Re The Bailiff and Jurats of the Royal Court of Guernsey
| Jurisdiction | UK Non-devolved |
| Judgment Date | 20 December 1844 |
| Date | 20 December 1844 |
| Court | Privy Council |
English Reports Citation: 13 E.R. 408
ON PETITION FROM GUERNSEY. 1
Mews' Dig. tit. Colony; II. Particular Colonies; 13. Jersey and Guernsey, b. S.C., with annotation, in 6 St. Tr. (N.S.) 159; and see Printed Cases for petitions, cases, and statements in reply. As to the laws of Jersey and Guernsey, generally, see notes to In the Matter of the States of Jersey, 1853, 8 St. Tr. (N.S.) 286; S.C. 9 Moo. P.C. 185; 1862, 15 Moo. P.C. 195; and cf. In re Belson, 1850, 7 Moo. P.C. 195; and cf. In re Belson, 1850, 7 Moo. P.C. 114; In re Jersey Jurats, 1866, L.R. 1 P.C. 94, 4 Moo. P.C. (N.S.) 456; Lacloche v. Lacloche, 1870, L.R. 3 P.C. 125, 6 Moo. P.C. (N.S.) 383; L.R. 4 P.C. 325, 9 Moo. P.C. (N.S.) 87. Reports (i.) of 1846 on the Criminal Laws of the Channel Islands; and (ii.) 1859, on the Civil Laws of Jersey. In In re Daniel, 1891 (6 St. Tr. N.S. 159), the Privy Council held that in Jersey a warrant of pardon did not need to be registered before being put into execution. As to deportation of aliens, see note to Donegani v. Donegani, 1834-35, 3 Knapp 93.
V MOORE, 49 GUERNSEY, IN RE BAILIFF, ETC., OF [1844] [49] ON PETITION FROM GUERNSEY.* In re the bailiff and jurats of the royal court of guernsey [Dec. 10, 11, 16, 18, and 20, 1844]. The advice of the Bailiff and Jurats of the Royal Court in the Island of Guernsey, is not necessary, for the purpose of authorizing the Governor, or Lieutenant-Governor, to exercise the power of deportation of aliens domiciled in the Island. The Bailiff and Jurats are individually entitled to take part, and speak, in all conferences with the Governor, or Lieutenant-Governor, of the Island; but the Governor, or Lieutenant-Governor, has the sole authority to appoint the time and place for such conference. A writ of pardon, under Her Majesty's sign manual, addressed to the Lieutenant-Governor, and the keeper of the gaol, to discharge out of custody a person undergoing imprisonment, does not require to be verified and registered by the Royal Court, before it is executed. The refusal of the gaoler to discharge a prisoner, on the production of a writ of pardon under the sign manual, will not warrant the Lieutenant-'Governor in enforcing obedience to the writ, by the threat of military or other force. This case arose out of two Petitions presented by the Bailiff and Jurats of the Royal Court of Guernsey, complaining of certain acts of the LieutenamVGovernor of the Island (Major-General William Napier), as being inconsistent with the rights and privileges of the Royal Court, and contrary to, and incompatible with, the constitution of the Island; and praying that Her Majesty would be pleased to make such declaration, or order, as might prevent their recurrence, and secure the future observance of the rights and privileges of the Royal Court, and the maintenance of the usages and constitution of the Island. The substance of the first Petition, which was presented on the 20th of November 1843, was as follows:- [50] That two several matters of difference between his Excellency the Lieutenant-Governor and Commander-in-Chief of Guernsey, and the Petitioners, had arisen out of the expulsion from the Island, by his Excellency, of a man named Isidore Le Comte, a subject of his Majesty the King of the French. That these matters were: first, as to the right of the Petitioners, the Jurats, to speak in, the conference held between the Lieutenant-Governor, Bailiff, and Jurats, according to the constitution of the Island; and, secondly, as to the authority of the Lieutenant-Governor in expelling aliens from the Island irrespectively of the jurisdiction of the Royal Court. That Le Comte was domiciled in Guernsey, and, as the Petitioners believed, was neither suspected of any offence against the State, nor had in any way brought himself under the designation of " a. dangerous person," in analogy with the Acts of Parliament passed for the regulation of aliens. That the constable of the town parish, Albert Carey, Esq., by whose instrumentality the Lieutenant-Governor had acted, having inserted a letter in the papers, which seemed to intimate that he had acted upon his own authority in expelling Le Comte, the case was thereby brought directly under the notice of the Royal Court: and the constable, being'an officer more particularly under their control, he was called on by them to account for having, as it appeared, imprisoned that individual, and sent him away, without either producing him before them, or even making to them a report of what had been done; when the constable justified himself as having acted under the order of the Lieutenant-Governor, submitting to the Court th'at he was responsible to his Excellency alone, and that, without his permission, he was bound to withhold from them [51] any further information. That the charge against Le Comte, by the constable, at the Guernsey gaol, in which the imprisonment took place, was not entered till about a month after the imprisonment, the constable having declined * Present: The Lord President [Lord Wharncliffe], the Lord Chancellor [Lord Lyndhurst], Sir James Graham, Bart., Mr. Baron Parke, the Right Hon. Dr. Lushington, and the Right Hon. T. Pemberton Leigh. Assessor,-The Solicitor-General (Sir F. Thesiger). 408 GUERNSEY, IN RE BAILIFF, ETC., OF [1844] V MOORE, 52 to state how the gaoler was to make the entry, both when, he imprisoned, and when he released Le Comte. That the charge, then dictated by the constable to the gaoler, was " annoying the constable in the execution of his duty." That the Court felt it incumbent on them, to endeavour to satisfy themselves with regard to the exercise of such authority, by the Lieutenant-Governor, in expelling Le Comte without trial; and, as the most respectful course towards the Lieutenant-Governor, resolved to seek a conference with his Excellency, at which they might enter together into explanation on the subject, and come to a right understanding for the future; a course sanctioned by law and ancient usage, which had been at various times resorted to with most beneficial results. That the Lieutenant-Governor was pleased to accede to the Court's request, and fixed the time and place for holding such conference, viz., Monday, the 9th October, at his residence, Havilland Hall. That conformably to that appointment, the Court waited on his Excellency, being prepared to enter on a conference in the manner which had always been, usual on similar occasions. But the Lieutenant-Governor, to their surprise...
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