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are sick and unable to attend, they must be essoined; and if dangerously ill, or are about to leave the country, their evidence may be secured by moving the Court to grant leave for their depositions to be taken in writing by the Viscount or his Deputy, and those depositions are admissible at the trial. The Court possesses no power to summon witnesses from England, nor can it issue a commission to take evidence out of the Jurisdiction.

The Attorney General carries on all criminal prosecutions, and as the laws of the country do not permit the Bailiff to act for the prisoner, or to give his opinion before the Jurats have opined and determined, every prisoner is allowed the benefit of an advocate. The Bailiff seldom sums up the evidence, nor do the Jurats offer their sentiments thereon; and what is remarkable the Bailiff never explains the law to the Jury: the Attorney-General for the Crown and the Advocate for the prisoner do this, hence it is often erroneously laid down, and as often erroneously adopted by the Jury; for it must be observed that the latter are allowed to judge the law as well as the fact it therefore follows, that if the Jury should misconceive the law, either to the prejudice of the Crown or of the prisoner, inasmuch as no motion for a new trial is ever granted, the injustice done in such a case, is a wrong without a remedy. The Jury are sworn to give a verdict to the acquittal of their consciences, and not according to the evidence, as in England: hence the great latitude which their oath allows them is prejudicial to public justice, both as regards the prisoner and the crown: for it might happen, that a verdict will be given against a prisoner, not only unsupported by the evidence, but contrary to it; by which he may be convicted of a crime he is innocent of; in which case, there is no remedy, as there is in England, where a prisoner's counsel can move for a new trial, either on the ground of a misdirection of the Judge, or of an improper verdict. We do not pretend to say that any capital execution has resulted from this latitude given to the Jury, but the bare possibility of it, is enough to harrow up the soul, and calls loudly for redress. To find a person guilty, seven out of thirteen of the Petty Jury, and twenty out of twenty-four of the Grand Jury, must concur in the verdict; which is usually written on a piece of paper and

handed to the Chief Magistrate by the foreman. It is genenerally considered that this is more humane than an unanimous verdict of twelve, but we think otherwise. The English law is so merciful, that no man's life can be taken from him, whilst the least doubt exists of his guilt, hence if only one of the Jury refuses to concur in the verdict of Guilty, his life cannot be taken: whereas in Jersey a prisoner may be convicted and hung, notwithstanding the strong doubts which must exist, when four persons find him innocent. After the Jury have received their charge, they retire to a consulting room, accompanied by the Deputy Viscount, who takes all the documents relative to the proceeding, and lays them before the members. He also remains at the door, to see that they have no communication out of the room. The verdict in Jersey is pluto coupable qu'innocent, or plutot innocent que coupable which may be rendered "Rather guilty than innocent, or rather innocent than guilty;" but sometimes a qualified verdict is given, such as finding the prisoner guilty of the facts charged, but not of the motives; or a verdict which modifies the accusation, or in other words, one that finds the prisoner guilty of a crime which he is not charged with. [See Accusation, Mitigating of] Sentences are pronounced by the Bailiff, and if capital, both he and the Jurats put on their hats, and the prisoner kneels before them whilst sentence of death is passed. It runs as follows:-" That the prisoner be taken to the prison in irons, and delivered over to the public executioner; That he be taken from thence with a halter round his neck to the place of execution, and there be hanged by the neck till he be dead, and that his estate and effects be confiscated to the use of the crown or the Lord of the Manor." The Governor has no authority to suspend the execution of a convict until the pleasure of her Majesty be known, nor has the criminal a right to appeal from the insular tribunal to the Mercy of the Queen in Council; but as the laws of Jersey do not explicitly distinguish between Manslaughter and Wilful Murder, and both are equally capital; it is provided from above, that in the former case the Court shall not proceed to sentence until the fact be laid before her Majesty.

THE REVENUE.

The public Revenue of the Island is chiefly derived from an Impôt on Wines and Spirits, under the administration of the Lieut.-Governor, Bailiff and Jurats, according to the conditions of the Patent, by which authority it is levied. Another source of the revenue is the Anchorage and Harbour dues, the proceeds of which are under the administration of the States, and are generally applied to the repairs and improvement of the harbours: and lastly, the licences of publicans, the principal revenue from which arising in St. Helier, is applied to the lighting of the Town with gas, and that of the other parishes to local purposes. The first grant for the impôt, which was then one sous per pottle, was in 1615, and was confirmed by Charles the First; but the distractions of the kingdom prevented its receiving the authority of the great seal till 1649, when it was renewed by letters patent from Charles the Second. The duties levied under this patent are on Portuguese, Spanish and Italian Wines, two pounds ten shillings per pipe, on French and Rhenish Wines, two pounds per pipe, and on Spirits one shilling per gallon. There are about 120,000 gallons of spirituous liquors per annum, consumed in the Island, the population of which is nearly 40,000 souls. Publicans who sell wines and spirits, pay for their licences, £5 per annum, with a fee of 6s. to the Greffier. Those who only sell Beer or Cider pay 25s. There are about 200 licenced publicans in the town of St. Helier, with a population of 18,000 and about 300 in the country parishes.

per annum.

The whole principle of taxation which is politic and just, speaks its own praise and requires no eulogy. The amount raised is trifling, and no portion of it is laid upon the necessaries of life, or bears upon the wants of the poorer classes. A state is happy, when its situation is such as to admit of this system, so conducive to the interest and welfare of its people, and to the increase and prosperity of its commerce; and which adding to the enjoyment of the natural advantages of Jersey, causes it to be resorted to by strangers, and contributes to heighten that attachment to his soil which is felt by every

native.

The agents for collecting the Revenue formerly received a commission of four per cent., but now the principal Collector receives £120, and his assistants £80, per annum. They are annually nominated by the Governor, Bailiff and Jurats, and continue in office during pleasure. The present collectors are MR. CLEMENT SOREL, for St. Helier's.

MR. P. LE Geyt,

MR. P. DEAN, for St. Aubin's.

Mr. P. WARNE, of the Customs, Auditor.

The following is a copy of the Letters Patent of Charles the Second

Charles the second, by the Grace of God, King of England Scotland, France and Ireland, defender of the faith, &c., to all whome these presents shall come greeting, know yee that wee greatly tending and affecting the good and welfare of our loveing subjects, the inhabitants of our Isle of Jersey being desirous that they may be Instructed in good Lettres and that Learning and other good and profitable Arts and Sciences may Florish amongst them, as alsoe that theire Poore may be maintayned by employment in some lawful vocation, and that trade and traffique may increase amongst them, and upon their humble petition lately tendered to us by the Governor, Bayliffe, and other Officers, and Inhabitants of the said Island. Consideration thereof had in Councell as alsoe of a Warrant of our late Royall Father of blessed memory in the third yeare of his Raigne, Directing his letters to be made Patents, and granted upon a like petition, formerly presented by the States of the said Isle of our especiall grace certaine knowledge and meere motion and with the advice of our said Councell, have given and granted and by these presents for us our heires and successors, doe give and grant unto the Bayliffe and Juratts of our said Isle for the time being, and their successors, or by what other name or names of incorporation soever they are or have been called or knowne full power, Lycense and authority from and after the feast of Saint Michaell the Archangell, now next comeing to aske demand, leavy, collect and receive, of and from all and singular Merchants Treaders and others; person and persons, whatsoever that shall import or bring any wine or wynes, cyder or apples of the kindes or sorts hereafter mentioned from any parts beyond the seas, into the said Isle of Jersey,

the severall rates, dutyes, and sumes of money followeing, that is to say—for every tunne of French or Rhenish wines, twenthy foure Livers tournois, for every Butt or Pipe of Canary or Spanish Wines, fifteen Livers tournois, for every Pottle of Brandy twelve sols tournois; and for every tunne of cyder brought of Normandy or Brittany, or any other forreigne parts, foure Livers Tournois, and for every quarter of apples, eight sols tournois of currant money of the said Isle, and soe for every greater or lesser proportion of wine, cyder and apples respectively, and wee doe alsoe hereby for us, our heires and successors, give and grant unto the said Bayliff and Juratts and theire successors, all summes and summes of money, benefits and profitts whatsoever, which shall from time to time arise and grow and be made received and perceived upon any demisse or lease to be made thereof, or by the collecting and receiving the same by themselves or theire Deputyes according to the true meaning of these presents, to have and to hold the said summe and summes of money, rents, profitts and commodityes to the said Bayliffe and Juratts, and theire successors to the uses, intents and purposes, hereafter in these presents expressed without any manner of accompt, recompense or allowance to us, our heires and successors, to bee therefore or by any use thereof rendered paid, made or given, or otherwise then according to the true intent and meaning of these presents, and for the more plaine declaration of our intent and purpose. Wee doe hereby signifye and make known, and our Expresse Command and pleasure is, that two thousand Livers tournois by the yeare, part of the Revenue hereby arising shall be paid by the said Bayliffe and Juratts, and theire successors, to the Masters and Vshers of such Schoole, Colledge, or Academy, as is now intended to be built in the Towne of Soint Helier, within our said Isle of Jersey, by our trusty and well beloved Councellor, Sir George Carterett, Knight and Baronett, vice Chamberlayne of our household, in such proportion as hee shall appoint and direct, hee the said Sir George Carterett, having already at his owne expense and charge undertaken a considerable part of the Building and Endowment thereof, and that the said yearley summe of two thousand Livers tournois, shall goe towards the building and erecting of the said Schoole, Colledge or Academy, untill that the same shall

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