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342 APPENDIX.
without any proof or affidavit, and in default of bail,
(either of one person of known landed property, or a
deposit of the money,) committed to prison. The
debtor is brought up the next court day, when the
case is heard, and the arrest confirmed or quashed.
If confirmed, the debtor is remanded to prison until
the debt is paid, together with the costs.
Persons giving bail upon any arrest, must take
care to present their bail in court, because although
the bailed may appear, he is still liable to the same
consequence as if he was absent unless the bail is
with him.
Bankrupts who have not surrendered to their commission
in England, may be apprehended in Jersey
by the commissioner’s warrant, accompanied by the
secretary of state’s mandate indorsed by the bailiff.
Persons accepting promissory bills in this island,
cannot be sued for them in England, if drawn for
“ Jersey currency.” In a recent case in the court of
King’s Bench, where a person Was sued for a bill
accepted in this island for Jersey currency, the judge
quashed the action, as there was no such coin in
England.
Bona fide, viva voce examination, is resorted to only
in cases of comparatively minor importance; and whenever
the life of a fellow creature is at stake—whenever
a sum in dispute is at all considerable—the
examination of witnesses takes place, in civil cases, on
written interrogatories. When examination takes
place on written interrogatories, neither the parties
nor the counsel are present. The interrogatories are
prepared by the counsel of the party by whom the
APPENDIX. 343
witness is brought forward, and are communicated to
the counsel on the other side, previous to the examination.
Persons discharged in JEngland under the act of
debtors, cannot in person or property be made liable
in Jersey for debts contracted in the island, provided
such debts were inserted in their schedules.
All encroachments on property, and all civil inj uries
which require a prompt remedy, may be resisted by
the Clameur de Haro; after which an action is brought.
This singular exclamation, the form of which is Haro,
Haro, Haro, a I’aide mon Prince, was only made use
of in the duchy of Normandy, as it existed on its first
constitution, on occasions of great peril or consequence,
and was an appeal made to Rollo for justice and protection,
as the founder of the laws, and preserver of
the rights of the people. The word Haro is compounded
of Ha ! an earnest ejaculation, and of a contraction
of the name of the duke. But much as it
was formerly respected in Normandy, it is to this day
no less absolute here: it is an instantaneous check
which cannot be disputed, and one of the parties must
be fined.
There are game laws in Jersey. Every person has
the right to sport with gun and dogs without license,
but is liable to actions for trespasses wilfully committed
on the property of those whose lands are passed.
THE END.
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