The ancient Norman law contained in "Le Grand Coustumier" dates back to
the thirteenth century, was badly revised in the time of Queen Elizabeth,
and became the Code. Trial by jury was established in 1786, and the laws
on the subject have undergone considerable change. There is a committing
magistrate, and the trial takes place at the Criminal Assizes of which
there are six in the year. The jury numbers twenty-four; if twenty agree,
the verdict is taken; if less than twenty the prisoner is set free. Minor
offences are referred to a court of Correctional Police presided over by a
magistrate who is independent of the Royal Court. The same magistrate
presides over the court for the recovery of small debts, and there is no
appeal from his decision. Then there are subsidiary courts for various
police purposes, while the Court of Héritage entertains suits regarding
real estate. The arbitrary operation of these Courts may have very evil
results, especially for strangers who are unlearned in the peculiarities
of Jersey law. I find a striking example of this in a magazine of June
15th, 1861, in which a hard experience is detailed with comments which
appear to be fully justified by the circumstances. The writer says:--
"Before leaving England I had had a serious quarrel with a former friend
and medical attendant, and no long time elapsed after our arrival in the
island, before this gentleman sent me in a bill of monstrous
proportions--a true 'compte d'apothecaire' as the French express it. At
that time I was quite ignorant of the singular constitution of Jersey
law, and how it placed me in the power of any man who chose to sue me
whether I owed him money or not. I wrote to the doctor, refusing to pay
the full amount of his claim, and referring him to a solicitor in London.
He was, however, better acquainted with the Jersey law than myself, as the
result will show. Here, before proceeding with my story, I will enter into
some explanation of the law of debtor and creditor as it exists in Jersey.
This law enables the creditor to enforce his demands summarily, depriving
the party sued of his liberty, and leaving him in gaol till the costs of
his imprisonment have swelled the amount to be paid: and further,
supposing the defendant ultimately gains his suit, and proves his
non-liability, no damages for false imprisonment are obtainable. The law
leaves him no remedy, for the plaintiff makes no affidavit; and a simple
letter from England, requesting a Jersey advocate to enforce payment of a
claim, is enough to cast the defendant at once into prison, prior to any
judicial investigation into the merits of his case.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account