Seigneurs of the fiefs for the faults committed on their fiefs shall be entitiled to claim an equal penalty with the King. Persons contravening shall be convicted by their confession or upon the oath of one or more witnesses and shall be condemned for the second offence if they show contempt, to the respective penalties or be subject to imprisonment if insolvent; but they shall not be subject to any prosecution after the expiration of a year from the offence.-Code, 1771.

Chancellor's Commission for taking evidence on a bill in Chancery is available in the Islands.

China and India Goods.-East India price goods may be removed by land carriage from London to Southampton, for the purpose of exportation to Guernsey, Jersey, and Havre. -T. O. 31 August, 1836, and C. M. 20th September, 1834, Choses in Action are not assignable.-Code, 1771. Church Treasure.-See Trésor de l'Eglise.

Churchwardens.-The week next after Easter the Minister and Inhabitants of each Parish annually choose two Churchwardens, discreet men of good conversation and capacity. If they cannot agree in the election, the Minister has the power to name one, and the Parishioners another, by a majority of voices. They are sworn on the first day of the Ecclesiastical Court, following, and admonished of their duty, which is of a similar nature to that of English Churchwardens. Their accounts are audited in the Easter week before they quit office, and signed by the Minister and Chiefs of the Parish.

Citations to appear before an ecclesiastical court in England are as valid in Jersey, as in any part belonging to the diocese of Winchester.

Clameur de Haro, (corrupted from Rou the name by which Rollo was called in French) was instituted by the Duke of Normandy of that name,and was meant to compel all who heard it to fly to the relief of the exclaimer, or to desist from their illegal proceedings. This custom which was venerated nearly a thousand years, is now getting obsolete. It is a remarkable feature in this process, says Mr. Durell, that it is carried on by the Crown, and that the losing party whether plaintiff or defendant is mulct in a small fine to the King, because the sacred name of Haro is not to be carelessly invoked with impunity. It is the ancient form in Jersey to oppose all encroachments on landed property, and the first step to be taken, by which an ejectment may be finally obtained. It was decided in the case of Pinel v. Le Gallais, that the Clameur de Haro does not apply to the opposal of the excution of a decree of the Royal Court.

Clandestine Acts.-Where parties are bound by the laws of their own country to execute an important act or contract with certain solemnities, it is doubtful whether they can elude their own law, by going purposely to another Country where such solemnities are not essential and then returning immediately when the act is done. It is a question of public law; and the most celebrated writers on public law, have holden that such an act is fraudulent; it is fraudem facere legi, which the laws of all nations disallow. For instance, suppose two parties living in England to agree on the sale and purchase of landed property situated there, were to come to Jersey to execute the conveyance, in order to avoid the use of stamps, which are necessary in their own country, such conveyance would he held in England to be fraudulent: or suppose, two persons, a frenchman & an english woman domiciled in Jersey were to go to France, or if domiciled in France were to come to Jersey, to be married, to avoid certain formalities, and that the ceremony were performed according to the usages of the country in which it took place, and where those formalities are not required, such marriage is fraudulent and void; for the contract ought to be perfected by the observance of all those forms which the laws of the other country require to make it binding in that country also.

Clearance. No vessel or boat belonging wholly or in part to His Majesty's subjects shall sail from Guernsey, Jersey, Alderney, Sark, or Man, without a clearance, whether in balJast or having a cargo; and if with a cargo, the master shall give bond to His Majesty, in double the value of the vessel or boat and of the cargo, for duly landing the same at the port for which the vessel clears; and every such vessel or boat not having such clearance for a cargo, shall be found light or with any part of the cargo discharged before delivery thereof at the port specified in the clearance (unless through necessity, or for preservation of the vessel or boat, to be proved to the satisfaction of the commissioners of customs), shall be forfeited. 3 & 4 Will. 4., c. 53, s. 7.

Clerks and Sextons, are chosen by the Minister and Parochial Assembly: must be of twenty years of age, of good life and conversation, able to read and write, and sing psalms if necessary. They receive their salaries by contributions, either in corn or money. The office of Clerk to the parish of St. Helier is worth about £200 per annum.

Collectors of Alms-There are two persons chosen for their known probity and sobriety in each parish in the same way as the Churchwardens, and with whom they act as sidesmen;

are sworn in Court and account twice a year, at Easter and Michælmas, as to their office before the Minister and Parishioners. They are also called Diacres or Deacons. The office is honorable and perpetual, not annual as in England. No Parish Officer has so near a relation to the Minister, on whom they are especially assistant at the administration of the

sacrament.

Colonial, or Foreign Law, how proved in England.-It sometimes becomes necessary in English courts to show what is the law of a colony or foreign country,—for example, to show that a contract made abroad was not valid according to the law of the place. In such cases the foreign or colonial law is considered as a fact, and must be proved according to the same rules of evidence which apply to other matters of fact. If the law is in writing, an authenticated copy of it must be produced. If not in writing, it must be proved by some witness acquainted with the laws of the country in question. [Clegg v. Levy, 3 Camp. 166, Mostyn v. Fabriges, Cowp. 174. Collett v. Lord Keith, 2 East 261. Douglas v. Brown 2, Dow. and Clark, 171, and see Inglis v. Usherwood, I East 515, and Bohlingk v. Inglis, 3 East.] In Jersey the declarations of an Advocate as to what the Law of a Foreign Country is, would be deemed sufficient!

Colonial Transactions, how proved in England. Evidence.

See

Conclusions of the Crown officer-It is not usual for the Court to go beyond the conlcusions of the Attorney General, but one or two instances have been known, where it has exacted more from a prisoner than was demanded for the Crown. No Advocate has a right to address the Court after the Crowu Officers have drawn their conclusions.

Constable. In every parish, the principal magistrate is the constable. This officer was formerly returned by the nomination of three, from whom one was selected by the jurats. He is now chosen by the same inhabitants that elect the jurats. His office is triennial, aud he is sometimes re-elected. The office is far more important in Jersey, than in England. His post is more analogous to that of the mayor in a corporate town. He is one of the members of the States; and he presides in all parochial assemblies, for secular affairs, even though a jurat should happen to be present. The duties of Constable are regulated by the Code of Laws of 1771, which says: The Constables as well as the other members of the States, shall be obliged to go to the assembly precisely at the hour appointed, unless they shall be prevented by indisposi

tion, or that they shall have some other legitimate excuse, which shall not be received unless they send a person to excuse them on oath, on pain of 100 sous penalty, which shall be levied by the Viscount, and applied according as the States shall direct. They shall be obliged to assist at the States in person if they shall not show good excuse, on the preceding penalty, and the Centeniers shall not be received for them but in case of indisposition, absence from the island, or other reasonable excuse. They shall be bound to make report of and present to Justice all persons contravening the ordinances and rules established for the good order of Society, and assemble their officers once in three months, in order that they may the better ascertain the offences which shall have been committed, and be able to know the delinquents, according to the express tenour of the oath of office. They shall not continue in their office, nor the Centeniers and Venteniers more than three years, unless they shall consent to officiate, and after that term, the King's Officer shall apply to the Court, who shall order a new election according to custom."

The following is a translation of the oath the Constable takes on being sworn into office: "You swear and promise by the faith and oath that you owe to God, that well and faithfully you shall execute the charge or office of Constable in the Parish of , you shall keep and cause to be kept the peace of her Majesty, opposing yourself and seizing defacto all mutinous and seditious persons, robbers, murderers and all other persons who shall interrupt the course of the public peace, whom you shall present in Court, to be punished according to their misdeeds; together with all haunters of taverns, drunkards, whoremongers, whores, blasphemers and all others who shall contravene the ordinances and commands of the Magistrates, which ordinances you shall keep and observe, or cause to be kept and observed, as much as in you shall be possible : you shall not suffer in your parish any person to keep a tavern, other than those established and licensed from time to time, and you shall take especial care by you and by your officers, that the day of Sunday be not profaned by haunting or frequenting taverns, or other places contrary to the ordinances in this case made, which you shall put in due execution; you shall search or cause to be searched at all times, and when it shall be necessary, or that you shall be required, namely, you shall make a general search once in three months, in all places and houses in the said Parish, which you shall suspect: you shall preserve and maintain as much as in you shall be possible, the rights which belong to the said

Parish, regulating yourself in that which concerns the well being of the public of the same, by the advice and good counsel of the Principaux and other, the officers of the said parish, which officers you shall assemble or cause to be assembled by means of your Centeniers once a month, to advise as to things that may be necessary concerning the said parish, and lastly that that they may declare all misdoers, refractory and disobedient persons to the ordinances of Justice that you may inform the Court thereof and the Queen's Officers from time to time you shall execute the mandates of the Governor or Lieutenant Governor, the Bailiff or his Lieutenant and the Jurats, in that which shall belong to their offices respectively, assisting at the States of the island, when you shall be thereunto required and all this you promise to do upon your loyal duty and your conscience."

Constable, his domicile.-In the case of Vincent v. Le Bas, in 1838, the Court (Le Quesne and Duhamel) decided that the defendant who was not domiciled in St. Brelade's, nor assessed to the rates of that parish, was nevertheless not ineligible for the office of Constable, to which he had been elected by a majority of 18 votes over the plaintiff. The jurats grounded their decision on the following precedents: the case of Aaron De Veulle, esq. domiciled in St. Helier, elected Constable of St. Clement, John Renouf domiciled in St. Helier, elected Constable of St. Mary, and Mr. Dumaresq domiciled in St. Ouen, elected Constable of St. Mary.

Constable, responsibility of-In the case of Messrs. Godfray v. Nicolle, Constable of St. Helier, the Court held him responsible personally, for alleged misconduct in his official character. The same doctrine was held by the Court in the case of Sutherland v. Le Bas, and in the case of De Camp v. Le Couteur, Constable of St. Brelades, (1830) who was absent from the Island; the Court held him personally responsible for an alleged outrage, and ordered that he should plead to the action by his administrator.

Constable's Report.-In cases where persons commit a breach of the public peace, or other outrage, the Constable is bound to apprehend the party, and in default of good and sufficient surety for their appearance before justice when required, he is empowered by the sanction of a magistrate to commit them to prison. He must present them at the bar of the Royal Court at its first sitting, with a written report to the Bailiff and Justices of the facts of the case, as they have come to his knowledge. In the case of Henry Vidamour and Mary Le