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CI AN APPEAL ADDRESSED TO HIS MAJESTY'S MOST HONOURABLE BOARD OF COUNCIL FOR THE AFFAIRS OF GUERNSEY AND JERSEY, WITH CITED CASES OF ABUSE PRACTISED IN THE LATTER ISLAND ; AND ALSO AN EPITOME OF ITS HISTORY, CONSTITUTION, LAWS, AND GOVERNMENT. BY A RESIDENT. ■P LONDON : PRINTED BY MILLS, JOWBTT, AND MILLS, (lATE BENSLEY,) BOLT COURT, FLEET STREET. 1826. ■ TABLE OF CONTKNTS Puce Opinions of Sir John Dumaresq, Mr. Le Breton, and Rev. John Mallett 2 Case of John Coutnnche for wilfully shooting; at his nephew 4 Case of Charles Le Seur for murder 5 Case of Daniel Gallaghan for ditto 7 Case of Captain Frilhurg 8 Case of Poigndestre v. NicoUe Cabot V. Peard 10 Lean v. Robinson 1 1 Moisin v. Quelin ib. Lockwood V. Brown (bigamy) 12 Case of the harbour master (Bertram) 14 The King v. Michael Bevins 15 The King v. Arthur of St, Owens 16 Meeting of the committee of the hospital 17 The judgment of the court herein 18 Le Breton v. Constable of St. Heliers U) Case of open smuggling, M'Gennis u Cabot ^1 The King v. Germain. — Smuggling French cows "^'2 Bertram v. Mallett. — The wager , 2;J The change of opinion of several Judges 24 Remarks on Mr. Allen's speech '25 The charter of King John 2f) Mr. Allen on drills and sham fights ih. A brief sketch of the island, laws, &c 27 Law terms in Jersey and the different Courts 28 The prison 30 Practitioners of the Court , m The cause or subject of action i/>. On the method of renouncing 32 Rents or quarters, the nature of 33 The method of search after a man's property in the Roval Court , jT, /• IV On separiition between man and wife ^^4 Closing reuiurks on Mr. Allen's report '*• Code of laws of Geo. 3., remarks on 35 The Grand Coustumier, or Law Book of Jersey ilf. Justices from England taking the assizes in Jersey in the reign of Edward III ^^ Title of the Kings of England to Jersey -^7 Extract from Judge Anly's petition 37 Remarks of the public journals of the island ib- Pedigree of some of the jurats of the Royal Court 38 Closing remarks 39 Ajipcndix No. 1 ^^ No. y 41 No.3 4'2 > r ■//. ^ i" f «^ 7- yV. ^ . y- -/ — / ,r ./^ /..■■, cv.:.,/^ ^.v'V ,., rc^.^ t r _ iO. APPEAL. To His Majesty's Most Honourable Board of Council for the Affairs of Guernsey and Jersey. HONOITRABLK SiRS, Tun existing abuses in the constitution of the island of Jersey render it necessary that a representation of them should at length be made to your Honourable Board, us the supreme legislators of these islandi. The right of petition, on the part of the British residents in Jersey, has been declared illegal j by which means they have been prevented from stating instances of the gross vio- lation both of law and of justice. It will be recollected, that in the year 181 1, His Majesty's r -1 commission was issued and directed to three distinguished legal gentlemen, — William Osgood, Maurice Swabey, and Henry Hobhouse, Esqrs., Barristers at Law ; confined solehf to an inquiry into the then method of electing jurats, which for a long series of years had filled the island with conten- tions of the worst description, arising from the election of uneducated and illiterate men to that office. In consequence of this inquiry, th«; charter of King John was founded, which, on the mode of electing jurats, runs, " per Ministros Domini Regis et optimates Patrice" whom the above gentlemen reported as being the Bailly, His Ma- jesty's Procureur, the Viscount, His Majesty's Advocate, and the States of the island ; and that such positive law should have its full operation and effect. This charter, had it been strictly attended to, would have produced the most salutary effects ; but in contravention of it, every rated householder has been indiscriminately admit- ted to these distinctions. On the re-establishmciit of tliis cliartor, a very suitable admonition was given to the inhabitants of Jersey : " Tlint the best security for tlieir eatslwg privileges would he found in the temperate and moderate use of them." Had this admonition been borne in mind, the subsequent pages would never have been pubHshed or called for •, but when the island contains above 12,000 native British subjects,* who dare not collectively petition against the existing abuses in the island, it behoves an individual to do so. Before 1 enter on these abuses, I venture to transcribe the opinions of three eminent men, as given before the above Commissioners ; viz.. Sir John Dumaresq, (then Lieutenant Bailly,) Mr. Le Breton, (Procureur General,) and the Rev. John Mallett. Examination of Sir J. Dumaresq, Lieutenant Bailly. Question. — " What do you apprehend to be the evils which may result from the continuance of the present mode of electing jurats }" Answer. — " The evils to be apprehended from the present mode of electing jurats are, the subversion of g')od order and the calamities conseciuent thereunto.'' — See Commissioners' Re- port, page 56. Examination of Mr. Le Breton, then Procureur Gcnsral, but now Lieutenant Bailly. Queslio?i. — •' What do you apprehend to be the evils which may result from the continuance of tlie present mode of electing jurats )" Atiswer. — '* This question is substantially answered in the pre- ceding paragraphs." (The witness had just stated that the law provided no restriction against the greatest possible abuse of the power of election.) " It may, however, be added, that men of any station in life may now be chosen to be jurats, without being in any degree quuliKete. After reading the depositions, (he Crown oflicers stated to the Jury, that they thought them amply sufficient to bring home the crime of murder, or " why had not, the prisoner ^ ''ocured a surgeon, to state that it might have been caused in some other way 1" Tlie Lieutenant Jiailly gave the usual charge to the Jury, who found the j)risoner "guilty of manslaughter only." The sentence proposed by the King's Procureur was *' pillory and public whipping."" The Court, however, thought otherwise, and ordered him to be whipt and imprisoned for three months, and to be banished the Island, with an application to the Government, (as the prisoner was a soldier,) to send him to some condemned regiment. On this verdict I beg to remark, the difference with which a native-born subject of Jersey is treated, as com- pared with persons of any other country. The sentence, inadequate to the crime as it was, called forward universal censure and animadversion, as the body of the wretched woman presented a most miserable spectacle. One circumstance, connected with this subject, cannot escape notice — that one of the Jury, who sat on the Coro- ner's Inquest, has since stated, that distinct evidence was adducedy that the prisoner was heard to declare, " {fhe could not settle her in one wau, he would in atiotliers" and that 8 evidence, to that eiTect, was transcribed by the proper officer, and is now to be found on the rolls, or records of the island. Having fully proved to your Honourable Board the exist- ence of abuses over the lives of subjects, I beg, in the next place, to shew that the same evil exists with regard to their properties. The feeling of disgust is now become so gene- ral, that the public papers do not hesitate, in plain terms, to assert, that justice is not to be found in Jersey. The following extracts, from the public journals, are, I thinkj suffic '^nt to prove it, and shew the respect enter- tained by the public, for the judges of the Royal Court : " Mb. Editor, — Pray, Sir, can you explain to me why it has so happened, that a native of the island, if found guilty of the same crime, is not punished in the same way as a British sub- ject born out of the island ? " — See Press, Aug. 9, 1825. " Yours, A Sthanoeb." A person being recommended to seek redress in the Royal Court, made the following reply : " Do you think I am such a d — d fool, as to go into that Court, where no Englishman has a chance of * * * *(>"— See Press, Dec, 28, 1824. On Wednesday last, as Captain Feilburg, of the Norwegian ship Ceres, after discharging his cargo of timber, was passing the spot where it was landed, he saw a man take one of the planks, place it in the shrouds of the brig Catherine, and then draw it on board. Surprised at tliis, he entered the vessel, and there found other planks concealed. On demanding his pro- perty he was laughed at. Not satisfied to let such daring con- duct go unpunished, he r.pplied to the first police officer he met with, to seek into the business, who told him, it was a mistake, and, finally, refused to take any steps towards bringing the offender to justice. Nothing, in consequence, was done. The Catherine sailed next day, and now Captain Feilburg can say, wherever he goes, that in Jersey his property was stolen. tt is then demanded ^ " Where are we, and with whom have we to do ?" We hope (it is added) that tlie police will be ob- liged to give some account of this business, in which the cha- racter of the country is concerned. — See Press, Sept. 21, 18';J4. ROYAL COURT, May 26, 1825. The King's Advocate read a latter from Mr. Poigndestre, complaining that Edward Nicolle had more than once broken his windows, and threatened his life. That having informed the chief of the jjolice of the circumstances, he had refused taking any measurf.'S, alleging that NicoUe was out of his mind. That, in consequence of this refusal, the complainant appealed to the Lieutenant Bailly, who sent an order to the constable to secure the person of Edward Nicolle ; notwithstanding which, his windows had since been broken. The constable being in Court, evidence was ordered to be heard.— See Press, Oct, 31, 1825. ROYAL COURT, Oct. 15. Poigndestre v. the Constable of St. Heliers. This was an action for neglect of duty. Counsel was heard on both sides, and although proof was adduced of gross ?ieglect, the constable was simply admonished, at which, it is said, " he smiled and took his departure." — See Press, Oct. 18, 1825. The laws of the island, strictly speaking, are an ancient code of Normandy; but so general is the practice of ad- mitting suitors from all quarters of the globe, that to suit the purpose of contending parties, the code Napoleon, the more recent laws of France, the commentaries of Black- stone, Bum's Justice, &c. &c., are quoted for the di-ection of the Court, and the most pernicious and unjust decisions arise in consequence. Oftentimes these codes are at variance with each other. A part of the body of jurats, on the bench, will take the code of France for their guide j some quote Blackstone, 10 and others the code Napoleon, and the nuijoiity of jurats determine the verdict. Independently of these codes, they pretend to have one of their own, which is openly violated and abused, as the fol- lowing cases will prove. ROYAL COURT, Oct. 19, 1825. Cabot V. Pcard. The defendant being in embarrassed circumstances, arising solely from tl»e unsettled state of liis Irisli property, had occasion for the loan of lO/., as a collateral security for which, he gave his double-cased watch. The bill falling due, he renewed it for another month, when the sum of 10s. waa added as interest for that period. This method of renewal continued for several months ; at the expiration of each a fresh bill was prepared, with a similar addition of lOs. for interest. On the last of these bills amount- ing to Mil. 10s, the defendant was arrested and imprisoned, and, on the above day, the cause was heard. The defendant pleaded that he had been unfairly imprisoned, as his watch had been sold, and tliat he had been most osuriously and harshly dealt with. The various notes were tendered as evidence, but refused by the court, (as also the proof of his watch being sold,) contrary to an article in their code of laws, p. i28. '• That, in conformity to an ordinance, by an act of the Court of Heritage, the 23d of September, 1714, the interest of money shall not exceed Jive per cent., under pain of being reputed usurious." — Jersey, Loyalist, Oct. 22, 1825. The ordinary privilege of appealinr^ to their LordHhips, the council for the affairs of Jersey, (to whom appeals lie from the Royal Court,) was here too expensive a process, to allow Mr. Peard to avail himself of it ; but independently of this, a British-born subject is required to give two secu- rities, who are bound, in an enormous sum, to meet the ex- penses of the appeal. Thus, for want of this security, (which is seldom to be met with,) this privilege of appeal is worse than useless, (except to the opulent ;) and the party I 11 is ol)lig>'d to content himself with Jersey decisions, and to suffer imprisonment.* ROYAL COURT, Sept. 18, 182 J. Lean v. Robinson. The defendant, in this case, was a widow la;ly ; and in the year 1818, hi company with plaintift', liis wife, and several chil- dren, cmlf^rated from Guernsey fur the United States of Ame- rica, borne accounta necessarily accrued hetween the parties. After a laps*.- of eight years, the plaintiff (wlu) had returned to Jersey some years previous to the defendant) sued her for n halance of 18/. To this she ple^ided, that she had years since (in America) discharged the plaintiff's accounts, which she offered to prove. This account of the defendant's, acctniipanied with regular dates, the court refused to admit ; whilst the plain- tiff was permitted, on his oath alone, to prove the legality of his claim. The court, therefore, gave the plaintiff a verdict with costs. This decision was met with astonishment. The defendant was ready to swear to the correctness of her set-off, and fur- ther wished to have availed herself of the acknowledged law in Jersey, " That every claim shall he suhstantiated on the oaths of two disinterested witnesses." This was also re- fused her, when she was committed to prison, where her ad- versary may, according to law, detain her for an indefinite period. ROYAL COURT, July 16, 1856. Moisin V. Qurlin, This action was brought (by power of attorney from France) to recover a sum from the defendant. The first objection taken by the defendant's counsel was, as to the competency of the court, — on the grovd, that the transaction having originated in France, where the defendant had become bankrupt, the courts * According *•■ Jersey law, a debtor, withnut real property, maybe im- prisoned fifty years, tlicre bciug rso law wliicli admits him to surrender, as wilt b« hereafter se«it. 12 of another country could not take cognizance of n transaction antecedent to that event. The court, iiowever, decided it was competent. On this question tlie defendant's counsel quoted some French authorities in support of his argument, and produced Mayor » Notaries^ and other certificates worthy of faith and credit, to shew that the bankrupt hud regularly submitted to the laws of his country. The court paid no attention to these authenticated documents, but condemned the defendant with costs, from which he has appealed. — See I'ress, July 16, 1825. Can anything more be wanting, to prove to your Honour- able Board the total want of justice in the Royal Court of Jersey, and how fully the present Ueutenant Bailly's senti- ments and predictions are verified ? ^J'he next case for consideration is a most singular one, ;is it shews how far the Royal Court regards the morals and habits of men. ROYAL COURT, (Full Bench.;) May 31, 1825. Lockwood V. Brown. The plaintiflF, in this case, was a captain's widow, and bad been married, in the year 1820, to the defendant, in the Isle of Man, (knowing him to have a legal wife living,) where he left lier and came to Jersey j and where, in the year 1824, the de- fen " / have it in command from their Lordships to transmit to you a copy of the said petition, to be laid before the States of the said island, for their answer in writing thereunto forth- with; and I am also to signify their Lordships' directions, that the said States do in the mean time, and until the further directions of the Lords of the Committee, suspend all proceed- ings in this matter. " I have the honour to be. Sir, " The Lieut. Bailly, " Your most obedient humble Servant, "Jersey." (Signed) " C. Gkeville." This express order, it is scarcely to be believed, would have been met with either opposition or contempt. But we find the constal le of St. Martin, in a meeting of the States, 3d of Feb. 1824, convened for taking the above letter into consideration, proposing Mr. George Baudains to f.!l the situation. The question then was put to the voice, when, strange to relate, there appeared for Mr. George Baudains Id ; against him, 1 1 : majority, 4. The President refused to sanction this proceeding, and annexed his entire dissent at the bottom of this Act, which was to be sent nb an answer to their Lortlships' letter, remarking to his learned coadjutor-' and allies, that, by the adoption of it, *' the States had, in the first place, not only acted in contradiction to a positive law, but aimed a blow at the royal prerogative, by the * An established law aii'l rn-der in (Council to iliis eflfect, dated 18th of Sejitember, 18 Ki. 15 nomination of Mr. George Baudaina, contrary to an order of the Lords of the Cownci^."— See Constilutionnel, 7th Feb. 1824. It is worthy of remark, that upon a former debate on the election of Harbour-Master, one of these enlightened judges proposed " that Mr. P. Bertram be re-elected Master of the Port of Orgueil, for the period of three years from October, 1823." Another member of the States proposed, by way of amendment, " That he be elected for the remainder of the year only." This amendment was carried by a majority of three, the above jurat having actually voted against his own motion. ROYAL COURT, 19th Jan. 1824. The King's Advocate v. Michael Bevins. Michael Bevins was called on to answer the complaint of Mr. Godfray, SherilF, for having grossly insulted this odiccr, whilst doing his duty. Amongst other expressions, he had called iiini "an impudent fellow ." Counsel and evidence being heard, the Court was about to give judgment, when Mr. Godfray, interrupting him, com- menced some observations.* Judge NicoUe, upon this, called him " un impudent" or impudent fellow, for thus daring to interrupt the Court when it was giving its decision ! ! ! Mr. Godfray then saluted Judge Nicolle, by saying, " That after that, he could not of course condemn Bevins, when both he and his Judge were on the same footing." So much for the respect a Sheriff in the Royal Court of Jersey pays to an individual sitting there in his official capa- city as Judge. The next case is the imprisonment of the Chief of Police of St. Owen's, replete with that party-spirit which is calcu- • An ev»ry-day occurrence in the Court of Jersey, wlicic, after both parties i»avc been heartl, Advocates and Shcritl's again interrupt the Court. If) lated, sooner or later, to annihilate the remaining privileges of the island. ¥ ROYAL COURT, July 5th, 1825. The King v. the Chief Officer of St . Owen. ThU was an action by tlie King's Procureur for the payment of about 45/., being the assessment on the above parish for the proportion due for the maintenance of the poor at the Hospital. The Court, after hearing the case, onlered the defendant t