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has chosen this (Island of Guernsey) for his domicile, and should answer to the demands made on him, giving him at the same time the option to plead in the Court, or give bail to plead in the place or country where the debt was contracted." -Jacobs' Hist. of Guernsey. In the case of Starkey v. Miller, (1834) before the Royal Court of Guernsey, Plaintiff actioned Defendant to show cause why an arrest of his person by Miller for £28 for board and lodging at the Royal Yacht Club Hotel, Jersey, should not be annulled. It was demanded for the Plaintiff that the arrest should be set aside on the ground that Mr. Starkey was a stranger in the Island, and not having resided there a year and a day, could not be liable to personal arrest for any simple book debts contracted out of that jurisdiction. It was alleged that the Court had repeatedly conse. crated that principle in actions of the kind brought before it, and as a proof of its being the law of Guernsey, the Court's answer to one of the questions put by the Royal Commission. ers in 1815 was read. "In what cases," enquired the Commissioners "if any, is the person of a stranger privileged from arrest?" To which the Court's answer was "In all cases of simple contract debts, contracted out of this jurisdiction; but by late decisions, this privilege ceases if he have acquired a setlement of a year aud a day." Another extract was read from the Court's observation to the Lords of Council, dated 28th Nov, 1817 to the following effect. "The Royal Commissioners say that this exemption seems rather to have crept into use of late years than to be warranted by the ancient law, but they have been strangely misinformed. It is not the exemption from arrest that has crept into use, but the liability to arrest now allowed after a year and a day." The Court decided that the Law was clearly in favor of the Plaintiff, the arrest was therefore set a side on the ground that Mr. Starkey had not resided in the Island a year and a day. Again :-in the case of Valpy v. Heaton before the Guernsey Court, April 27, 1837, the Plaintiff sued Defendant for £8 3s. 9d. amount of account delivered for groceries sold in Jersey. The Solicitor-General stated that he was of opinion the plaintiff's action was irregular, and that the arrest should be set aside, the goods having been purchased in Jersey, and Mr. Heaton not having been in Guernsey a year and a day, his person was not liable to arrest. Advocate Falla stated that this case was an exception to the general rule, as he would prove that the plaintiff had left Jersey not to return, the whole of his furniture having been arrested for the benefit of his creditors. That he had written to Mr. Valpy since his arrival in Guernsey, a letter without place or

date, informing him that he had left in Jersey property more than sufficient to pay all his creditors, and that it was his fault if he was not paid by taking a part in the general scramble which was made of his property.-The Bailiff after consulting the Jurats, stated that it was the unanimous opinion of the Court, that the person of Mr. Heaton was not liable to arrest, and sentenced the plaintiff to pay the costs. Again :—in the case of Le Bas v. Waterman, 1837, the Guernsey Court decided that the effects of a person residing in Jersey, were not liable to arrest for a debt contracted in that island. Thus it may be now considered as a settled principle, that neither the person nor the effects of a stranger are liable to arrest in Guernsey, for debts contracted out of the island, unless the stranger has resided there a year and a day.

Debt to the Crown.-A person employed in the service of the Crown as deputy commissary general to the forces abroad, and assistant commissary in the islands of Guernsey and Alderney, and employed in the negociation of Bank of England notes received from the paymaster general of the forces, and of bills of exchange received from the treasury on account of the public service, having also received specie on the same account is accountable to the Crown, and is as such accountant, within the statute, 13 Eliz. c. 4, s. 1, and his lands, of which he was seized at any time during the period of his accountability, are bound by his engagement with the public, and subjected to prerogative process for security and payment of the balance ultimately declared against him. [Rex v. Rawlings, 12 Price, 834.]

Debt, proof of, how made in England, for use abroad.The act 5 Geo. 2, c. 7, entitled "An act for the more easy recovery of Debts in his Majesty's Plantations and Colonies in America," (and commonly called Beckford's Act,) provides that in any action or suit in any court of law or equity in any of the said plantations, relating to any debt or account wherein any person residing in Great Britain shall be a party, it shall be lawful for the plaintiff or defendant, and also for any witness, to be examined or made use of by affidavit, (or in case of Quakers' affirmation,) before any mayor or chief magistrate of the city, &c., in or near which he is resident, which affidavit certified and transmitted," (as directed by the act,)" shall be of the same force and effect in the colony as if the defendant had appeared and sworn the same matters in open court, provided that the addition and place of abode of the party swearing or affirming be stated in the oath." And it is provided that debts due to his Majesty may be proved

in the same manner." The provisions of this Act were extended to New South Wales, and its dependencies by the 54. G. 3, 15. which also contains a clause providing that a declaration shall be substituted for an oath not only as to the colonies named in the said two acts, but as to any territories, plantations, colonies, or dependencies abroad, being within any part of his Majesty's dominions." No notice is required by the act to be given to the opposite party on the occasion of making such declaration before the magistrate, but the proceeding is entirely ex parte; and on production in the colonial court of the decla. ration so made, it is allowed in proof of the debt, though such evidence may of course be encountered by viva voce testimony on the opposite side. It must be observed that although the act evidently extends to the Channel Islands, it has never been transmitted, nor has evidence ever been received in either island, in pursuance of it.

Declaration to be subscribed by persons within six months after they have taken office either by election or appointment, under penalty of dismission. "At the States of the island of Jersey. The year one thousand eight hundred and thirty one, the sixteenth day of December.-The President having, on the 25th day of October last, presented to the States, an Act of Parliament, passed in the ninth year of the reign of his late Majesty, George the Fourth, intituled 'An Act for repealing so much of several Acts as impose the necessity of receiving the Sacrament of the Lord's Supper, as a qualification for certain offices and employments,' as well as an order of His Most Excellent Majesty in Council,_dated the 10th of Aug., 1831, which orders that the said Act of Parliament shall be registered in the Records of the Royal Court of this Island, in order that the inhabitants may have knowledge thereof, and conform themselves accordingly.

The President having, at the same time, informed the States, that the Royal Court, by its Act of the 20th day of October last, deferred ordering the enregistering of the said Act, and ordered that it should be submitted to the States at their next sitting. The States, considering that the above Act of Parlia ment has for its object the recalling of certain clauses of the three Acts of Parliament-the first of which was passed in the thirteenth year of the reign of his Majesty Charles II., intituled: "An Act for the well governing and regulating of Corporations"-the second of which was passed in the twenty fifth year of the reign of his Majesty Charles II., intituled: "An Act for preventing dangers which may happen from popish recusants"-and the third of which was presel in the

sixteenth year of the reign of his Majesty George II., intituled: "An Act to indemnify persons who have omitted to qualify themselves for offices and employments within the time limited by law, and for allowing further time for that purpose, and also for amending so much of an Act made in the 25th year of the reign of King Charles II., intituled: An Act for preventing dangers which may happen from popish recusants,' as relates to the time for receiving the Sacrament of the Lord's Supper, now limited by the said Act ;" which clauses imposed on certain functionaries the obligation to receive the Holy Sacrament, within a limited time after their admission to their functions.

The States, considering that the said Act of Parliament can. not have force here, inasmuch as the Island is not mentioned, but wishing to second and accomplish, as much as possible, the views of Government on this subject, have resolved, with the sanction of His Most Excellent Majesty in Council, to adopt the following regulations:

Art. 1.-Every person who exercises in this Island the function of Governor, Lieut. Governor,or Deputy Governor, of Bailiff, or of Lt. Bailiff, or Jurat Justicier, of the King's Procuror-General, of Viscount, or of Deputy-Viscount, of the King's Advocate General, of Greffier, of Denunciator, Sergeant of Justice, of Colonel of Militia, of Receiver of the Revenue of his Majesty, of Constable and Centenier in this Island, shall be bound to make and to sign before the Royal Court, the declaration comprised in the third article of this regulation, within six months following his admission to one of the above offices, which declaration shall be enregistered in the rolls of the Royal Court of this Island, if it has not been already done in England, or elsewhere, in conformity to the Act of Parliament on this subject.

Art. II.-Every functionary after having been named, appointed, or elected to fill one of the offices enumerated in the preceding article, who shall refuse or shall neglect to make and to sign before the Royal Court, the declaration inserted in article third of this regulation, within six months, from the day of his presenting himself and taking the oath required by law, on his admission to the office, shall be considered as one who has resigned, and he shall be immediately replaced by the competent authority.

Art. III.-The functionaries denominated in Art. 1st of this Regulation, shall be bound to make and to sign the following declaration, before the Royal Court, within the time and under the obligations, named in the preceding articles :L

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"I, A. B., certify and declare, solemnly and sincerely in the presence of GOD, on the true faith of a Christian, that I will never exercise any power, authority, or influence that I have, or that I may have, in virtue of the office of disturb or weaken the Protestant Church, as by law established in England, or to disturb the said Church, or the Bishops, or the Clergy of the said Church, in the possession of all the rights, or privileges, to which the said Clergy have, or may have right by the law."

Art. IV.-Every person resident in this Island, who shall be named to an office in the United Kingdom, or in the Colonies, may make the said declaration before the Royal Court: and the Greffier is charged to transmit a copy of this present regulation to the Clerk in attendance of His Most Excellent Majesty's Honourable Privy Council.

Décret.-Law of Décrets passed by the States, 19th January, 1832, and confirmed by his Majesty in Council, March 14, 1832.

Art. 1.-No one shall be admitted to make general cession of his landed and moveable property but in one of the following cases 1st, if he has been put upon short allowance: 2d. if he has expressed a fortnight before by an act of Court, his intention of making the said general cession, which act can be obtained both in vacation and in term, and shall be immediate ly posted on the door of the Court, and published in all the French local Saturday Papers.

2.-Any Creditor who shall have reduced his Debtor to short allowance, shall be enabled by addressing himself to the Court a fortnight after, both in and out of term, to cause the Viscount to be authorized to order the said Debtor to satisfy his claims within two months after such signification, under pain of the said Debtor's landed aud moveable property being adjudged renounced.

3.-Any Creditor who shall have obtained an act of Prison against a person absent from the Island, having an Administrator or other person authorised, who refuses to take cognizance of the said act, shall be enabled by addressing himself to the Court, in or out of term, to cause the Viscount to be authorized to write to his debtor for a liquidation of his claims within two months after such notice, under pain of the said Debtor's landed and moveable property being adjudged renounced. 4. The landed and moveable property of a prisoner or absentee, who shall fail to satisfy the claims of his Creditor or Creditors, or shall not put his property into the hands of Justice, during the delay granted in articles 2 and 3, shall be adjudged renounced and forthwith decreed.

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