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stated, that, in case of a separation between the husband and wife, the latter should be allowed five pounds a year for her maintenance, was void; the modification made by the Court of Appeal not having in substance altered the decree of the Ordinary Court; so far from that, the modifications might serve as additional evidence of the soundness of the judgment of the Court below. The Court having, on the demand of one of the crown officers, decided three times during the two last terms, and at least five times during the past year, that an advocate had a right to answer a crown officer, in a case for defamation; it may now be considered a rule, that an advocate is entitled to reply to a crown officer; and the only right the latter can claim is, that he may answer such advocate without preventing the other crown officer, with whom that advocate may be adjoined, from being heard last, if pleading FOR THE DEFENDANT; if, on the contrary, he plead FOR THE PLAINTIFF, then, immediately after the advocate with whom he is adjoined, and before the crown officer to whom he is opposed. In this manner, the respective rights of crown officers and advocates are preserved, according to a regulation of Court made between them a few years back.

Such was, in substance, the result of many hours patient and laborious investigation on the part of the judicial body in this island, and yet, with a little care, in what a narrow compass may not the whole be confined.

MEMORABILIA OF GUERNSEY, FOR 1836.

JANUARY.

Royal Court. The decision of privy council, in the celebrated affair of the tax question, was made known to the public, by which the ancient mode of rating Foreign and English funds was confirmed, and declared to be the established law of the island.*-William Collings, esq. was re-elected supervisor of the harbour, and treasurer of the States. The king's weights were let to Mr. John Cochrane for one year, at a rent of £205, and £10 for the premises; also for one pound to the receiver. The contractor was bound to keep the whole in repair. The court decided that the old copper money of France should cease to be a legal tender, after a month's notice. -An ordinance was passed compelling the sellers of beer and cider, consumed on their premises, to pay eight pounds per annum for a licence, as the publicans do. ---In reference to the law of debtor and creditor, the court provisionally ordered, 1st. That every act or registry for a debt first due, obtained within fifteen days prior to insolvency, shall give no preference to a creditor who may have obtained it on the immoveable property of the debtor, except for the money out of pocket in obtaining such registry, which shall be paid in full. 2ndly. That the precise date of the insolvency shall be fixed by the court, according to the circumstances of the case, and that such

* For full particulars, the reader is referred to page 113 of our first volume.

date shall be from a day when acts or registries shall have been passed for debts precedently due in actions against the debtor, to obtain confirmation of arrests for sums sufficiently considerable in reference to the estates of the debtor, in order that a reasonable presumption may be established, that his affairs were then in so disastrous a state, that he could not meet the claims of his creditors. 3rdly. That every creditor, whether he shall have made an arrest or not, who resolves to declare the insolvency, must either oppose the sale of the debtor's goods, or present himself before the commis of the court, before whom the other creditors may have been sent to prove their respective demands and preferences, or demand an intervention in the cause in any action on the part of an arresting creditor against a third party, in whose hands the arrest is made, for the purpose of declaring what he may owe or have in hand belonging to the debtor.

Abrogation of dilatory pleas.-1st. The default of vers à dix-huit sous' abolished, in civil causes. 2ndly. The delays of'aux frais pour n'avoir pas instruit son avocat,' and 'aux frais pour n'avoir pas ses pièces,' shall no longer be granted to a defendant, after an act of 'vers biens,' ofvers désobéissance,' of vers reconnu,' of vers arrêt confirmé,' or of vers signification confirmée.' 3rdly. That in every action to obtain payment of bills of exchange, and other negociable securities, or of billets passed before the

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In the ordinary court.-When there are no witnesses, guarantees, or parties ordered to intervene in a cause, the summonses to the principal parties shall be served at least two days before the cause can be heard; on the Thursday for the Saturday, and on the Friday for the Monday; but if there be witnesses, &c., then the summons must be served on the principal parties three days before the cause can be heard.

In the admiralty and criminal court.When there are no witnesses, &c., one day before the trial is sufficient, except in special cases, when the time must be three days at least.

Pleas of inheritance. - When there are no witnesses, &c., the summonses to the principal parties shall be served, at latest, on Thursday; but when there are, then they must be served on the Wednesday for the following Tuesday, and four days before the day fixed for arbitrations or opposition to legal claims, In judgment, whether in admiralty or otherwise, the summons must be served four days before the cause is passed.

In vue de justice, whether in admiralty or otherwise, the summonses to the principal parties must be served at the least four days before the hearing of the cause.

court, or two magistrates, whether paya- discretion of the court, and in matters ble to order or otherwise, the delay 66 aux relating to shipping :frais pour n'avoir pas instruit son avocat,' be annulled. 4thly. That in all actions to obtain division of an inheritance, the delays "aux frais pour n'avoir pas instruit son avocat,” and “aux frais pour a'avoir pas ses pièces," be refused to the defendant. 5thly. That when a creditor, who has obtained permission to issue a warrant or summons on the real estate of his debtor, (exploiter) shall put a cause against him "à lui indiquer un fonds sur lequel il puisse exploiter," it shall be lawfal for the creditor, if the debtor makes default, either to arrest his person, or to take the following appointment: "vers et est permis de se saisir de tout et tel héritage comme peut appartenir au dit défendeur.” 6thly. That when a defendant is absent from the island, it shall be sufficient to call on him to appear (évoquer), on two consecutive Sundays, after the performance of divine service at his parish, and then to appoint an attorney. as his representative. 7thly. That when a necessary witness is absent from the island, the first delay shall be "sursoira quinze jours," and the second, the time being fixed by the court according to the circumstances of the case, "sursoira pour autre terme." 8thly. That in every vue de justice, that is to say, when the judges personally inspect the subject matter in dispute, be it land or building, the cause shall be decided by a single default, the plaintiff proving that the defendant had regular notice by summons. 9thly. That all leases and sales of rents, before commis, shall take place after the second publication, instead of the third. 10thly. That no letting on rent, or sale of rent, before commis, shall take place, before the subject has been advertized in oue of the French gazettes printed in the island, except in urgent cases specially sanctioned by the court. 11thly. That the proceedings in the pleas of inheritance to ratify and confirm a renunciation made in the mobiliary court, be reduced to two defaults, instead of three, to wit, "vers premier défaut, et sera le prevôt partie," and "prevôt du roi amerci, ratific, et corrobore, soit partie présente, soit après avoir fait évoquer le défendeur." 12thly. That after renunciation in the mobiliary court, the period during which the registry of the saisie shall remain open, shall be reduced from nine months to six months. 13thly. That in order to prevent improper defaults being taken, and to give the party summoned ample time to give due notice to his witnesses, the ajours shall be served in the following manner, except in urgent cases, at the

The court further decreed that the present ordinance in no respect invalidates those clauses of the ordinance of the 23rd May, 1797, which regulate the time in which ajours and significations ought to be served to reduce, into writing, depositions made in præsenti, to be considered in futuro.

The court empowered the constables to remove such scrapers, as jutted out from houses in the public streets, when they seemed dangerous.

Parochial Meetings.-Mr. Charles Lauga was elected constable for St. Peter's Port, to replace Mr. Havilland Carey. He protested against the election, on the score of bad health. Mr. John Vidamour was elected treasurer of the town hospital, Mr. William Brock, vice-treasurer, Messrs. Burley, Guerin, and Jones, directors. Messrs. Le Page, Le Normand, and Dorey, were elected collectors of the poor. A vote of thanks was unanimously given to Mr. H. De Garis Agnew, for his services as treasurer.

Official Appointments.-Mr. H.Tupper, one of the advocates of the royal court, was nominated agent to Lloyd's, in room of Mr. A. Isemonger. Messrs. Roussel, Brouard, Le Lacheur, and Sarre, were named collectors of the poor of St. Andrew's,

Miscellaneous.-The galiot Vrow Catherina was wrecked at the back of Guernsey.

FEBRUARY.

Royal Court.-Mr. Charles Lauga was released from discharging the office of constable, on the depositions of Doctors Monk, Hoskins, and Mansell, who declared that his life might be endangered if he performed the duty.-The order in council, confirming the act of the states, which granted the resignation of Mr. Le Pelley from the office of jurat of the royal court, was read. Mr. F. B. Tupper took the oath of constable, as successor to Mr. H.Carey. -Mr. W. M. Arthur was sworn in assistant constable, as successor to Mr. Taudevin.The court granted eight pounds sterling, from Mr. De La Court's fund, to Charles Bichard, who lost a boat at Bourdeaux harbour.

Official Appointments.-Mr. N. Le Beir, of the King's Mills, was sworn in one of the vavasseurs of the court St. Michel. Dr. Churchill was elected surgeon of the town hospital.

Miscellaneous.-John Bazin, for many years captain of the Ariadne, died at Cowes.

MARCH.

Royal Court.-Mr. Thomas Snow, jun., took the oath of assistant constable for the town parish.-The court decided that Grange Road, from the house of J. Carey, Esq. up to the college, should be repaired; that the carriage way should be macadamized at the expense of the states; that the footpath on the south side should be paved with granite flags, half of which latter expense was to be paid by the proprietors of houses or lands bordering on the road.-H. Dobrée, jun., took the oath of a jurat of the royal court.

Chamber of Commerce.-The members assembled at the douzaine room, when two plans were presented for the erection of a new pier and the improvement of the harbour, when it was decided that they should be submitted to the bailiff.

Official Appointments.-J. De Putron was elected constable of St. Martin's.Lieut. P. Nicolle, of the royal artillery, was promoted to the rank of captain of a brigade.-M. Price, jun., received his commission as lieutenant in the east regiment of light infantry.-P. Tostevin was elected constable of Torteval.-Mr. D. De Mouilpied was elected a douzainier of St. Martin's.

APRIL.

Royal Court.-Colonel De Havilland took the oath of constable of St. Andrew's. -The court decreed by an ordinance, that, after the 1st of June next, every demand for moveable property, for which

there is no written acknowledgment of debt, nor ratification by act of court, shall be barred by prescription after ten years; and further, that prescription commenced, and for the completion of which it would be necessary to follow up beyond ten years counting from the 1st of June next, shall be deemed mature by the lapse of ten years from the said 1st of June.-All boatmen are ordered to put the baggage of passengers on shore and deposit it in a convenient place, so that the owners, porters, and others, may carry it away, to wit, on the quays, if the debarkation takes place in the harbour, or on the beach or rocks, if at low tide, under a penalty not exceeding ten livres tournois. It was also forbidden to every person to descend the pier steps during the landing of passengers from the packets and other steam boats, under a penalty not exceeding ten livres tournois. The harbour master was ordered to have boards placed on the piers, stating the legal charges of boatmen and porters, as well as the above regulations, one quarter of the penalties to be paid to the king, and the remainder to the informer.-In reference to the exportation of corn, the court ordered that the certificate of the grower should be preserved with the certificate of the exporter, and that they should only be sworn to before the court.-Captain Collas was sworn in deputy harbour master, and constable of the pier, for the term of two years.-Mr. R. W. Isemonger was sworn in provisionally harbour master of St. Sampson's.-The court granted thirtynine pounds to the owners of boats wrecked in the storm of the 28th of March.-By virtue of an order in council relating to the Arcade, the court, being duly empowered so to do by their lordships, fixed the conditions on which that property was to be sold, which we have already printed at page 320 of our first volume.

Parochial Meetings.-P. J. Martel and A. J. Naftel were unanimously elected douzainiers of the town parish, to replace E. Guerin, deceased, and J. Betts, resigned.

Official Appointments.-Dr. P. J. Grut was unanimously re-elected surgeon to the country hospital.-R. W. Isemonger was confirmed in the appointment of harbour master of St. Sampson's for three years.J. Fallaise was elected constable of St. Martin's.-Major J. Harvey was promoted to the rank of lieutenant-colonel of the first regiment of royal infantry; Captain E. Collings to the rank of major; and Lieutenant D. Sheppard to that of captain.

Miscellaneous.-Died, P. Gauvain, president of the court of Alderney, which office he had held for forty years.-The Navigateur, of Caen, and Eliza, of Rouen,

were totally wrecked at Glatney, when five of the crew perished.

MAY.

Royal Court.-In reference to boatmen, the court ordered that they should be divided into two or three divisions, at the discretion of the supervisor of the harbour. That the deputy harbour master keep two lists corresponding to the said divisions, which lists are to contain the names of the boatmen, the names of their boats, and their number, as well as their dimensions, and the number of passengers that each boat be permitted to carry, and each of these lists is to be designated by one of the first three letters of the alphabet. 2d. That every boatman engaged in landing passengers, shall be obliged to have the number of his boat painted in legible characters on the bows and the stern, and present himself at the office of the harbour master, in order that his name and the names of his crew may be registered, under a penalty of fourteen livres tournois, payable by the owner of the boat, one-third to the king, and two-thirds to the informer. 3d. That the number of passengers which each boat shall be allowed to carry, shall be regulated by its length in manner following: for a boat measuring from 14 to 18 feet, six passengers; for one of 18 to 22 feet, eight passengers; for one of 22 to 26 feet, ten passengers; and above that size, twelve passengers. No boat to be less than 14 feet. The charge from the harbour to the roadsted, or the rocks called St. Julian, shall not exceed tenpence for each passenger, his baggage included; and for putting a passenger on board a vessel within the pier, or at its mouth, the charge shall not exceed five pence, baggage included; and every boatman who shall carry more passengers than his licence permits, shall be fined fourteen livres tournois per passenger. 4th. It shall only be lawful for the boatmen of one of the said divisions at a time to land passengers from the steamers, and each division shall successively have this exclusive privilege for a week; but this restriction does not apply to the earrying of passengers from the land to the steam boats, nor does it in any manner apply to sailing vessels. For the infraction of this article, a penalty of three livres tournois per passenger shall be imposed. 5th. Boatmen are to land the baggage of passengers, and place it in a convenient spot, as already stated in our April report, and the same prohibition, as therein stated, was enacted a law, in reference to blocking up the pier steps on the arrival of the steamers. As to porters, this same ordinance of the 11th

April enacts, that each shall inscribe his name at the office of the harbour master, and wear a brass badge on his left arm, on which his number shall be marked. Porters are prohibited from touching the baggage of passengers, without the permission of the owner, or of those who are left in charge of it, under a penalty of being suspended for such time as the court may deem reasonable, and, until they are called, they must remain against the walls. Moreover, no porter shall carry a second load, before all the porters, wearing a badge, and present at the landing, shall have had one load, under a penalty not exceeding ten livres tournois; the said porters shall have a right to charge six pence for carrying a trunk to the hotels and lodging houses at the bottom of the town.

The court awarded fourteen pounds ten shillings sterling, as salvage on the French vessel, the Navigateur, and thirty pounds sterling for the salvage of the Eliza.-Mr. W. B. Moulin, being actioned for refusing to serve in the militia, pleaded that he held the rank of captain in the militia of Cape Breton, and, therefore, was entitled to an equal rank in the Guernsey militia. The plea was held bad, the bailiff remarking that the laws of another country were not binding here, and that Mr. Moulin must either join the ranks or accept the offered commission of a lieutenant.

States Meeting.-The object of this meeting solely referred to the improvement of the harbour, a copious report of which will be found at page 370 of our first volume.

Parochial Meetings. At a meeting held in the Câtel parish, it was decided that for the future no parochial deliberation, which involved the expenditure of public money, should be deemed legal, unless due notice of such meeting be advertised in the French papers on the Saturday preceding it.

Official Appointments.-Mr. J. Du Bois Dobrée was named lieutenant in the third or south regiment of light infantry.

Miscellaneous.-Mr. Oliver Mauger, son of Dr. Mauger, obtained one of the prizes awarded by the medical school at Westminster.

JUNE.

Royal Court.-On the recommendation of Peter Le Pelley, lord of the manor of Serk, the court awarded £2 12s. sterling, out of the fund of Mr. De La Court, to Wm. Hammond, who lost a boat in the late storm.-By virtue of the act of court, dated 26th April last, the Arcade was put up to auction, and knocked down to Mr. James Arnold, acting for Messrs. De Lisle and Richards, for £11,500 sterling, and

Parochial Meeting. — A meeting was held of the heads of families of the town and parish of St. Peter-Port, when it was decided by a large majority, that the town church should be lighted with gas.

an annual ground rent of three hundred unanimously elected surgeon of St. Sampand five quarters, two bushels of wheat. son's parish. -Mr. Peter Blampied was sworn in constable of St. Sampson.-John Guille, esq. our worthy lieutenant-bailiff, was deputed by the court to proceed to Jersey, for the purpose of presenting two silver vases to Messrs. Le Breton and Le Couteur, the Miscellaneous.-The Atalanta, steamcourt having declared, "That the States boat, arrived here for the first time from have resolved to present a token of their Southampton, on Wednesday, 24th inst. esteem to Messrs. Le Breton and Le Cou- A superb piece of plate valued at upwards teur, for the zeal they displayed on their of four hundred pounds was presented to deputation, in defending our privilege of John Jeremie, esq. formerly an advocate importing into England, free of duty, of the royal court of Guernsey, by the corn, the produce of the islands.- Mr. subscription of several of the most distinDaniel Le Mesurier was sworn in as one guished philantrophists in England, as a of the douzeniers of the Catel parish, in mark of their esteem for his exertions in room of Mr. Thomas Massy, resigned. the abolition of negro slavery.-Doctor P. Grut was thrown from his horse and unfortunately killed, to the great regret of a numerous circle of friends.

Official Appointments.-Mr. J. Thoume received his commission as lieutenant in the first or East regiment of infantry.

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Miscellaneous.-The portrait of the bailiff, voted by the States, for the various important services that he has rendered to his country, was placed in the court house. Mr. W. Machon launched a vessel of about seventy tons, and Mr. Parrot a cutter of about forty tons. - Mr. B. Hawkins arrived for the purpose of inspecting the state of the prison.-Lord De Saumarez laid the foundation stone of the new church at the Amballes. Died at Alderney, Mr. J. Le Cocq, aged seventy-two years, who had been a jurat of the court thirty years.

JULY.

Parochial Meeting.-The heads of families in the town and parish of St. Peter's Port held a meeting at which Mr. W. Brown was re-elected a director of the town hospital, and Messrs. T. Carré and J. Marche replaced Messrs. A. Bishop and W. Guille.-At the same meeting Messrs. De Beaugy, Angel and Brouard were elected collectors of the poor, in the room of Messrs. Grut, Collings, and Collenette.

Miscellaneous.-The medals struck in honour of our worthy bailiff, at the sole expense of Mr. P. Bienvenu, jun. arrived in the island from Birmingham.-The celebrated polar navigator, Sir John Ross, visited the island.-Died suddenly, the Rev. T. Grut, rector of St. Andrew.-Mr. Lucas Le Cocq was elected jurat of the royal court of Alderney, in the room of his deceased father, by a majority of 88

votes.

AUGUST.

Royal Court.-Mr. N. Mahy was sworn in constable of the Câtel.-Mr. J. De Putron was sworn in constable of St. Peter's-Port.

Official Appointment.-Dr. Bisson was

SEPTEMBER.

States Meeting.-The States voted a piece of Plate to his excellency major general Ross, as a mark of the public esteem, for his conduct during the period he has held the office of governor of this island.

The principal object of this meeting was to adopt precautionary measures of defence against the threatened attacks of the local banks against the States notes. A long and stormy discussion took place which terminated in the appointment of a financial committee, who were deputed to hold a conference with the proprietors of the two banks.

Official Appointments.-J. Gaudion, attorney-general in Alderney, was named judge of that court.-W. J. Sanford was named his Majesty's receiver in that island, and T. Barbenson was appointed successor to Mr. Gaudion, in the office of attorney general.-Mr. H. Price received a commission as lieutenant in the town regiment.-Doctor Bisson was elected surgeon of the country hospital, in the place of Doctor Grut deceased.—The Rev. E. Mourant took possession of the parish church of St. Andrew, vacant by the death of the Rev. Mr. Grut.-The Rev. D. Dobréc was appointed rector of the united parishes of the Forest and Torteval.-The Rev. F. Jeremie was elected minister of Trinity chapel by a majority of eight votes.

OCTOBER.

Royal Court.-At the chief pleas of Michaelmas term, the rents for the year 1835 were fixed at twelve shillings and sixpence a quarter; capons at 4s. 3d. a couple, and fowls at 2s. 10 d. a couple.The court after having heard the conclusions of the king's officer decreed, 1st. that

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