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perty, shall have the option to claim that the said act be renounced, and then the Attorney who shall have conducted the first decree, or in default of him, the Attorney who shall have conducted the decree in which the said act shall have been renounced, shall cause to be assigned before the Greffier,within fifteen days or three weeks after the said option shall have been signified, the inserans whose insertions had remained good, in order that, according to their date and rank, they renounce to their insertions, or make themselves tenant to the said property.

35.-The Greffier shall follow the ancient usuage in the drawing up of the schedule of insertions; that is to say, that the debts without attachment or mortgage shall be the first, and then the contracts, accounts or other debts according to the date they are to bear in the decree, the new dates preceding always the older dates, and without establishing any difference between the insertions of the same date.

36. The day fixed for the definitive evocation of the schedule in order that a tenant may declare himself to the property renounced, the Greffier shall call the inserans according to the schedule drawn up in conformity to article 35. Whoever shall refuse to declare himself tenant to the said property, or, who when it comes to his turn, shall not answer either personally or by the means of a Procureur duly empowered, on being called by the Greffier, shall lose the benefit of his insertion.

37,-An inserant having a guarantee, bail, associate, or partner, shall in order to preserve his right of recovery, cause the same to be assigned to appear before the Greffier the days prescribed in article 29, and the presence or absence of the guarantee, bail,associate or partner shall be established by the record of the Greffier.

38.-If the inserant, having a guarantee or bail, renounces to his insertion and attaches himself to his guarantee or bail, the guarantee or bail shall have a right to take his place and to declare himself tenant to the property renounced.

39.-If, during the conducting of the decree, one or more creditors offer to become tenants to the property, paying the debts and mortgages due by the Cessionaire and the expences already incurred they shall be admitted thereto.

40.-When an inserant or other having cause, shall declare himself tenant, the Greffier shall make a record of tenure, announcing the date which the insertion bears in the decree, and declaring all contracts and mortgages bearing a subsequent date and subject to insertion, as renounced and of no effect or value, and subjecting the inserant who shall have made himself

tenant, to the payment of all debts and mortgages of prior date, which shall not have been renounced for want of insertion.

41.-The Attorney shall withont delay cause to be summoned to appear at the Saturday's Court, either in term or vacation, the Tenant, to see the confirmation of the record of tenure ; and the Court by its act shall then adjudge to the Tenant the property both real and personal, of the tenure, and shall authorize the Viscount, or one of the officers of Justice, to put the said tenant in possession thereof, which act the said Attorney shall cause to be registered in the book of contracts of the Public Register.

42.-The contracts and other documents renounced, shall not be transcribed in the register of the decree, which shall only contain the copy of the records of the Greffier of the insertions remaining good, the protests made to the said decree, as also the copy of the schedule and the records of options made by the Tenant.

43.-A Tenant to the decree, who shall not have taken possesion of the property contained in a contract renounced in the said decree, shall be able to make it revive, by signifying in a month from the date of the act of tenure, his wish to that effect, by the Viscount or Officer of Justice, to the person or persons who shall have renounced the said contract. If the Tenant to the decree cannot discover the person or persons to whom the claim must be made, he shall signify the claim to the Greffier, who, on the record of the Viscount or Officer of Justice, shall inscribe at the bottom of the schedule, all options which shall have been made, whether it be to revive the contracts renounced, or to renounce to a tenure.

44.-If a decret is void, without a tenant, the Attorney shall cause to be assigned the persons who shall have passed contracts with the person whose property is in decree, from fifteen to thirty years before the renunciation, or who shall have obligations or mortgages bearing a date from fifteen to thirty years before the said renunciation, to appear before the Greffier, so that a tenant may declare himself on schedule, drawn up in conformity to article 35. If this period be not sufficient, the Attorney shall cause to be summoned to appear all those who shall have passed contracts, or shall have obligations or mortgages, whatever may be their dates. In case that all those who have passed contracts with the person whose property is in decree, or have obligations or mortgages on his property, should renounce to their right of insertions, the Attorney shall address himself to the Court, that he may be permitted to go back to decree the property that may be necessary.

45. Whoever being prisoner for debt, or having placed his property into the hands of Justice, shall deteriorate or cause to be deteriorated any part of his property, shall be punished by an imprisonment of not less than three months, or more than two years. Whoever shall assist him in the said deteriorations shall be punished by an imprisonment of three months at least, and of two years at most; and shall in addition be compelled to repair the damage caused.

46.--Whoever, being on the eve of losing his property in a decree, shall deteriorate, or cause to be deteriorated, any part of his said property, shall be punished by an imprisonment of not less than three months, and not more than two years, and moreover be compelled to repair the damage caused. Whoever shall assist him in making the said deterioration, shall be liable to the same penalties.

47.-No one shall be able to create on his property, rentes on condition of repurchasing them, under pain of nullity of the said condition.

48. The fines mentioned in this law, shall be for the benefit of his Majesty.

Deeds, registration of.-Deeds and hypothecations are subject to registration, under pain of being considered private, and of having no effect over others posterior in date. Such deeds to have no effect whatever if not registered within six months of their date.-Code, 1771. A Bond is considered a sort of hypothecation of the real and personal property of the obligor, and binds the heir whether he is named or not.[Falle.]

Defaut après contestation.—In the case of Attorney General v. Whitfield, 1838, defendant interjected a remonstrance against the procedings of the Court which affected him during his absence, when the full bench decided, that a judgment given on a defaut après contestation was final.

Delinquencies in Military Duties-The regular forces are tried by Court Martial; those in the Militia by the Royal Court, which in fact is a Military tribunal, inasmuch as nearly all the Jurats hold Commissions in the Militia.

Denizens.-A Denizen is an alien born, but who has obtained ex dona tione regis, letters patent to make him an english subject, an high and incommunicable branch of the royal prerogative. A Denizen is a kind of middle state, between an alien and a natural born subject, and partakes of both of them, [1 Bl. Com. 374, &c.] He may take lands by purchase or devise, which an alien may not, but cannot take by inheritance. A Denizen may therefore be a lessor or lessee, for the chief

incapacity which he retains regards the defect of inheritable blood, so that in other respects his situation may, in a great degree, be assimilated to that of a bastard. He cannot how. ever in England take any grant of lands, &c., from the crown ; nor sit in a Council, or in either house of Parliament. [Stat. 12. W. 3. c. 2.] See Aliens and Naturalization.

Denunciator.-Originally the Viscount was able without assistance to perform the duties imposed upon him by the Court; but the business having increased, certain offi. cers, called Denunciators, have since been appointed by the Bailiff, as the head of the Royal Court, to assist the Viscount in serving and executing the processes and orders. Previously to the year 1645, one of these officers had been found sufficient; in that year the Bailiff appointed a second Denunciator to assist the Viscount. Mr. Le Geyt, the celebrated Lieutenant-Bailiff and learned commentator on the laws of Jersey, makes the following statement respecting the origin of the appointment of a second Denunciator. "The Viscount," he states, "has been since nearly fifty years assisted by two Denunciators, whereas before that period there was only one, Mr. Hamptoune,* of whom I have spoken above,having about the year 1645 several places during the civil wars besides the functions of his office, and there being but one Denun. ciator, who was rather infirm, it was deemed expedient to add a second Denunciator, and Sir George De Carteret, then Lieutenant Governor and Bailiff, wished to gratify with that new appointment an inhabitant named John Le Couteur, who had rendered him some services. There are therefore at present two Denunciators." Since the year 1645, two Denunciators have continued always to be employed, and the Bailiff for the time being has, whenever a vacancy occurred, appointed some person of his own nomination to fill the office. When upon any occasion it occurs that either of the Denunciators is, from necessary absence or illness,unable for a time to attend to the duties of his office, it has been the custom for the Railiff to appoint some person to act for him during the time he was unable to perform those duties. This interim officer is called a stipulant Denunciator. The custom of appointing stipulant Denunciators in the above-mentioned cases, appears to have prevailed from a period long anterior to the appointment of a second Denunciator.

Depositions, taking of.-Attornies of the Court are bound to attend at all criminal cases to take the depositions of witnesses

* Mr. Hamptoune was the Viscount.

in writing, for which they receive no reward or consideration, and which duty the Viscount and Denunciators are exempted from on account of their official appontments. They are summoned by the Senior Ecrivain, who is exempted for that service and in default of their attendance three successive times, they are deprived of the right of passing contracts for a fortnight. Deputy of the States is usually a member appointed to represent that body before Council. It has been the custom for each Deputy at the first sitting of their assembly, held after his return to the Island, to make a report of the result of his mission, and then his deputation is at an end. [Answer of the States to the Petition of F. Godfray, Esq. before the Privy Council, in 1834.]

Deputy Viscount.-The Viscount of the Island is intrusted with the service and execution of the processes, writs and orders of the Royal Court. He is appointed by letters patent from the Crown, but performs his duties by a Deputy, who is called the Deputy Viscount. The following is a translation of his oath of office :-You swear and promise by the faith and oath that you owe to God, that well and faithfully you will execute the place and office of Viscount in the Court of the Queen's in this Island of Jersey: you shall keep and cause to be kept the peace of the Queen as much as shall be in you possible; you shall according to your duty put or cause to be put in execution the sentences,ordinances and acts of the Jurats which they shall commit to you: you shall also make all good and faithful summonses and records of your daily duties, you shall show yourself faithful and diligent in the execution of the ordinances made by the Governor, Lieutenant Governor or Deputy Governor; and of the Bailiff, Lieutenant Bailiff and Jurats; and attend and assist at the Court at all times and when you shall be thereunto required, and in causes you shall stipulate for the parties absent, taking care to preserve the right as much as shall be in you, governing yourself by the good advice of the Bailiff, Lieutenant Bailiff and Messieurs the Jurats and you shall execute all other duties which concern the said office according as they have been used and practised by former Viscounts, which you promise upon your conscience.

Deputy Viscount, his responsibility.-There is a distinction between a deputation and an assignment: a deputy is the mere servant of a party appointed, and for whose acts the principal is liable; such a person need not be appointed by deed, but a person assigned to an office must be. In Viner's Abridge. ment, title Officer," 1. 3, it is laid down, that a deputation

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