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his future good conduct, we are at a loss to divine:-"Thomas Harris, William Barnes, Robert Barnes, and John De Garis, have this day been brought before the Court, by William Solbé Sheppard, esq., one of the Constables of St. Peter-Port, charged with having taken advantage and abused the credulity of a young woman, named Elizabeth Marquard, of having made her believe that she was married to the said Harris,-and of having afterwards, under false pretences, endeavoured to rob her of her chastity. The Court after hearing witnesses, has sentenced the said Harris, William Barnes and De Garis, to one month's solitary confiuement; and it is ordered that the said Harris, and the two Barnes's shall at the expiration of their respective terms of imprisonment give bail of £50 each, for their good conduct or quit the Island, and they are forbid. den to return hither previous to their having given the said bail, under pain of exemplary punishment at the discretion of the Court."

Sheep and other Cattle.-All persons are prohibited from pining or tying sheep or other cattle along the public roads, or in the grounds or fields bordering on the public roads, or in the streets of the town, on pain of six livres penalty for every sheep, and twelve livres for every head of cattle, and fifty livres for stallions and bulls. [Act of the States, confirmed by Council, July 4, 1816.]

Slander, libel, and all minor causes of assault or battery are not prosecuted by indictment, but by a civil action for compensation in damages. Sometimes the Attorney General is adjoined to the plaintiff, in which case, if defendant is found guilty, he is adjudged to pay damages and a fine to the Crown also; which however small always carries costs. In Guernsey, the above are taken notice of criminally. In the case of Mr. Jos. Gullick, jun., who had written a letter published in the Star, in answer to a Mr. Martin's, in which he endeavoured to impugn his evidence given at the trial of some young men for breaking the iron railing in Doyle Road, he was presented before the Court, in the custody of the Constables, when the King's Procureur maintained that "the case was not of a private, but of a public nature, and consequently that it was properly cognizable as an affair of police!" The Editor of the News, whaggisly observed: "Does the Procureur know, that the Lord Chancellor's commission De Lunatic Inquirendo, extends to Guernsey ?"

Smuggling.-Vessels not being square-rigged, or any boat, belonging in the whole or in part to British subjects, or having half the persons on board, British subjects, found within

100 leagues of the United Kingdom, or any foreign vessel not square-rigged, or boat, having one or more British subjects on board, discovered within 4 leagues of that part between the North Foreland and Beachy head, or within 8 leagues of any other part, or if any foreign vessel or boat be discovered to have been within one league of the coast of the United Kingdom, or if any vessel or boat be discovered to have been within one league of Guernsey, Jersey, Alderney, Sark or Man, any such vessel or boat having on board, or in any manner attached thereto, or conveying or having conveyed in any manner, spirits not being in casks, or package, containing 40 gallons at the least, or any tea exceeding 6 lbs. weight in the whole, or any tobacco or snuff not being in a cask or containing 450 lbs. at least, or any cordage or other articles adapted for slinging or sinking casks of less size than 40 gallons, then in every such case, the said spirits, tea, tobacco or snuff, and the cordage, or other articles, and casks, and also the vessel or boat shall be forfeited. 3 and 4, W. c. 53, s. 2. The 3 and 4 Wm. 4, c. 52, s. 75, provides, that all penalties and forfeitures incurred and imposed by this or any other Act, relating to the Customs, or to trade and navigation, may be sued for, prosecuted, and recovered, by action of debt, bill, plaint, or information, in any of his Majesty's Courts of Record, at Westminster, Dublin, and Edinburgh, or in the Royal Courts of Jersey, Guernsey, Alderney, Sark or Man. Sec. 90, provides, that no writ of Certiorari shall issue from his Majesty's Court of King's Bench, to remove any proceedings before any Justice or Jus. tices of the Peace, under any Act for the Prevention of Smug. gling or relating to the Customs, nor shall any Writ of Habeas Corpus issue to bring up the body of any person who shall have been convicted before any Justice or Justices of the Peace, under any such Act, unless the party against whom such proceeding shall have been directed, or who shall have been so convicted, or his Attorney or Agent, shall state in an affidavit in writing, to be duly sworn, the grounds of objection to such proceedings or conviction, and that upon the return to such Writ of Certiorari or Habeas Corpus, no objection shall be taken or considered, other than such as shall have been stated in such affidavit; and that it shall be lawful for any Justice or Justices of the Peace, and they are hereby required to amend any information, conviction, or warrant of commitment, for any offence under any such Act at any time, whether before or after conviction. Sec. 120, that all suits, indictments, or informations, shall be brought, sued, or exhibited, within three years after the offence has been com

mitted, and shall be exhibited before one or more Justices of the Peace, within six months after the date of the offence.

Smuggled Goods, contract for payment of.—Upon a contract for smuggled goods, though they are received, the money cannot be recovered. [Thomson v. Thomson, 7 Ves. Jun. 493. Assumpsit will lie for goods sold abroad, which are prohibited here, if the delivery of them be complete abroad, though the vendor knows they are to be smuggled into England. [Holman v. Johnson, Coup. 341.] But it will not lie for smuggled goods sold abroad, if the vendor is to deliver them in England, or if they are only to be paid for in case the vendee succeeds in landing them. [Clarke v. Shee, Coup. 334; 2 Dougl. 698 n.] Nor can the vendor of goods abroad who has packed them in a particular manner by the order of the buyer, for the purpose of smuggling them into this country, and knew at the time that they were to be smuggled, recover the value against the buyer although he was not concerned in the risk of the importation. [Waymell v. Reed, 5 T. R. 599; S. P. Barnard v. Reed 1 Esp. 91 and see Biggs v. Laurence, 3 T. R. 454.] An inhabitant of Guernsey cannot recover in the courts of this country, the price of goods sold by him there, if he knew it to be the buyer's intention to smuggle the goods into England, and gave him assistance for that purpose. [Clugas v. Penaluna.] English smugglers to avoid punishment should take refuge in Jersey. See Criminals, escape of.

Solicitors, the Viscount, Denunciators and Greffier not allowed to practice as.-Formerly the Deputy Viscount and Denunciators applied themselves wholly to the duties of their office, but of later years these gentlemen have taken upon themselves, notwithstanding their official situations, to practice as Attornies or Solicitors of the Royal Court; numerous cases occur in which the duties they are bound officially to execute are wholly incompatible with the duty that, as Solicitors or Attornies, they owe to the interests of the suitors by whom they are professionally employed. One or two instances will be sufficient to shew that this is the case :-The Royal Court frequently directs the Deputy Viscount, or, in his absence, one of the Denunciators, to examine into and make a report upon the matters in difference between the parties in a cause. Where it happens, as is very commonly the case, that the officer to whom this reference is made is acting as Attorney for one of the parties in the cause, it is evident that he must have a bias in favour of his own client, which must be greatly against his coming to an impartial decision. Again, when from illness or other cause, the witnesses in a suit are unable to attend to give evidence personally in Court, the Viscount or

one of the Denunciators is directed to take his depositions in writing here, too, when the officer entrusted to take the depositions, is acting at the same time as Attorney to one of the parties, the inclination which he must naturally feel to further the interests of his own client is clearly at variance with the impartial discharge of his duty in his official charac. ter. It is also the duty of the Deputy Viscount and Denunciators to summon all witnesses and when a writ of execution issues, those officers are entrusted to put it in force. A slight consideration only is necessary to shew the impropriety of these duties being entrusted to persons who are acting as Attornies to the parties. [Sir John De Veulle, Knt., Bailiff, see his Statement in the case Le Gallais and others v. De Veulle and another, before the Privy Council.] None of the Jurats, nor the Viscount, nor the Denunciators, nor the Greffier of the Court, shall hereafter be allowed to be be Agents, Solicitors, or Attornies of any one whomsoever, except in their own causes, but shall behave themselves indifferently according to the duties of their offices, without soliciting or giving advice, or testifying in Court. [Ordinance of Queen Elizabeth, 16th July, 1562, omitted to be registered on the rolls, in order that it might not have force.] See Records, omission in.

Spirits.-By C. O. March 11, 1834, spirits from Jersey and Guernsey, may be imported into the United Kingdom, in vessels of the burthen of 70 tons and upwards; whether squarerigged or not. See Brandy, Geneva, and other Spirits.

Stamped documents given in evidence in England.-If a certain stamp be required by the law of the colony, where the contract was made, though not required in England, the contract, unless it has been stamped according to the law of the colony, cannot be enforced in England. And if by the colonial law a chose in action is in any case assignable, the assignee may in that case support an action in the English courts, though choses in action are not assignable here.-[Clarke's Colonial Law.]

States, non-attendance of Members.-Whereas there was this day read at the Board a Report from the Right Honourable the Lords ofthe Committee of Council, for the affairs of Jersey and Guernsey, dated the 24th April last, in the words following, viz. :-"Your Majesty having been pleased by your Order in Council of the 7th of April, 1830, to refer unto this Committee, a letter from the Right Honourable Robert Peel, one of His Majesty's principal Secretaries of State, to the Lord President of the Council, with inclosures from the Lieutenant Governor of Jersey, representing the inconvenience that had occurred in consequence of the interruption to public business,

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occasioned by the non-attendance of several members of the States of that island, when legally summoned; the Lords of the Committe, in obedience to Your Majesty's said order of reference, this day took into consideration the said letter and papers relating thereto, and referring to an article in the Code of Laws, agreed upon by the States of the island of Jersey, and confirmed by an Order of His Majesty in Council of the 28th day of March 1771, to the effect following, viz. :-' The Constables as well as other members of the States, shall be bound to attend the Assembly at the precise hour appointed, unless prevented by indisposition or other lawful excuse, which shall not be received, unless they send a person to make excuse for them upon oath, under penalty of one hundred sous, which is to be levied by the Viscount, and applied according as the States may direct. They shall be liable to attend in person at the Assembly of the States, unless they shew legitimate cause for absenting themselves, under the above penalty, and Centeniers will not be received to attend in their stead, except in cases of indisposition, absence from the island, or similar impediments ;' and also referring to an Order of His Majesty in Council of the 2nd June 1785, wherein it is declared, That the refusal of the Lieutenant Bailly to put to the vote any questions moved and seconded in the Assembly of the States, or the withdrawing of the Jurats from the said Assembly, for the purpose of stopping or preventing the States from proceeding in their business before them is illegal, and whereby it was ordered, that whenever it should appear that a majority of either of the three orders, the Jurats, Clergy and Constables, had wilfully and contumaciously absented themselves, it should be lawful for the remaining part of the body who were then present to fine the absent members, and to direct the same to be levied upon their goods and chattels.' Their Lordships humbly beg leave to report as their opinion to your Majesty, that whenever any member of the States shall, after having been duly summoned, absent himself from any meeting of the said States, without such lawful excuse as before stated, he shall incur a fine of Two Pounds sterling, which shall be forthwith levied by the Viscount or his Deputy, for the benefit of His Majesty, his heirs or successors. His Majesty having taken the said Report into consideration was pleased, by and with the advice of his Privy Council, to approve thereof, and to order as it hereby ordered, that the same be duly and punctually complied with. Whereof the Governor, or Lieutenant Governor, Bailli, and Jurats of the Royal Court of the Island of Jersey are to take notice and govern themselves accordingly. JAMES BULLER."

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