consent and the Bailiff allows it to be otherwise; this rule shall not be understood as applying to privileged causes, or those which require expedition.-Code, 1771.

Caveat.-A requisition sometimes entered at the Council Office, to restrain the confirmation of a law enacted by the States, until the party has been beard by Counsel against it; something like a motion for an arrest of judgment. Any inhabitant who shall deem a law passed by the States, dangerous to public liberty,or an invasion of the rights and privileges of himself and fellow citizens, or should in any manner consider himself aggrieved thereby, is at liberty to lodge his Caveat at the Council Office, and to petition her Majesty not to grant the Royal Assent thereto until he has been heard. The following explanation of the practice is taken from the answer of the States to the Order in Council, referring to them the petition of F. Godfray, Esq., to his Majesty :-"The practice almost invariably pursued in their Lordships' office, upon a petition being presented to his Most Excellent Majesty in Council against any act of the States is, after such petition has been referred to their Lordships for their consideration, for them to order that a copy of such petition be transmitted to the States, and to require them to return an answer in writing thereto. Upon receiving such an order the States, at their first meeting, appoint a Committee of their body to prepare an answer or such other report upon the question as such Committee shall deem expedient, and there is this convenience in the practice, that the States have then the opportunity of reconsidering a measure which may have been objected to, and either altogether of repealing their act, or otherwise of remodelling it, so as remove the objections raised against it."

Centeniers originated from their anciently presiding over 100 families, like the Constable of hundreds in England. There are two in each parish who act as assistants to the Constable, and in his absence, the senior one performs his duty and represents him in the assembly of the States. The first is elected at the same time with the Constable, and the second about a week after. If the validity of the first be contested and the second be sworn into office he takes precedence. They are elected by the rated inhabitants and the office is triennial. The following is a translation of his oath :-You swear and promise by the faith and oath that you owe to God, that well and faithfully you will execute the charge and office of Centenier in the Parish of , you shall keep or cause to be kept the peace of her Majesty, opposing yourself and seizing

defacto, all mutinous and seditious persons, robbers, mur. derers, and all other persons who interrupt the course of the public peace, of which you shall inform the Constable in order that they may be presented in Justice to be punished according to their misdeeds-together with all haunters of taverns, drunkards, whoremongers, whores, blasphemers, and all others who contravene the ordinances; you shall keep and preserve or cause to be kept and preserved as much as in you shall be possible. You shall see that no tavern be kept in your parish but by persons established and licensed from time to time, and shall take special care by you and by the officers, that the day of Sunday be not profaned by the haunting or frequenting of the said taverns or other places, contrary to the Ordinances in this respect made, which you shall put in due execution: You shall assist the Constable to search and cause to be searched at all times, when it shall be necessary, and you shall be thereunto required, and at least once in three months, in all places and houses of your parish which shall be suspected. You shall keep and preserve as much as shall be in you possible the rights which belong to the said parish, regulating yourself in that which concerns the well being of the same, by the advice and good counsel of the Principaux, of the Constable and other officers of the said parish. You shall assist the Constable in assembling the said officers once a month, and assemble them yourself whensoever it shall be required, to advise as to things necessary concerning the said parish, and that they may declare all misdoers,refractory and disobedient persons to the ordinances of Justice, so the Court and the Queen's officers may be informed thereof from time to time. You shall execute the mandates of the Governor, Lieutenant-Governor, the Bailiff and his Lieutenant, and the Jurats, in that which belongs to their offices respectively, assisting at the States of the Island when you shall be required; and all this you promise to do upon your loyal duty and your conscience.

Certificate.--A bankrupt or insolvent's certificate of having conformed to the laws of England, is admitted by the Courts of Jersey and Guernsey to be a discharge to any debt proveable under the bankruptcy, or inserted in the insolvent's schedule.

Certificate of Produce.-Before any goods shall be entered as being the produce of the said Islands (if any benefit attach to such distinction), the master of the ship or vessel importing the same shall deiiver to the collector or comptroller a certificate from the governor, lieut.-governor, or commander-in-chief

of the island from whence such goods were imported that proof had been made, in manner required by law, that such goods were of the produce of such island, stating the quantity and quality of the goods and the number and denomination of the packages containing the same; and such master shall also make and subscribe a declaration before the collector or comptroller that such certificate was received by him at the place where such goods were taken on board, and that the goods so imported are the same as are mentioned therein. 3 & 4 W. 4., c. 52, s. 41.

Certificate of Production of Goods.-It shall be lawful for any person who is about to export from any of the islands of Guernsey, Jersey, Alderney, or Sark, to the United Kingdom, or to any of the British Possessions in America, any goods of the growth or produce of any of those islands, or any goods manufactured from materials which were the growth or produce thereof, or of the United Kingdom, to go before any magistrate of the island from which the goods are to be exported, and make and sign before him a declaration that such goods, describing the same, are of such growth or produce, or of such manufacture, and such magistrate shall administer and sign such declaration; and thereupon the governor, lieut.governor, or commander-in-chief of the island from which the goods are to be exported shall, upon the delivery to him of such declaration, grant a certificate under his hand of the proof contained in such declaration, stating the ship in which and the port to which, in the United Kingdom or in any such Possession, the goods are to be exported; and such certificate shall be the proper document to be produced at such ports respectively in proof that the goods mentioned therein are of the growth, produce, or manufacture of such islands respectively. 3 & 4 Will. 4., c. 59, s. 86.

Certiorari, a prerogative writ issuing from the Court of Queen's Bench to remove proceedings into that Court. It lies to the Islands of Jersey and Guernsey especially in cases where the Crown is concerned,and is provided for in the Constitutions of King John, which is the Magna Charter of both Islands: the 7th Art. says" If the King may be willing to be certified of the record of any plea determined by the Justiciers and the twelve, the Justiciers and the twelve shall make the record: and of pleas determined by the bailly and the twelve, they shall conjointly make the record." It would seem however that when the Judges of Assize(who formerly came here) shall have taken cognizance of a matter, a certiorari will not lie or at all events not until after judgment, for the 8th Art. says, "that no plea begun

any

before any of the Justiciers shall be adjourned to any other place, but altogether determined within that isle." By the 5 Geo. 2. c. 19. s. 2. no certiorari is allowed to remove judgment or order unless the party before the allowance shall enter into a recognizance with sufficient sureties in £50 to prosecute it with effect at his own costs and pay costs if confirmed; and on refusal to enter into such recognizance, the Justices may proceed. By s. 3. these recognizances are to be entered into in the Court of Queen's Bench and may be enforced by process of attachment. By 13. Geo. 2. c. 18. s. 5 the time for applications for writs or certiorari is limited to six calendar months. A certiorari always lies to remove proceedings under penal statutes, unless it is expressly taken away ; and an appeal never lies urless it is expressly given by the Statute. Rex. v. Cashiobury (Justices), 3 D. and R. 35. It does not lie to remove a recognizance. Anon. Loft. 312, Nor for other than judicial acts. Rex. v. Lloyd, Cald. 309. A certiorari to remove proceedings from the Courts of the counties palatine was not to be granted of course, and without special ground, Zinck v. Langton, 2 Dougl. 749. Nor to remove proceedings in the Courts of great sessions in Wales, without special cause. Williams v. Thomas, 2. Dougl. 751. n. By the 21 Jac. 1. c. 23, s. 4. and 21 Geo. 1. c. 29, s. 3. a certiorari does not lie to remove a suit from an inferior Court, where the thing in demand does not exceed £5. Nor by 7. and 8. G. 4. c. 71, in causes under £20 unless a recognizance be entered into in the Court below. A certiorari cannot be taken away by any general but only by express negative words. Rex. v. Reeve, 1. W. Black. 231. A statute taking away a certiorari does not take it from the Crown unless expressly mentioned. Rex. v. —. 2 Chit. 136. S. P. Rex. v. Davies, 5. T. R. 626. and see Rex. v. Tindal, 15 East. 339. n.

Cession-general. de tous les biens meubles et heritages, or general cession of all real and personal estate, which a debtor makes for the benefit of his creditors, to release himself from imprisonment. There are two formalities required to be observed by a person who applies to make cession; one is, that he shall be a prisoner for debt on short allowance, (23d per diem) but it is not necessary that he should be in actual custody the other is, that he shall have obtained permission of the Court to give fifteen days notice of his intention to apply for leave to make cession; which notice is not served on the creditors, as in England, when a debtor seeks relief from the Insolvent Court; but is merely posted at the door of the Court-house, and inserted in the french newspapers, published

on the Saturday. If leave be granted, the debtor immediately takes oath, that he acts thus for want of means to satisfy his creditors, and thereupon delivers into the hands of the Greffier, all titles, documents, and evidences concerning his property, under his signature, but executes no assignment of the same: he is then discharged from all debts and obligations contracted before making the cession. [See law on Décrets, Art. 8, 9 and 10.] The following is a translation of his oath :-"You swear and promise by the faith and oath that you owe to God, that the general cession which you make of all your moveable goods, and lands, is for want of means to satisfy your creditors. Also that you will deliver into the hands of the Greffier of the Royal Court of this Island, all your rights, papers and evidences, for the preservation of the right to whom it may appertain." Thus much for the Insolvent; let us now consider, what becomes of his property and here it must be observed, that though he makes a general cession of all his estate and effects, it is not for the general benefit of his creditors; but only for those few to whom it may appertain. The next question is, who are those few-who are those creditors that the Jersey laws allow to share in the insolvent's estate? Now this depends entirely on the nature of his assets. If he be possessed of any landed property, or rents, that is mortgages on lands; his estate and effects, pass through the process of a décret, and is adjudicated in one lot, to such registered creditor as shall become tenant thereof, subject only to his paying the expenses of working the decret and prior claimants; all others being excluded from any participation in the estate. [See Bankrupt laws of Jersey, administration and division of Bankrupt's estate.]

If the debtor has no real property, but only personal estate, it goes to the exclusive benefit of those creditors who shall have levied attachments on the same. In that case, the effects are sold before an officer of Justice, immediately the arrests are confirmed, and the proceeds are divided among the attaching creditors, until they are paid in full together with the costs, leaving the surplus (if any) for the absentees. There is no assignee appointed to distribute the estate, as in England, nor is there any provision made by law to protect the rights of absent creditors, not represented by power of attorney, as there usually is in the Colonies and other possession abroad; where public notices are given in the English as well as in the local newspapers, and also in the London Gazette, setting forth, that the debtor is insolvent, and that his property has been sequestrated for the benefit of all his creditors-who