are required to come in and prove their claims before a certain period, which generally varies from six months to a year, before the judicial sale and distribution of the proceeds take place. Here, although a tradesman may be largely indebted in London, Bristol, Manchester and Birmingham, or a merchant may have heavy claims against him in England, the West Indies, Newfoundland, and the Brazils, (countries with which the principal commerce of the Island is carried on) no regard is paid to the rights of those creditors; they are one and all sacrificed at the shrine of that altar, whose inscription is "first come, first served." The notices being published only in the French Journals, whose circulation is limited to the Island, and no notices being sent by letter, besides which, the shortness of the time allowed,almost precluding the possibility of any communication being made to absent creditors, it follows as a matter of course, that the insolvent has nothing to fear from their opposition when he applies to the Court for leave to make cession, as they are kept in perfect ignorance of his proceedings: all he has to do is, to regard those who live on the spot, and he generally contrives either to make some kind of arrangement with them, or to leave sufficient assets within their grasp-so that no opposition may be made to his cession; for it must be known that he cannot apply at all until the Plaintiff at whose suit he is arrested, shall have put him on short allowance, and even then the adjudication is not summarily disposed of as in England, but any creditor may advance this or that pretension as regards his means, when as matter of course, the case is always sent to proof, which causes a delay of five or six months, and even if judgment should be given in his favor, the Plaintiff can appeal to a full Court, which prolongs the adjudication for a year or two, and if the debt be of sufficient amount, plaintiff can appeal from that judgment to the Privy Council, which generally takes five or six years before it is brought to a hearing, during all which time the Insolvent can be kept in prison at 23d per day! From this it will be seen,that necessity actually compels the insolvent to show an unjust preference towards his Jersey Creditors at the expense of those living out of the Island, in order to avoid their opposition, and that he might extricate himself from prison before the others are acquainted with his situation. We proceed not only does this system operate most unjustly towards absent creditors, when debtors who have been domiciled in the Island make cession, but it offers great inducements for strangers-fraudulent traders in England, to fly from their own country and take refuge here, where they can get a : friendly arrest and pass through the process of making cession in about a fortnight,unknown to their English creditors, (seeing that having no Jersey creditors, they are not opposed) with. out giving up any part of their property, and where they can afterwards live unmolested, the remainder of their days, on the proceeds of their illgotten wealth. Exampla gratia. Mr. M. S., broker, formerly of Fenchurch-street, London, who bad contracted debts to a large amount in England, came over to the Island in 1837, with the goods, sold part of them by public auction, pocketed the money and secreted the remainder got a friend to arrest him, went inside of the prison and came out again under bail from the same party; was a few days afterwards put on short allowance, though not in custody; gave the customary notice in the French Journals, and was subsequently brought up to the Court to make cession of his property for the benefit of creditors, without pro ducing any books, papers or documents, and without giving up a solitary penny! Aye, and the same person boasted on the same evening of having one hundred pounds in his pocket!!! If such a system as this is tolerated much longer, the Island will eventually be peopled by the rogues, vagabonds, and criminals of other countries! It is worthy of remark, that the same solicitor managed the business for both plaintiff and defendant in that case. : We must now go back to the formalities which we mentioned in the onset,it was necessary to observe,on applying to make cession and here we might remark, that this necessity is not always enforced, for much depends on who may be the Jurats on the bench, and who may be the parties before the Court. Take the following cases for example:- In the case of Mr. C. M., guardian of the children of P. H., 1836, who was sued to hear confirmation of his arrest for payment of £1 9s. 5d. he pretended he had no means of payment, produced a statement of his debts as guardian, together with a soussigné or authority from the electors to renounce the estate of his wards. Motion having been made, the Jurats D'Avranche and Bertram granted leave for the guardian to renounce, although he had not given notice of his intention in the French local Journals fifteen days previously, nor had obtained an act of prison: nor had the act announcing his intention to make cession been posted at the Court-house, all which formalities the law required. In this case Mr. M, was appointed guardian on the 28th May, give the promissory note on the 31st, to his own brother-in-law, and renounced to the property on the 4th June, following: thus involving the estate in an expense of from £60 to £80 sterling, to work a decret, to recover payment of £1 9s. 5d !!! In the case of Miss M. A. B. v. Mr. J. B, defendant was arrested in Jersey, on an ordre de Justice, for payment of the sum of £700, in satisfaction of a judgment recovered against him in the Queen's Bench, in England, and whilst a prisoner in actual custody, having first conformed to one formality only, that of giving a fortnight's notice of his intention, he applied to the Court for leave to make cession, but was opposed by the plaintiff. In consequence of this, and to prevent having recourse to auy process for removing the cause to England, it was agreed and recorded that defendant should accompany plaintiff's agent and surrender himself to a prison in England, within one month from that date (Nov. 24, 1838) to enable him to seek such relief as the laws of England might afford him. The defendant went to Southampton and on his landing there, was arrested afresh in execution of the judgment and committed to the Southampton prison, where he remained in actual custody several weeks. After awhile, the debt was compromised, and thus ended the suit. Mr. B. returned to Jersey on Thursday, Jan. 24, 1839, and on the following Saturday, anticipating that his other creditors in England might sue him thenceforth, went before the Court, and applied again for leave to make cession, though not in custody, and had not been reduced to short allowance when in custody, and though there was no action against him, and in fact no cause then before the Court, in which he was a party; yet nevertheless it was granted by the Jurats D'Avranche and Bisson, and this, without asking any questions; without any documents being delivered up, and without any statement of property being made, and in short without any one formality being then fulfilled whatever. Cession, Certificate of.-The certificate of cession granted by the Courts of Jersey and Guernsey is a discharge from all debts contracted in the Islands, if the party should be sued before any of the Courts of Law in England; but it is necessary to observe, that a very erroneous opinion prevails among traders as to what debts are contracted in the islands. Their principal commerce is carried on with England, and goods are generally purchased by samples brought hither, or by letter, or by periodical visits to the great marts for manufactures. Now these goods being delivered to a waggoner, or consigned to an agent, on the buyer's account, are in judgment of law, delivered to the vendee. in England, and consequently the cause of action arises there, and not in the islands. This point has been repeatedly decided in the English Courts; as for example: -Where a person in Aberystwith gave an order for goods to a traveller of the plaintiff, resident in London; held, that it must be presumed that such goods were to be sent in the usual way, and that, on their delivery to a carrier in London, a cause of action arose there. [Copeland v. Lewis, 2 Stark, 33-Ellenborough.] Delivery of goods by the vendor on behalf of the vendee to a carrier, not named by the vendee, is a delivery to the vendee. [Dutton v. Solomonson, 3 B. & P. 582.] Goods, consigned to a merchant in a foreign country, are stated in the bill of lading to be shipped by order and on account of the consignee, the consignor cannot maintain any action against the ship-owner in respect of the goods, as the property must be taken to have vested in the consignee from the time they were put on board the ship. [Brown v. Hodgson, 2 Camp. 36, Ellenborough.] Seeing then that by the sale and delivery of goods in England, a debt is created, the first question is, where is it payable, in Jersey or in England? We maintain in England, at the vendor's usual place of business, unless an express agreement has been made to the contrary; consequently, if a trader in Jersey, purchased goods of a merchant in London, he has impliedly entered into a contract to pay for the same at the place where they were purchased; and especially if he accepts a bill for the amount made payable in England. The next question is, whether a certificate of cession granted by the Courts of Jersey and Guernsey, is a discharge to such contract, and can be pleaded in bar to an action in England. We maintain that it is not; for it is a well established principle, and one that has repeatedly been recognized by the English Courts, that a certificate of cession obtained in a foreign jurisdiction is not a bar to an action in England for the fulfillment of a contract which accrued, or was to be executed there, although, at the time of making the contract, the cessionaire or bankrupt resided in the country where he obtained his certificate; [Quin v. Keefe, 2 Hen. Bl. 553.] but if the cause of action accrued in that country, and the contract was made there, a certificate obtained where the cause of action accrued, or the contract was made, would then be a bar to an action in England. [Potter v. Brown, 5 East's Rep. 124.] This point has been settled in a variety of cases, as may be seen by the following: A certificate obtained by a bankrupt in Ireland, or any foreign country, will be a bar to an action in this country for a debt contracted in Ireland or the foreign country; [Ballantine v. Golding, Cook 487.] but not to an action for a debt contracted here. [Smith v. Buchanan, 1 East.] Where the plaintiff gave the defendant in a foreign country, where both were resident, a bill drawn by the defendant upon a person in England, which was afterwards protested here for non-acceptance, and the defendant afterwards while still resident abroad, became bankrupt there, and obtained a certificate of discharge by the law ot that State; held, that such certificate was a bar to an action here upon an implied assumpsit to pay the amount of the bill there, in consequence of such non-acceptance in England. [Potter v. Brown, 5 East. 124,1 Smith, 351.] Chase, regulations of the.-It shall not be permitted to any one to hunt or sport before the 1st of October each year nor longer than the 1st day of February, on pain of twenty livres penalty. It is forbidden to all persons to sport on Sundays or market days at any time of the year on pain of thirty livres. No other persons than those who have a right to hunt shall upon any pretext keep any sparrowhawk, grey hound, terrier, setter, or any other sporting dog on pain of 20 livres penalty. Those who have not the right to hunt shall not in. troduce into this island any ferret, nor buy, keep, or use them, and those who shall have the right of Sporting, shall not procure them without giving notice of their intention so to do, and obtaining the approbation of the Court, upon pain against the one or the other of fifty livres for each ferret introduced or kept, or made use of contrary to this regulation. Those who have no right to hunt, shall not carry a gun to kill or destroy game, upon pain of 20 livres, nor go hunting by night on pain of forty livres. Neither shall they keep nor use, trails or other nets, snares, collars, traps or instruments, to destroy game on pain of fifty livres ; and the Constables and Centeniers shall be bound in their respective parishes to assist the King's Officers, the Master of the Chase and the Seigneurs of the fiefs, each on his manor to search in suspected houses, and to seize any of the engines or snares. forbidden to all persons to stop up at any time the burrows; and those who shall not have right to hunt, to kill, take or destroy any hare on pain of fifty livres ; and to all without exception to destroy or carry out of this island, live partridges, without the permission of the Governor and of the Court, on pain of 100 livres penalty, and to destroy young partridges or the eggs of partridges upon pain of twenty livres. It is likewise forbidden to all persons to shoot, take, or destroy pigeons, upon the like pain of 20 livres. Penalties imposed on those who contravene shall be applied half to the king and the other half to the poor of the Parish where the offence shall have been committed: and the Master of the Chase, and the It is |