purpose whatsover, without the consent of the Bailly and seven of the Jurats at least and that only to shew for some public good or necessary use concerning the state, or the poore inhabitants of the said Island.

IV.-If any man for his private use or satisfaction, shall desire to see the said evidences, or any of them, that then he either shall do it in the presence of the keys keepers or their deputies, or else a true copy thereof, by them appointed, or by order of the Court, shall be transcribed by the Greffier, and by him delivered with true testie or concordat, signifying that it doth agree with the original of that which is transcribed, to the party desiring the same ; the said party contenting and paying to the Greffier for his paine as by the Bailly and Justices shall be appointed.

V.-In case any of the keepers shall be sick, or out of the Island, or soe detained, his keye and the use thereof shall be requisite and needful, that then it shall be lawful unto him, for the time onley and not longer, to leave his keye with the Jurat that is next in order and degree, unto him according to the course and manner of the sitting in the Royal Court; and if the Bailly happen upon the like occasion to be absent, then he shall leave the same with his Lieutenant for the time being.

VI. That those acte-books and Court rooles only which have been made since the last twenty years, whereof there may be necessary use, and dayly use, shall be set apart in a public chest in the treasury, wherof the Greffier onley shall have the custody and keeping, and shall not take or carry, or suffer to be taken or carried, at any time out of the public chest or treasury any of the said actes, books, or Court rolles,but shall deliver a true copy of any thing in them contained whensoever any shall require it, receiving for his paine the fees accustomed.

VII.-That there shall be a catalogue alphabettically made of such evidences as concern the Isle, wherein shall be set down a note of the Kings, in whose lives they were made or granted, and of the persons or matters in them contained.

VIII. That there shall be a book, called or known by the name of a Ledger-book, well bound, wherein the Greffier shall write or cause to be written, a true copy of the extent and of all the said evidences, which book shall remin with the Bailly for the time being; unto which booke in the end thereof, an index or repertory shall be added, concerning the principal matters of the said book, and in what leaf of the book the same are written.

IX.-And because the making and finishing of this book will require more labour than may be conveniently done and effected by the Greffier, as we verily suppose, we doe therefore wish the Bailly and Justices, to assign and join some other unto him, whom they shall think most fit for the expedition of this service.

X.-Lastly, we order that if the Governor, his Majesty's Procureur or Advocate, or any of his Majesty's officers, shall have necessary occasion at any time for any cause whatsoever concerning his Majesty, to search for, see, or coppy, out of any of the evidences aforesaid, this shall be allowed unto every of them without paying any fees for the same, soe that all other points and circumstances in our orders aforesaid set down for the safe keeping of the said evidences be duely kept and observed.

Guardians, called in French Tuteurs, are appointed to take care of Minors, generally those who are left orphans; they are elected by six of the nearest relations, on being summoned to appear before the Court for that purpose. Their duties are set forth in the Code of Laws of 1771, as follows:-Tuteurs shall be bound to make inventory on their admission, of the goods moveable and immoveable of minors, and of the titles, papers and evidences in the presence and with the assistance of the majority at least of the electors, and to deliver them within forty days under their signature on pain of a fine, which shall not exceed two hundred livres against the Tuteurs neg. lecting, and to answer the losses or damages which shall be caused to Minors. They shall take care of the persons of Minors; shall see to their education and conduct, and incur the necessary and just expenses, according as their situation and means demand. They shall be obliged to take the same care of the goods and affairs of minors as a good Father of a Family takes of his own, on pain of answering for the injury or damage contrary to such care. They shall cause to be sold without delay, gouds of a perishable nature, and employ the monies to the benefit of Minors, except things the use of which might be necessary for the minors, and in case that the Guardianship should not continue but for a short time, or when it shall be judged proper to keep them until they shall become of age, in which the interests of the minors are concerned, the Tuteurs shall take advice of those persons who shall have appointed them and who are to give them advice. The monies which shall arise from the Sale of moveables and other effects and those which shall be found to be the property of minors, shall be employed by their Tuteurs, first in discharging their

debts, and the surplus as well as the monies arising from other causes, or even the savings of their revenues in that manner, as shall be judged by the Tuteurs and Electors most profitable to the minors, and for that purpose the Tuteurs shall have a delay of six months for their settlement, after that they shall have in their hands a sum sufficient, after which they shall be obliged to account in their name for the interests unless that they show that they have done their utmost but have not found any way to employ it.' The following is a translation of the Oath which the Tuteur or Guardian takes on accepting his office: You swear and promise. by the faith and oath that you owe to God, that well and faithfully you will execute the office of Tuteur or Tuteuress of the child (or children) under age, of -; that you will bring them up in the fear of God; that you will preserve and auginent their goods, honor, and profit, as your own, and better if it shall he in your power; that you will regulate yourself by the good counsel and advice of your electors, and that at the end of your term of office, you shall render good and faithfull accounts to whomsoever it shall appertain, and perform generally all other duties which belong to the said office.' Guardians are bound to place all monies out at interest for account of their wards, and in default of so doing, are liable to pay interest thereon, with the exception of one year, which is allowed for making an investment. This principle is clearly laid down by Terrien and other commentators, and has been confirmed by the Jersey and Guernsey Courts on several occasions. In transfers of property, the law requires that four out of seven electors shall advise the Guardian, and a document must be signed by them authorizing him to sell, buy or otherwise transact any business relating thereto. In the case of Gibaut, Curator of P. Lempriere and wife v. certain Electors, 1836, actioning them to show cause why an opposition lodged with the Bailiff, against plaintiff passing a contract for the aleniation of certain property which he had agreed to sell, the Court held inasmuch as only three of the Electors out of seven, had authorized the sale, though the others might have verbally assented to it, that the opposition should be confirmed, and therefore discharged the defendants from the action.

Guardians their responsibility.-By the law and practice of the Royal Court of the island, a guardian who has not made himself responsible for a debt one from a deceased person, is not subject or liable to be sent to prison for any such debt[Adv. P. Le Couteur, see his affidavit, March 9, 1833, in the

matter between Le Gallais and others v. De Veulle, Bailiff, before the Privy Council.] In the case, however, of Mr. F. J. Le Montais, guardian of the persons and estate of the children of the late John Touzel, who was personally arrested by the Deputy Viscount, at the suit of Clement Francis Chevalier, a creditor of the said Touzel, the Court confirmed the arrest, and adjudged him to pay the said demand. [See Le Montais' affidavit. Ibid.]

Guardian, who disqualified for.-In the case of Mr. P. Mauger, v. C. De Ste. Croix, Esq., guardian of the children of the late Mr. James Lynn, the Court, in 1820, decided that the defendant being Deputy Viscount could not be a guardian or tutor according to the law and custom of the island. In the case of De St. Croix and others appellants, v. Journeaux and others respondents, 1836, the Privy Council held conformably to an Ordinance of 1562, that a Jurat could not be elected guardian to a minor, and being a guardian, the moment he was elected Jurat he ceased to be entitled to act as guardian.

Habeas Corpus, Acts of.-The original Statute, is the 31 Ch. 2, c. 2, intituted "An act for the better securing the liberty, of the subject, and for the prevention of Imprisonments beyond the seas." It extends to the Islands of Jersey and Guernsey, and was transmitted from the Council office to the authorities of both Islands in 1832, with an order to register the same, (not that the registration was essential to the act) but which order was disobeyed. The statute enacts. 1. That on complaint and request in writing by or on behalf of any person committed and charged with any crime, (unless committed for treason or felony expressed in the warrant; or as accessory, or on suspicion of being accessory, before the fact, to any petit. treason or felony; or upon suspicion of such petit-treason or felony, plainly expressed in the warrant; or unless he is con. victed or charged in execution by legal process), the lord chancellor or any of the twelve judges, in vacation, upon view. ing a copy of the warrant, or affidavit that a copy is denied, shall (unless the party has neglected for two terms to apply to any court for his enlargement) award an habeas corpus for such prisoner, returnable immediately before himself or any other of the judges; and upon the return made shall discharge the party, if bailable, upon giving security to appear and answer to the accusation in the proper court of judicature. 2. That such writs shall be indorsed, as granted in pursuance of this act, and signed by the person awarding them. 3. That the writ shall be returned and the prisoner brought up, within a limited time according to the distance, not exceeding in any

case twenty days. 4. That officers and keepers neglecting to make due returns, or not delivering to the prisoner or his agent within six hours after demand a copy of the warrant of commitment, or shifting the custody of the prisoner from one to another, without sufficient reason or authority (specified in the act),shall for the first offence forfeit £100,and for the second offence £200 to the party grieved, and be disabled to hold his office. 5. That no person, once delivered by habeas corpus, shall be recommitted for the same offence, on penalty of £500. 6. That every person committed for treason or felony shall, if he requires it the first week of the next term, or the first day of the next session of oyer and terminer, be indicted in that term or session, or else admitted to bail; unless the king's witnesses cannot be produced at that time: and if acquitted, or if not indicted and tried in the second term or session, he shall be discharged from his imprisonment for such imputed offence: but that no person, after the assizes shall be open for the county in which he is detained, shall be removed by habeas corpus, till after the assizes are ended; but shall be left to the justice of the judges of assize. 7. That any such prisoner may move for and obtain his habeas corpus, as well out of the Chancery or Exchequer, as out of the King's Bench or Common Pleas; and the lord chancellor or judges denying the same, ou sight of the warrant or oath that the same is refused, forfeit severally to the party grieved the sum of £500 8. That this writ of habeas corpus SHALL RUN INTO THE COUNTIES PALATINE, CINQUE PORTS, AND PRIVILEGED PLACES, AND THE ISLANDS OF JERSEY AND GUERNSEY, any law or usage to the contrary notwithstanding. 9. That no inhabitant of England (except persons contracting, or couvicts praying, to be transported; or having committed some capital offence in the place to which they are sent) shall be sent prisoner to Scotland, Ireland, Jersey, Guernsey,or any places beyond the seas, within or without the king's dominions on pain that the party committing, his advisers, aiders, and assistants, shall forfeit to the party grieved a sum not less than £500., to be recovered with treble costs; shall be disabled to bear any office of trust or profit; shall incur the penalties of præmunire; and shall be incapable of the king's pardon.

The powers of the 31 Ch. 2. c. 2. are by the 43 Geo. 3, c. 140, extended to to bringing up prisoners in England, for trial or examination by Courts Martial, Commissioners of Bankrupt, &e. but it does not appear that this Act reaches the Islands. The subsequent Act 56 Geo. 3, c. 100, intituled, An Act for more