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There are likewise several Vinteniers; each of whom has the charge of a particular vintaine.

There are also a number of other inhabitants, called Officiers du Connetable: their duty is subordinate to that of either of the before-mentioned officers. Their employment is nearly similar to that of an English constable.

There are, moreover, two Procureurs du bien public; whose office is to conduct any parochial law suits.

ASSEMBLY OF THE STATES.

This, as a general islandic council, has been compared to a British parliament, which, in some respects, it may be said to resemble. It is composed of the twelve jurats, or court of justice, representing the inhabitants of the first class; of the dean, and the other eleven rectors, representing the clergy; and of the twelve constables, as the representatives of their several parishes. The king's procurator, the viscount or sheriff, and the king's advocate, though they represent no estate, are also admitted, ex officio: but they do not vote. The Greffier of the royal court is likewise, by his office, clerk of the States.

The Assembly of the States is convened by the bailiff, or his lieutenant, who is the perpetual president.

The governor has, in the meetings, a negative voicé.

No Assembly of the States can be held without at least seven of each corps being present, except on very urgent occasions. Foreigners, preferred to benefices, are, unless naturalized, excluded.

The jurats and the constables are elected by those inhabitants who are masters of families, and who contribute to the insular rates, or assessments. The dean is appointed by the sovereign, who granted the patronage of the rectories to the governor.

The principal business of the States is to raise money for the public service. This Assembly has also the power of naturalizing foreigners.

MISCELLANEOUS ARTICLES RESPECTING the laws.

We shall conclude our account of the jurisprudence of the island, with some miscellaneous articles that will, without entering more at large into the system, show how it operates.

Criminal Cases.

The Procureur du roi is the prosecutor in all matters of this nature.

Contrary to the English mode, every accusation is first examined by a petty jury, termed la petite enquete, which is composed of the parochial constable, and twelve of his officers. To find a prisoner guilty seven of these must concur in opinion. Should the party accused disapprove the verdict, he may appeal to a grand jury, called la grand enquete, composed of twenty-four persons, taken from the three neighbouring parishes.

Though twenty-four is the number which forms la grand enquete, more are summoned; and the person ac▾ cused may, on substantial grounds, object to any of them: a peremptory challenge is not admitted. Five out of the twenty-four are sufficient to acquit a prisoner.*

If the supposed culprit cannot afford to employ a counsel, the court will very humanely direct one of the advocates to plead for him.†

• This regulation appears to be far better than the mode practised in England: there one obstinate juryman may, by pertinacity, bring over all the others to ac quiesce in his verdict, though not convinced of its propriety.

† Another humane circumstance is, that a prisoner is not fettered on his trial, nor in general during his incarceration: customs, in England, that seem inconsistent with the acknowledged axiom,-That every person accused is presumed to be innocent, until found guilty.

A prisoner is not, as in the English criminal courts, found guilty, or acquitted: the verdict of the jury is either, plutot coupable qu'innocent, or plutot innocent que coupable.

When sentence of death is pronounced, the bailiff, or his lieutenant, and the jurats, all of whom were before uncovered, put on their hats; and the criminal kneels to receive his doom. This is a very solemn and impressive

scene.

In places where capital punishment is seldom inflicted, some ancient modes are often continued, that would perhaps, on a proper representation, be altered. In Jersey, the victim of the law is obliged to walk, from his prison to the place of execution, which is up a very steep hill. With some persons so unhappily circumstanced, this appears likely to discompose that tranquillity of mind, essentially necessary on so dreadful an occasion: with respect to others, the degree of weakness that frequently pervades the whole frame, must almost disable the unfortunate sufferer from undergoing that part of the awful punishment,* Executions are however far from being common in Jersey. This last stage of legal severity is generally commuted.†

In England capital offenders are usually conveyed in a cart, when not executed close to the prison.

+ See Note (SS).

The royal court has, in a variety of instances, evinced itself favourable to lenity; there can therefore be no doubt, that any measure tending to alleviate severity, would, if properly substantiated, be adopted.

No capital punishment is attached to forgery. To the honour of Jersey, the crime was little known when the statutes were made; and indeed it has not often occurred since. The commission of it can be punished only as a fraud. In the present year (1814) a man was found guilty of forging promissory notes; and was sentenced to be placed in the pillory, and to have the end of his right ear cut off.

Civil Causes.

Insolvencies are usually managed very differently from similar cases in England. An insolvent person makes a public cession of his property, for the benefit of his creditors. This is termed renoncer; and the estate is said to be en decret. The creditors are then summoned. Such as have sued the bankrupt, rank in order, according to the time when their respective actions against the debtor commenced. Arrears of rents, if registered, have a preference over simple contract debts; but those ar rears cannot be recovered by action, or distraint, after a lapse of five years.* When the creditors are assembled, * See page 193.

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