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Notes Relating to Section 1
1 Immoveable property also includes leases passed before the Royal Court (a requirement where the term of the lease exceeds nine years), but here we refer only to Marett's definition of immoveables in the Lettre Explicative.
2 The securing of debts or loans against property in Jersey is not effected by a mortgage in which title to the property passes to the creditor but by an hypothèque which gives the creditor a charge against the property in the amount of the debt without transfer of title."We are not aware", remarked the civil Commissioners of 1859-60, Athat there is anything in the law of Jersey which forbids the creation of a mortgage in the English mode, but that mode is never practised ...." (Commissioners' Report, 1861, p.xxii).
3 The customary wording of the fourniture et garantie clause before 1880 was "s'obligèrent lesdites parties pour elles et leurs hoirs à la fourniture et garantie réciproque du contenu des prémisses sur tous leurs biens-meubles et héritages présents et futurs". Moveable assets, unlike immoveables, could not be pursued into the hands of third parties by virtue of this hypothec, but the guarantee attached to them was automatically transferred to the proceeds of their sale and to any assets that were acquired subsequently. For Marett's opinion as to the hypothecation of moveables in general see Commissioners' Report (1881), 4615-7.