might be without deed, for the deputy acts only as the servant and in the right of his master. Hence it is more than questionable, if the Deputy is amenable to the Jersey Court for his conduct; he, himself, has publicly declared that he is not, and this view appears to coincide with the principle laid down in the Queen's Bench, in the case of Newland v. Duke of Beaufort, when the learned Counsels, Campbell and Creswell, contended" that the Crown had no prerogative to empower a subject to appoint a Deputy who should be responsible to the public for the due discharge of the duties of his office." The Court took time to consider the point, and afterwards affirmed it. If the Deputy cannot be made amenable to the Jersey Court, it is quite clear that the Viscount cannot, inasmuch as he lives in England, out of this jurisdiction, consequently the only remedy for personal wrongs, arising from the Deputy's conduct, is for the injured party to sue the Viscount in the Court of Queen's Bench for damages.

Désastre, declaration of.-This is a declaration of insolvency, usually made by one creditor, when he has doubts of his own security, to prevent another from acquiring a preference over his debtor's estate, and thus to enable all who shall attach the property within the period allowed for that purpose, to share in the proceeds. For example: suppose a creditor is about to obtain judgment against his debtor, and thus to acquire a preference for the amount of his claim; another creditor, if he shall think there will not be sufficient to satisfy him also, or even the debtor himself if he considers himself insolvent, may declare the estate en désastre ; [see Insolvency,] on which the Court makes a record of the same, and adjourns for a certain number of days (generally 14 or 21) the passing of all causes against the debtor, so as to enable claimants to levy attachments, thenceforth. On passing the said causes, judgment is always suffered to go by default, the claims are not proved, and whatever might be their nature, they are admitted, and all stand on the like footing: no provision however is made to protect the rights of absentees not represented. The property is then sequestrated for the benefit of the attaching creditors, and if moveable, is sold before the officer of Justice, and the proceeds divided amongst them, deducting his perquisites, and the other law expences, besides a commission of five per cent., not on the net, but on the gross amount. If any part be landed property, then the whole, both real and personal is adjudicated by a decree of the Court to that creditor who shall have the right to declare himself Tenant to the same.

Descent-Descent or Inheritance is somewhat intricate in Jersey. The custom of Gavelkind exists here, but though it possesses equalization in principle, it operates very unequally in practice. By the Code of 1771, the eldest child, whether male or female has (though it has been doubted whether the female has this preference only when there is no male child) in direct succession, is to have the house with its appurtenances, together with thirty perches of ground for a kitchen garden; and should there not be above four vergees more, the said eldest to have the choice of four vergees, and afterwards of the tenth vergee of what may remain. He has also other privileges, in order to enable him to pay the rents due on the Estate -after these have been arranged, the remainder of the property, whether consisting of houses, lands, or rents, to be divided between the said eldest and the other inheritors according to the ancient custom and practices of the Island; viz. two thirds among the males, including the eldest, who now stands with the younger sons; and only one third between all the daughters howsoever numerous. Nor must the portion of any daughter exceed that of the younger son; so that if in a family of ten children there should be five or six daughters, the respective portion of each daughter, would probably be a mere trifle. The inheritors or their representatives cannot raise any pretension to a division if there be no claim within forty years. The value of the lands to be divided, is made by six appraisers elected at a Parish Meeting.

Devise-In the Code of 1771 no mention is made of the portion due to widows. Though a man during his life may alienate any part of his fortune, whether real or personal, yet his widow, who in all legal documents retains her maiden name and even her appellation of Demoiselle &c. has a life interest in one third part of all landed eatates or rents, of which her husband was possessed on the day of marriage, or which he afterwards became possessed by inheritance in direct succession. The other two thirds of which he may have been possessed, fall to his heirs at law, and this disposition he cannot in any respect alter. With regard to personal property, a man may if he please, devise one third to whom he will; his widow will have a right to another third; and the heirs at law to the remaining third. The personal Estate thus divided, becomes the absolute property of the parties, to whom the portions fall.

Disallowed.-It is understood that in all cases when her Majesty's confirmation shall be necessary to give validity and affect to any Act passed by the States. unless her Majesty's confirmation thereof shall be obtained within three years,

from the passing of such act, such act is considered as disallowed.

Disqualified Electors are minors, women, those under curators, and persons convicted of perjury.

Dissent. This is a kind of veto put by the Bailiff against a resolution or Act of the States, when passed through any in. formality or contrary to the provisions of the constition. It stops all their proceedings, but on placing his veto he is required to send his reasons for the same in writing to the Council Office. [See Provisional Laws.]

Disturbers of the peace cannot be seized by officers of the police without the Constable's authority. The Crown officers, Viscount and Denunciators can seize delinquents at all times though they scarcely ever do it.

Divorce. Neither the States nor the Court of Jersey are competent to dissolve a marriage under any circumstances whatever; but the Court can separate husband and wife as to their property, quant or biens, if both are willing; and upon the petition of either party in cases of incontinency and adultery, the Ecclesiastical Court can separate them a Thoro et Mensa, as to bed and board. After separation quant aux biens the civil law no longer views them as one flesh,' but as two distinct parties, each having separate rights and interests independent of the other, and also to third parties; inasmuch that either one could maintain an action at law against the other. Thenceforth both husband and wife can carry on trade or merchandize separately,or jointly as co-partners: in which case the wife as well as as the husband becomes personally liable to all the operations of the law of debtor and creditor : the hus. band can sell to the wife, and the wife to the husband property, even to the prejudice of their own heirs, and of the claimants on their separate estates; which is often done, and is in fact, the principal use or rather abuse made of this custom but if the wife to whom the property was transferred should die leaving her husband her survivor, the property would go to her heirs and the husband be deprived of the enjoyment of it during his life, which he would otherwise be entitled to, so long as he remained her widower. It has been held that after a separation quant aux biens the husband not only looses all controul over his wife's personal estate, during coverture, and the enjoyment of her real property, if he survives her, but that the wife looses all legal claim on her husband for maintenance if she subsequently becomes distressed, but we have not found any precedent in which the latter point has been decided.

The usual course in this island when a husband wishes to rid himself of the maintenance of his wife is to remove himself out of the jurisdiction, and to take up his domicile in France, where there is no redress for civil wrongs sustained by British subjects, inasmuch as the laws of that state contemplate the protection and relief of only French citizens. We believe that in none of the colonies or British possessions, is there a jurisdiction competent to pronounce a sentence of divorce,and the Governors usually have a positive instruction to withhold their assent to any act of the local legislature dissolving a marriage. Even in England, the Courts can only pronounce for a divorce, as the Marriage Bond must be dissolved by Act of Parliament; because a divorce is effected not by separating man and wife, but by altering the law so far as regards the parties concerned. A divorce may however be obtained in the courts of most foreign countries, if both parties become domiciled, where the remedy is sought, so as to give them jurisdiction: but it is a well established doctrine in England, that no sentence of Divorce of any foreign country or state can dissolve an english marriage, a vinculo for grounds on which it was not liable to be dissolved a vinculo in England. [Rex. v. Lolley. 1 Russ. C. and M. 190; R. & R.C.C. 237.] The only proper course for parties wishing to be divorced is to obtain an Act of Parlia ment. It is true they may be divorced in Scotland, but then it will be necessary for them to remain within the Jurisdiction to derive any advantage from it, for a Scotch divorce does not dissolve the Marriage Bond according to the law of England if entered into there; consequently immediately the parties come within the Jurisdiction of the English Courts, they stand in precisely the same position as if no divorce had taken place.

Dogs.-It shall not be permitted to any others than those who have a right to sport, to keep more than one dog for the defence of their houses and lands, and which dog shall not be a sporting dog. Dogs which shall be known upon the information of a person of credit, to have injured in any manner, any kind of Cattle or otherwise, shall be killed by the proprietors within 12 hours after the notice that shall have been made by the Constable or Centenier, or by the Vingtenier by order of the Constable, in each Vingtaine respectively, upon pain of ten livres penalty, half to the King and half to the informer, and recompense for as many Cattle as shall have been killed, wounded, or destroyed after the said notice. It is forbidden all persons without exception to take their dogs with them, when the Sporting season is not open, and at all

times to those who shall not have right upon pain of ten livres penalty.-Code, 1771.

Doleances being in themselves odious, because they are particularly directed against the Judge whose honour ought to be maintained because of Justice, his Majesty with the advice of his Council shall impose such fine upon the party complaining in that manner who shall fail to justify his complaint, as the circumstances may require. Three years interruption, or of discontinuance of prosecutions in matters mobiliary (moveable property) shall furnish an exception, or prescription sufficient for the case.-Code, 1771.

Dowry-The wife's portion of her husband's property, which he possessed at his marriage is one third. He can sell none of such property without her consent, and her claim holds good against his estate in bankruptcy as well as after his death. The wife has no controul in property acquired by her husband subsequent to marriage. Furniture, plate and linen are considered as belonging to the wife. A widower enjoys at his wife's death, if there have been children, her real estate until he marries again, but it then reverts to her next of kin, as it does if there has been no issue.

Dramatic productions.-The act of Parliament 3. Wm. 4, c. 15, by which the property of authors in their dramatic productions is for the first time secured to them, extends to all the colonies. The first section gives to the author the sole right of causing his piece" to be represented at any place or places of dramatic entertainment whatsoever in any part of the United Kingdom, or the Isle of Man, Guernsey and Jersey, or in any part of the British dominions." and forbids others to represent it without his authority. The second section gives him the power in case such piece shall be represented without his sanction to sue for the penalty" in any Court having jurisdiction in such cases in that part of the United Kingdom, or of the British dominions, in which the offence shall be committed."

Drawbacks are not allowed on any glass exported to the islands of Guernsey, Jersey, &c., except when the names of the said islands are respectively mentioned; nor on any plate glass, ground and polished, which shall be of less thickness than of an inch.

Duelling. It is customary in Jersey, when the combatants are in earnest, for them to adjust their differences in Guernsey, and vice versa; because then, if one party should kill the other, neither the survivor nor the seconds if they escape back again to their domiciles can be prosecuted; seeing that the Court

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