcipe, and concord, and affidavit of acknowledgment, to the prothonotary's office at Carmarthen, and handed them to the said Thomas Jones, the then deputy prothonotary, and requested him to annex the same to the roll of fines levied at such Autumn Great Sessions, and then informed him that it was the wish of the parties to the fine that the same should be duly proclaimed, and particularly requested him to get the same proclaimed before the close of the then Great Sessions, and also to proclaim the said fine at the two following Assizes; that the said Thomas Jones then annexed the said writs of covenant and dedimus potestatem and other proceedings to the said roll of fines levied at the said Autumn Great Sessions, and informed deponent that the said fine would, with other fines annexed to such roll, be proclaimed before the close of the Sessions, but that there was no occasion for this deponent to leave with him any express direction as to the proclamations of the said fine, it being, as the said Thomas Jones then told the deponent, the universal practice of the said courts of Great Sessions to proclaim mations of fines. all fines levied in those courts, whether it was necessary Practice of the court as to making procla 1838. LLOYD Dem., NICHOLAS Def. Deponent attended in court, and heard the first proclama tion made. No chirograph ingrossed or not (5)—adding, that, if the deponent wished so to do, and would attend in court on the last day but one of the Sessions, he might hear the fine proclaimed; that deponent accordingly attended in court on the last day but one of the said Autumn Great Sessions, and was present in court when the said roll of fines levied at the said Autumn Great Sessions was proclaimed in open court, and heard the proclamation of the fine in question; that deponent did not apply for or ever receive from the said Thomas Jones the chirograph of the said fine, and believed that it was never ingrossed; that he had been informed and believed that Thomas Jones was, upon the abolition of the (5) This statement as to the practice of proclaiming all fines, was corroborated by the affidavit of one Robinson, many years a clerk in the office of Jones, the deputy prothonotary; and also by the affidavits of two attorneys who had for many years practised in the court: all agreeing "that it was the invariable practice of the said courts of Great Sessions to proclaim all fines levied in those courts, whether proclamations were necessary or not to give effect to the same; and that it was the practice of the said courts to make the first proclamation of a fine at the Sessions in which the same had been levied, and the second and third proclamations at the two succeeding Sessions." In Oldnall's (afterwards Serjeant Russell) Practice of the Court of Great Sessions on the Carmarthen Circuit, p. 520, the course of proceeding is thus adverted to "By the statute 34 & 35 Hen. 8, c. 26, s. 41, it is enacted that all fines levied before the justices of the Great Sessions in Wales, with proclamation made the same Sessions that the fine is ingrossed, and in two other Great Sessions then next to be holden within the same county, shall be of the same force and strength to all purposes as fines levied with proclamations before the justices of the common place in England.' The fine is proclaimed according to the provisions of this statute at three different Sessions; and, as the proclamations are made, which is done by the secondary at the second court of the fifth day of the Sessions, they should be duly indorsed on the back of the foot, or, as it is sometimes called, the inrolment, by the prothonotary." In Doe d. Hatch v. Bluck, 2 Marsh, 170, 6 Taunt. 485, it was held that the indorsement of proclamations on a fine is not alone sufficient evidence of their having been made; nor are they sufficiently proved by the production of the chirograph having them indorsed. Welsh judicature, appointed clerk of assize for the South Wales Circuit, and acted as such clerk of assize, and also as associate, from 1830 to the time of his death, which happened in 1836, and that it was a part of his duty as such clerk of assize and associate to cause proclamations to be made of all fines which had been levied in any of the courts of Great Sessions held within that circuit (6); that the records of the said court of Great Sessions for the county of Carmarthen continued in the prothonotary's office, in the custody of the said Thomas Jones till his death; and that, upon his death, or soon afterwards, the same were handed over to the custody of the clerk of the peace for the county of Carmarthen (7). 1838. LLOYD, dem., NICHOLAS, def. Jones's duty, as clerk of as size to proclaim fines. ral state of the There was also an affidavit of one John Thomas, a clerk As to the genein the office of Jones, the late deputy prothonotary, stat- records of fines ing, that, as such clerk, deponent was in the habit, under in the court. Jones's direction, of ingrossing the foot or conclusion of (6) The 28th section of the 11 Geo. 4 and 1 Will. 4, c. 70, enacts, "that, upon all fines which now are or before the commencement of this act shall be duly acknowledged in Chester or Wales, proclamation may be made at the successive Assizes to be holden under his majesty's commission within the county of Chester and principality of Wales, before any judge of such Assize, during the continuance of such his commission, in the same manner and form, and with the same force and effect, as if the same had been proclaimed before the justices of Chester and Wales, or any of them; any law or usage to the contrary notwithstanding." (7) The 27th section of the above statute enacts "that the records, muniments, and writings of the several courts abolished by |