A storms--protests--all in vain. He is incarcerated, and is told he may
explain as much as he likes afterwards; but, in the meantime, must go to
prison, or _pay_. At last poor A, whose liberty is important to him,
wearied with the delays which it is the interest of the Jersey lawyers to
raise in his suit for judgment, pays the demand into court (au greffe) to
be adjudicated on--costs of law, costs of imprisonment and all. The latter
item includes 10s. every time the prison door is opened to let him pass on
his way to court--a journey he has too often to perform without much
approach to a _dénoûment_, and whither he is obliged to go under escort
like a criminal; and this process is repeated several times, without the
cause even being called on for hearing. Worst of all, when A comes out, he
has to decide upon the merits of the case. Meanwhile no remedy against B,
who, of course, being satisfied, withdraws his suit at home."
Another seeming anomalous process may be cited. An appeal lies from some
of the small Courts to the full Court, or _Nombre Supérieur_, but the
jurats who sit in the Court of First Instance are not debarred from
sitting in the Full Court when an appeal from their own judgment is being
heard! All the proceedings are carried on in the French language, which is
again extremely inconvenient for the English residents. The Bailiff
comments on the evidence and on the arguments of the pleaders, collects
the opinion of the jurats, and delivers judgment. In Guernsey the
decisions are given in private. "Pleadings in these courts are very
simple," says Mr. Ansted. "The plaintiff must serve on the defendant a
summons or declaration, setting forth the nature of his claim, and in some
cases the reasons on which it is grounded are added. If not sufficiently
definite the declaration is sent back by the Court for amendment. If the
defendant means to plead any objections by way of demurrer or special
plea, these are at once heard and disposed of. If the parties join issue
on the merits of the case, the Court hears the parties, or their counsel,
and decides. If the case be intricate the parties are sometimes sent
before the Greffier--in Guernsey before one of the jurats,--who reports,
condensing the matter in dispute, and presenting the points to the court
for decision." Trial by jury does not exist in Guernsey. The court at
Alderney is subordinate to that of Guernsey. The jurisdiction in matters
of correctional police is final where the offence can be punished by a
month's imprisonment or a fine not exceeding £5; otherwise it is referred
to Guernsey for trial. The Court of Sark, which has undergone many strange
vicissitudes since its institution in 1579, consists of the seneschal, or
judge, the prévôt and the greffier, all appointed by the feudal lord, or
seigneur. The seneschal is an absolute authority in small cases, but his
right of punishment is limited to the narrow bounds of inflicting a fine
Public-domain text, read in full here on John Shaqi.
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