pay the legacy to the legatee only. It was maintained for Plaintiff, that the attachment was perfectly legal-that no assigument of the legacy had been made for a valuable consideration, and that it did not revert to the legatee until the death of the testator's widow. The Court confirmed the attachment with costs.

Revocal of Judgments.-In the Crown v. Mallet and Vardon, 1833, an action for payment of fines levied on defendants, for their defaults at the Boys' Militia Drills; on the plea that they were old enough to join the ranks, the Court discharged the former and condemned the latter to the payment of fine and costs, grounding their decision on the eligibility of the one, and the non eligibility of the other, owing to the difference in their ages. But on Vardon's Counsel remonstrating with the Court on the distinction, they revoked their judgment and discharged Vardon also. Again: in the cause between Vibert, La Follet and others, in 1834, to recover satisfaction for a note of hand, protested for non-payment, the Jurat De Ste, Ouen was of opinion to admit defendant's offer to pay the demand and costs. The Jurat De Rozel to adjudge him to the debt and costs. The Bailiff De Veulle gave his casting vote on the former side, and judgment was recorded accordingly but a week afterwards, be changed his opinion, revoked the judgment he had given, and gave his casting vote on the latter side. Defendant's Counsel protested against this proceeding, but nevertheless the judgment was altered.

Revue de Justice-A Committee elected for the purpose of examining the condition of the streets and highways.

Riding on Shafts.-The penalty for this is 15 livres, or 12s. 6d. and in default of payment an imprisonment.

Royal Assent, treated contumaciously.-By an Order in Council of 1816, the Governor or his Lieutenant is bound to give notice to the Privy Council of every act which shall from time to time be passed by the States, by which any money shall be raised either by rate, or otherwise. Conformably to this law, Lieut.-Governor Thornton, sent up an Act of the States of the 5th of March, 1834, authorizing the Committee of markets to borrow a sum of money, at 4 per cent. interest, sufficient to purchase 102 quarters of wheat rent due from the markets, in order to prevent its becoming fonciers. The act having received the Royal Assent, was returned, accompanied by an Order in Council confirming the same, and laid before the States, on the 6th June, 1834, when Judge Marett moved the States, that the Order should be treated with contempt, because they had not given any orders for the said Act to be transmitted to the Council Board. The fact was, the States wished to usurp the

power of levying money for the public service, without the con. sent of the Crown!

Rules of the Gaol.-There is no such privilege to be purchased by debtors in Jersey or Guernsey, as in London, called living with the rules of the Queen's Bench, that is a certain distance from the prison. A debtor however in both Islands may procure a temporary enlargement from sun rise to sun set by giving bail to the officer-and if his health materially suffers by incarceration, an instance has been known in each island, in which the Court has allowed the debtor to live out of Prison altogether, on giving bail that he would not leave the Island.

Run-away Debtors to France.-It may perhaps be of assistance to many who are suffering from the misconduct of fraudulent debtors, to be informed that the Cour Royale of Douai, in 1834, decided in the case of "Wellesley v. Tourasse," that proceedings could be effectually taken in France by a French citizen before the French tribunals upon a bill of exchange drawn and accepted by an Englishman in England, and after its dishonor, endorsed to a French citizen, for the express purpose of enforcing payment, even though the formalities required by the Code de Commerce had not been complied with in the framing of the bill or the form of the endorsement. The circumstances in the case above referred to were briefly these :-Mr. Long Wellesley, then resident in England, being indebted to Mr. Phillips, the auctioneer, accepted a bill of exchange drawn by the latter. The bill, when at maturity, was dishonoured, and proceedings being taken upon it, a judgment in the Court of King's Bench was obtained against Mr. Wellesley, but which judgment could not be enforced against Mr. Wellesly's person by reason of his parliamentary privilege. On the dissolution of Parliament Mr. Wellesley removed to Calais; the bill was subsequently endorsed by a commercial house in London, who were then the holders of it, to their correspon. dent, M. Tourasse, a merchant in Paris, the endorsement being in blank, and not stating consideration or the other circumstances required by article 137 of the Code de Commerce. [Art. 137. L'endossement est date. Il exprime la valeur fournie. Il enonce le nom de celui a l'ordre de qui il est passé.] M. Tourasse placed the bill to the account of the firm from whon he received it, and then caused Mr. Wellesley to be arrested, and the question of his right to recover was discussed before the Civil Tribunal of Boulogne, who decided against M. Tourasse. M. Tourasse then appealed to the Cour Royale of Douai, who annulled the judgment of the Civil Tribunal, and

condemned Mr. Wellesley to imprisonment until he paid M. Tourasse's demand with all costs. In pronouncing this judgment the Court entered very fully into the consideration of the various objections raised on Mr. Wellesley's behalf, as to the proceedings in England barring M. Tourasse's right to sue in France; the endorsement of the bill after it was due; the eircumstance of M. Tourasse being, in fact, but the nominal plaintiff; the informality of the bill with reference to the acceptance and endorsement not being in accordance with the requisitions of the Code de Commerce, &c. ;-all these were, however, decided in favour of M. Tourasse. An excellent report of the case, and the grounds on which the Cour Royale decided, is to be found in the Legal Observer for July, 1835. Relative to debts, the mala crux of the Code Civile against foreigners is this:-"Tout jugement qui interviendra au profit d'un Français contre un etranger non domicilie en France emportera la contrainte par corps."-(Sec. ii., tit. iii., art. 14.) "Avant le jugement de condamnation, mais apres l'echeance ou l'exigibilite de la dette, le President du Tribunal de Premiere Instance dans l'arrondissement duquel se trouvera l'etranger non domicilie, pourra, s'il y a de suffisans motifs, ordonner son arrestation provisoire, sur la requete du creancier Frangais. (Sec. ii., tit. iii,, art. 15.) Nowapres l'echeance ou l'exigi. bilite" being indefinite and without limitation, a debt or bill may be endorsed over to a Frenchman five, ten, fifteen years after its protest in England, and as there is no exemption of privileges, the first Prince or Duke may sans ceremonie" be thrown into prison in France for a bill given and protested in England 15 years ago, yet endorsed over to a Frenchman only the day before. Against this bill the party arrested cannot object the original want of value received, or that it was an usurious or gambling transaction. And it is doubtful even if proof of minority at the time he gave his acceptance would avail him, the French court being alone called on to decide the validity of the present endorsement, and that it is" au profit d'un Français," but incompetent to enter on any question touching its original voidability in a foreign country. A previous judgment of an English court might here affect the decision of the French tribunal, since a judgment being a matter of public notoriety, the Frenchman might be supposed to have had sufficient notice of the baseness of the instrument he received. Yet a French merchant sued and arrested an English broker for the amount of a policy of insurance, and although the broker put in exception his bankruptcy, which had been regularly gazetted, honourably passed, and certificate sigued,

Y

and was defended by the ablest counsel, and we believe more than once an appeal was made to higher courts, the broker invariably was cast, and the French shipowner gained his judg ment and costs.'

The truth is, the French courts assume to be more a court of equity than of law, and urge that, once proved, a debt which is a fact cannot be destroyed by technicalities which are fictions; they thus being not bound down to the letter of the law, guided by what may appear its spirit, probably has oc. casioned the contradictory judgments of the different courts, and the constant quashing of the judgments of one court by the other. The fallacy, however of the notion of justice without strict law has been incontrovertibly proved by Blackstone. The debtor who leaves England from dread of his cre. ditors, certainly if pursued by the way of endorsement through natives, leaps out of the frying pan into the fire, for he throws away bail, and the innumerable quirks by which the attorney knows how, if not to defeat, to gain time; he deprives himself of every plea of defence, and the benefit of the Statute of Limitation and the Lords' Act; if a bankrupt risks the ripping up of the commission, he subjects himself, whatever be his rank, if not above sixty years of age, to four years' imprisonment, should his debt be near £40., to ten years should he owe £300. If, in addition to this the French courts will carry into effect English judgments, we may soon expect to see the return from France of many of our countrymen, to get rid of whom, and of foreigners generally, whether beneficial or not to England. We sincerely believe it to be the policy, design, and desire of the Government of France, to effect this purpose, although they swallow a camel, they strain not at a guat.-B [Times.]

*

Rule of the Courts at Westminster, serving of.—If a rule be granted by any of the Courts at Westminster, for a party living in Jersey or Guernsey, to show cause, it might be served by a private individual residing on the spot, and an affidavit of the service be made and sent up to London. It is immaterial where the service takes place; all the Courts require is that the party shall have notice, before they make the rule absolute on him. If the rule could not be served in the ordinary way, which is by delivering a copy personally, the Courts would, on an affidavit that due diligence had been used to find the party without effect, order that service, by leaving a copy at the party's residence, or sending a copy by post, postage paid, should be deemed good service, and in default of appearance pursuant thereto, would make the rule absolute.

Sabbath, regulations for observance of.-After the Bell shall have ceased to ring,and Divine Service shall have commenced, persons shall not be suffered to remain in the Church Yards; and if any one is found there, he shall be liable to a penalty of twenty sous. Those who shall be found at Taverns on a Sunday during Divine Service, shall be liable to a fine of twenty sous, and the Landlord or Landlady, that of ten livres, and to forfeiture of their Licenses, if the case deserves it: and those who shall be found drunk in any place that day, shall pay twelve sous for the first time, twenty four sous for the second, and sixty sous for the third in the space of one month, which shall be levied by the Constables or Centeniers upon the first goods of the delinquents, and in default of goods, upon the Hotel keepers, found in default. No person shall be allowed to carry a bundle or burthen, on pain of thirty sous and confiscation thereof. Those who shall swear at any time, be it by inadvertence or in a fit of anger, shall be subject to 10 sous penalty, and two livres for the oaths or blasphemous words; and double penalties for the second offence, and for third the offender shall be presented in Justice and punished according to his demerit. The Constables or Centeniers shall have power to seize for the pecuniary penalties on the first goods of the offenders, and in default of payment, shall sell them by Auction on one of the days of the week in the usual form, and the penalties shall be applied to the use of the poor of the parish where the offence shall be committed. Swearers and blasphemers not able to pay shall be put and detained one hour or two in the Parish Stocks, by the Constables or Centeniers at their discretion. Tavern keepers shall neither sell nor send out liquors, during divine service on Sunday, nor kater than 7 o'clock in the evening, from Easter to Michaelmas, nor after 5 o'clock in the evening from Michaelmas to Easter, on pain of twenty sous, against the person who shall be found in contravention, and ten livres against the Tavern keeper and forfeiture of license if the case merits it, which penalties shall be levied on the spot by the Constables or Centeniers, and upon the first goods of the delinquents in case of refusal of payment. The Constable shall render an account for the benefit of the poor of the above penalties to be distributed extraordinarily.—Code,

W71.

Sacrament Sunday is once a quarter. On the previous Saturday, the Court does not sit, the customs of the country having provided that the magistrates should have one clear day to purge their consciences before they approach the Lord's table. Nevertherless, the Bailiff and two Jurats attend, to ratify the