"Thus, in Jersey, every man (unless he be a landed proprietor) is at the
mercy of every other man, both in the island and out of it. In short, one
man can arrest another simply by drawing up an imaginary account on a
common bit of paper, and handing it to the nearest lawyer, who will send
his clerk with the sheriff's man and imprison the unfortunate victim in
default of immediate payment. What is worse still, an arrest can be
carried into effect, by means of a simple letter sent through the post.
The exception in favour of land-owners of course includes the owners of
house property, an exception which mostly benefits Jersey-men, as few but
natives possess property in the island. It is only a proprietor who must
be sued _before_ he can be imprisoned. If the Jersey laws confined the
persons merely of strangers sued by the inhabitants of the island, in the
arbitrary manner described, the justice of such a practice might still be
defended on the plea of preventing them from leaving the island; but no
excuse can be found when the Jersey law is made an instrument in the hands
of strangers, living out of the jurisdiction of the island, and when it is
used to enforce payment of debts incurred in another place, and in which
no inhabitant of the island is interested, and when (as sometimes happens)
it is employed as a means of extortion. In the first case it can be urged
that, at least, it gives protection to the islander, which may be all
proper enough, though the system is liable to abuse. In the second, the
injustice and folly of the law is flagrant. By what right or reason ought
the Jersey code, without previous inquiry, to deprive one man of his
liberty at the demand of another, when both are strangers, and when the
dispute relates to matters wholly beyond its pale, and in reference to
which it has no means of obtaining information on oath? Yet such is the
case, and thus the Jersey law is converted into a mere tool of iniquity
and oppression. In speaking of this strange anomaly in Jersey law, I am
not referring to bills of exchange, or to securities of any sort, but
merely to simple debts, free from any acknowledgment or signature
whatever. In any other Court, such claims would not be entertained for a
moment. Surely the law is barbarous enough for the people of Jersey,
without its consequences being extended beyond its circumference. But, as
matters stand at present, the case stands thus: A and B fall out together.
Now B is a rogue. They go to law together, and B demands of A more than he
is entitled to. The courts in England are about to decide upon the merits
of the case. Meanwhile B learns that A is gone to Jersey for a short time
on business, perhaps connected with this very affair, such, for instance,
as looking up an important witness. What does B do? He immediately sends
off a letter enclosing his little account to a Jersey lawyer, instructing
him to demand payment or lock up A forthwith. The lawyer obeys, of course;
Public-domain text, read in full here on John Shaqi.
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