The anti-monopolist., 1875-08-16
Law on the Island Of JERSEY.

OF the actual absurdities of the island law
perhaps not bad instance is the celebrated
.Clameur de Haro," which so much inter-
ests the inquisitive visitor that it may al
most be regarded as one OF the lions Of Jer-
sey. However attractive to the antlquary,
this proceeding is for practical purposes
fraught with infinite clumsiness and wrong.
In England if a man in the actual posses
sion of property begins to pull down or al
ter buildings cut timber, or do any similar
act TO the prejudice of any other person in
terested, the latter states upon oath In an
affidavit the facts which give him the right
| to interfere, and applies to Vice-Chancel-
lor for an Injunction. But the Jerseyman
under the like circumstances, neither pie ig-
ing his oath to any facts, nor submitting
his case to any judgment except his own,
enters upon the disputed premises, falls
down upon his knees, and exclaims aloud,
| "Haro, Haro, l,aide, mon prince; on me
| fait tort,' The word '.Haro' is explained
| by the local antiquarians to be corruption
| Of "Ah Rollo, the Rollo thus invoked be-
ing Rolo, first Duke of Normandy, and an
cestor of William the Conqueror. At the
sound of these cabalistic words, all wort
men are bound by Jersey law Immediately
to quit the spot, and remove their tools, and
the place must be left exactly as 1t is until
the matter is adjudicated on by the Royal
Court The Jerseyman is thus, in fact,
his own Vice Chancellor, and himself issues
out of his own mouth whatever injunctions
he thinks he stands in need of. But his
inlunctions have far wider operation than
those of the English Judge, for while in
England the party in possession may, upon
| II hay "a
dissolved within few days, in Jersey years
may. and often do, elapse before the decis
ion of the Royal Court can be obtained
During all this time the buildings must be
left to crumble, the timbers to rot, and the
presumptive but ousted owner TO settle as
best he can with his builders or aborers for
as much as they had executed of the inter
rupted works 1t is true, that he who has
as a Jersey law-book expresses it, without
lust grounds called on the name of Rollo.
is liable by the island law to be amerccd
and TO payment of costs; but this is but pool
comfort TO the party whose enjoyment o.
his property has been interrupted.
still more marvellous device for tbs
, Illustration OF justice obtains in many case'
OF insolvency. Instead Of ratable dis
i tribution of the debtors property among
ties in the order in which they we're In
| Cured The option is then given to th'
creditor lowest on the list to make himsel
| tenant after decree as il is called-that i
5 10 say. take over 10 himself the whole o
0 the debtors property. on his undertaking
to make payment IN full Of the whole OF tn
4, debts on the list coming before his own
I This. of course would be losing bargain
2 for the creditor unless the insolvent's prop
/ erty were more than sufficient to pay al
!. these preceding debts in full But if tn
h creditor refuses he thereby looses all righ
e to receive anything whatever, and his deb
+ is e1tinguished. The same offer is the
' made to the creditor last but one on tn
d list. and if he refuses the process is carrie
j on until, by the e1tinguishment Of the debt
e of the creditors refusing. il at last become
/ the interest of some creditor to make him
a self tenant To do this with any degree {
7e prudence. it is of course indispensable ths
r the creditor should be man Of busines
le and moreover, should have local knoviedg
of enabling him to judge pretty acc1rate'
id what is to be expected from the reahsaiio
N of the insolvenis property to be made ov'
n to him Neither any creditor outside II
be island. nor even the widow nor srphs
i creditors on the spot. neither trustee n
e. executor could in any ordinary case pr
:" IDENTIFY incur the risk or responsibility
ed becoming tenant Accordingly. under tn
nd system of insolvency. all these classes
1t creditors go TO the wall, and, as rule, Il
liz astute man of business comes in fo- v b
ID ought to be their share of the assets. The
ng are men Of this class in Jersey who are So
to to have amassed considerable fortunes
nd making themselves tenants. .-frase
he Magazine.