This is a translation
of the
Loi (1867) sur la cour pour le recouvrement de
menues dettes
(Chapter 07.175)
as in force on 1
January 2019
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
Law (1867) on
the Court for the Recovery of Petty Debts
A
LAW modifying the procedure before the Petty Debts
Court, and authorizing the summary recovery of rent and of negotiable
instruments
CONSIDERING
that movables are security for payment of
rent; that often an owner of a house is deprived of his rent by inevitable
delays which proceedings before the Judge of the Petty Debts Court entail;
Considering
further that the needs of commerce require that the holders of promissory notes
and other negotiable instruments can recover summarily the amount of such instruments;
Article 1
Any
owner of a house, building, or lands may, by virtue of an Ordre Provisoire
given under the hand of the Judge of the Petty Debts Court or of a Jurat[1]
for the time being discharging his or her functions, cause to be arrested the
movable effects of the lessee situate on the premises which the lessee
occupies, or which shall have been removed therefrom: to be applied to the
payment of the rent due, and as guarantee for accruing rent – provided that the
total of the amount claimed does not exceed the sum of £30,000.
When
an arrest made by virtue of this Article has been confirmed, it shall have
preference over any other arrest or claim.
Article 2
Such
arrest may be carried out both by Judicial Officers of the Petty Debts Court
and by Judicial Officers of the Royal Court.[2]
Article 3
The
Judicial Officers may not seize[3]
movables which have been arrested – except after confirmation of the arrest –
save only where the Judge shall have given specific authorization to this
effect.
Article 4
Where
there is no rent due at the moment of the arrest, the
costs shall be borne by the plaintiff.
Article 5
All
holders of promissory notes, bills payable to bearer, bills of exchange or
other instruments payable on presentation, for the sum of £30,000 or less, may,
in case of non-payment by debtors after falling due, cause to be arrested the
movable property or the person of such debtors, drawers, endorsers, and
signatories of such instruments, and proceed against them summarily: to compel
them to make payment, or to give security for the payment by their subscribers.[4]
However, seizure of the person shall only be authorized in relation to aliens
or persons who are expatriable.[5]
Article 6
In
the case referred to in Article 5, the Officer must follow the procedure
indicated in Article 1 of this Law, as well as the provisions of Article 4 of
the Loi (1862) sur les saises en vertu d’ordres provisoires.
Article 7
This
Law does not affect the provisions of the Law establishing the said Court, in
the case of désastre.
Any
matter concerning costs is governed by –
(a)
Article 13 of the Royal Court (Jersey)
Law 1948; and
(b)
Article 3 of the Civil Proceedings
(Jersey) Law 1956.
[1] ou du Magistrat
does not mean ‘the Magistrate’ in the modern sense of the term in the
Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949
[2] In the modern context Article 2 is
referring simply to officers of the Viscount’s Department
[3] séquestrer
[4] paiement de
leurs soussignés
[5] A person is expatriable if
he/she does not own immovable property in Jersey available to creditors