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Re The Bailiff and Jurats of the Royal Court of Guernsey

State Trials Cited authorities 7 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date18 December 1844
Date18 December 1844
CourtState Trial Proceedings
In re THE BAILIFF AND JURATS OF THE ROYAL COURT OF GUERNSEY. PROCEEDINGS BEFORE THE RIGHT HONOURABLE THE LORDS OF THE COMMITTEE OF HER MAJESTYS PRIVY COUNCIL FOR THE AFFAIRS OF GUERNSEY AND JERSEY IX THE MATTER OF TWO PETITIONS OF THE BAILIFF AND JURATS OF THE ROYAL COURT OF GUERNSEY, DECEMBER 10, 11, 16, 18, 1844. (Reported in 5 Moo. P.C. 49.) In 1843 and 1844 the Bailiff and Jurats of the Royal Court of Guernsey presented two petitions to Her Majesty in Council, complaining that the Lieutenant-Governor of the Island had deported an alien, domiciled in the Island, without the concurrence of the Royal Court; 2ndly, that at a conference demanded by the Royal Court according to the law and custom of the Island, the Lieutenant-Governor had refused to allow the Bailiff and Jurats to take part individually in the conference ; 3rdly, that he had executed a royal writ of pardon before such writ had been registered in the Royal Court ; and 4thly, that the portier or gaoler having refused to deliver the prisoner until the pardon was registered, the governor had enforced obedience by the threat of military force. Held by the Committee for the Affairs of Guernsey and Jersey- Guernsey(a) Right of Governor to deport aliens. The advice of the Bailiff and Jurats is not necessary to authorise the governor to deport aliens domiciled in the Island. Right of Bailiff and Jurats in conference with Governor. The Bailiff au Jurats are individually entitled to take part and speak in all conferences with the Governor, but the Governor may fix the time and place of meeting. Royal Writ of Pardon Registration.(b) A royal writ of pardon need not be verified and registered in the Royal Court before being executed. Disobedience of Gaoler. Thrcat of Military Force. It was the duty of the portier or gaoler to discharge the prisoner at once, but be not being the servant of the Lieutenant-Governor for the purpose of the custody of the prisoner, the Lieutenant-Governor was not justified in enforcing obedience by the threat of military or other force. (a) All the authorities relating to the institutions of Guernsey and Jersey are collected and set out in the cases and appendices prepared by the Crown and the States of Jersey in the Prison Board Case, 1894. See also In re Belson, 7 Moo. P.C. 114 ; In re the States of Jersey, 9 Moo. P.C. 185 ; Do. 15 Moo. P.C. 195 ; In re the Jersey Jurats, L.R. 1 P.C. 94 ; Lacloche v. Lacloche, L.R. 3 P.C. 125, and 4 P.C. 325, and the Reports of the Commission of 1846 on the Criminal Laws of the Channel Islands and of the Commission of 1859 on the Civil Laws of Jersey. (b) In re Daniel, 1891, the Committee decided that in Jersey a warrant of pardon did not require to be presented for registration before being put in execution. BEFORE THE COMMITTEE FOR GUERNSEY AND JERSEY. Present : The LORD PRESIDENT, (Lord Wharncliffe), Lord LYNDHURST, L.C., Sir JAMES GRAHAM, Bart., PARKE, B., Dr. LUSIIINGTON, and T. PEMBERTON LEfou.(a) Assessor The Solicitor-General (Sir F. Thesiger).(b) This case arose out of two petitions presented by the Bailiff and Jurats of (a) Afterwards Lord Kingsdown. (b) Afterwards Lord Chelmsford, L.C.the Royal Court of Guernsey, complaining of certain acts of the Lieutenant-Governor of the Island (Major-General William Napier), as being inconsistent with the rights and privileges of the Royal Court ; and contrary to, and incompatible wito, 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. 161] In re The Bailiff and Jurats of th The substance of the First Petition, f which was presented on the 20th of November 1843, was as follows :- That two several matters of difference between his Excellency the Lieutenant-Governor and Commander-in-Chief and the Petitioners, had arisen out of the expulsion by the Governor of a man named Isidore Le Comte, a French subject : 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. Le Comte, the Petition alleged, was domiciled in Guernsey,and, as the Peti- tioners believed, was not suspected of any offence against the State, and had not and could not be considered "a dangerous person " within the meaning of that term as used in the Imperial Alien Act. 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, 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 that he was responsible to his Excellency alone, and that, without his permission, he was bound to withhold 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 to state bow 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 (a) See Tuppers Hist. Guernsey, 455. e Royal Co a et of f Iuerngey,1844. [1.62 they might enter together into explanation on the subject, and come to a right understanding for the future; a course sanctioned by law an 1 ancient usage. which hn.d been at various times resorted to with most beneficial results. That the Lieu tenant-Governor acceded to their request, and fixed Monday, the 9th October, at his residence, for the conference. That the Court duly waited on his Excellency, being prepared to enter on a conference in the manner which had always been usual on similar occasions. (a) But the Lieu. tenant-Governor, to their surprise, treated the interview as an affair of ceremony and state. That on the Bailiff adverting to the subject of the interview, the Lieutenant-Governor interrupted him by saying that he had acceded to granting a. conference in the case of Le Comte, sent out of the Island by his authority, bat that before proceeding he would state in what manner only he was willing to bold such conference : that, as Her Majestys representative, the highest authority in the Island, he would communicate with the Court through the Bailiff alone, as the organ of that body, and would not allow the Jurats individually to take part in it. He therefore desired the Bailiff to say if he was then fully prepared to deliver the send, ments of the Court. That the Bailiff, on his replying that he could not in this manner express with certainty the sentiments of the Jurats, who, in fact, had not as yet the means of coming to any decision, was told by his Excellency that they had better return to their Court-house, and after they had considered the matter, and were better prepared, another interview might take place. That it was then proposed by the Bailiff that the Court, with his Excellencys permission, should retire for a few minutes into another room to consult in private ; that having thereupon withdrawn, they unanimously agreed that they could not accede to the Lieutenant-Governors terms, which they considered unconstitutional and contrary to the spirit and intent, as well as to the letter of the law. That the Bailiff, in communicating their resolution to his Excellency, observed that in accordance with the Orders in Council in force on the subject, the object of a conference was, by friendly communication, to bring about a right understanding, and that, in requiring that the Bailiff alone should be at liberty to speak, they must consider his Excellency to refuse the conference. That the Lieutenant-Governor, repeating he would enter into no conference except as he had stated, declared the interview at an end, and the Court withdrew. 163] Its re The Bailiff and Jurats of the Royal Court of Guernsey ,1844. [164 That by an Order in Council of the 6th March 1568, it is directed : " That all controversies and mislikings that shall at any time hereafter chance between the Captain, Bailih, And Jurats, shall be forthwith advisedly considered, at some time and place to be appointed by the Captain, where, by mutual conference, they shall quietly appease and reform all controversies and mislikings ; so as each of them being aiding and assisting to the others, they may not only avoid the inconveniences and dangers that were like to follow of the contrary, but be also the better able to attend their charge, and to see to the good observation of such good constitutions as shall be by them established, as well for the good government and defence of the Isle, as for the continuing of the inhabitants of the same in good order and obedience ; and in case any such disorder should fortune to fall out as may not he compounded and redressed amongst themselves there...

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  • Re The Bailiff and Jurats of the Royal Court of Guernsey
    • United Kingdom
    • Privy Council
    • 20 December 1844
    ...of the Royal Court of Guernsey 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 ......

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