The States of Jersey

JurisdictionEngland & Wales
Judgment Date03 December 1853
Date03 December 1853
CourtState Trial Proceedings
IN THE MATTER OF THE STATES OF JERSEY. PROCEEDINGS BEFORE THE RIGHT HONOURABLE THE LORDS OF THE COMMITTEE OF HER MAJESTYS PRIVY COUNCIL (1) FOR THE AFFAIRS OF GUERNSEY AND JERSEY, IN THE MATTER OF THE STATES OF JERSEY, NOVEMBER 30TH, DECEMBER 1ST, 2ND, AND 3RD, 1853. (Reported in 9 Moo. P.C. 185.) On February 11th, 1852, the Crown, on the petition of certain of the inhabitants of Jersey, passed three Orders in Council establishing a stipendiary magistrates court, a small debts court, and a police force for St. Heliers to be paid out of a local rate, and transmitted these Orders to the Royal Court of Jersey for registration. The Royal Court suspended the registration of the Orders, and referred them to the States of Jersey. The States further suspended the registration, and presented a petition to the Crown complaining that the said Orders were unconstitutional, as having been passed without the assent of the States. The petition was referred to the Committee of the Privy Council for the Affairs of Guernsey and Jersey, which consented to the suspension of the registration, in order to give the States an opportunity of legislating to the same effect. Subsequently the States passed six Acts for that purpose, which were transmitted for the approbation of the Crown in Council. Two petitions were presented to the Crown in favour of the original Orders and against the Acts passed by the States, and a third petition against the Orders qad two of the Acts. The Crown referred all the petitions and the proposed Acts of the States to the Committee of the Privy Council for the Affairs of Guernsey and Jersey, and printed cases were put in by the several petitioners. The Committee, after hearing argument, reported with respect to the Orders of February 11th, 1852, that, although they appeared well calculated to improve the administration of justice, yet, as serious doubts existed as to whether the establishment of such provisions without the assent of the States was consistent with the constitutional rights of the Island, it was expedient that the Orders should be withdrawn, and the royal assent given to the Acts of the States. This report was confirmed by Order in Council. (I) Present : The Lord Chancellor (Lord Cranworth), the Right Hon. Viscount Palmerston (Home Secretary), the Right Hon. Dr. Lushington, the Right Hon. T. Pemberton Leigh (after- wards Lord Kingsdown), the Right Hon. Lord Justice Knight Bruce, the Right Hon. Lord Justice Turner, and the Right Hon. Sir John Patteson. Assessors : The Attorney-General (Sir Alexander Cockburn) and the Solicitor-General (Sir Richard Bethel!). The Law Officers usually act as ex officio assessors to the Committee for Guernsey and Jersey. In the Prison Board Case, 1894 (see below, p. 312 n) they appeared for the Crown. In this case several petitions from the Island of Jersey were referred to the Committee of the Privy Council for the affairs of Guernsey and Jersey. The petitions raised a question as to the prerogative right of the Crown to originate and promulgate of its own accord Orders in Council having the force and effect of laws for the Island of Jersey, without the concurrence of the States of the Island. The case arose under the following circumstances :- In May 1851, a deputation of a New Police Committee, which had been appointed at a public meeting of the inhabitants of the Island, lodged with the Home Secretary a petition addressed to Her Majesty in Council, praying for the establishment of a police magistrate, a paid police, and a Court of Requests for the recovery of small debts. Her Majesty having taken the prayer of the petition into consideration, by the advice of Her Privy Council issued, of her own accord and without communieating with the States of Jersey, three Orders in Council dated the 11th of February 1852, for the purpose of carrying out those objects. " 1. An Order for establishing a Court for taking preliminary proceedings in criminal cases, and of summary jurisdiction ; "2. An Order for establishing a Civil Court of summary jurisdiction for the more easy recovery of small debts ; and " 3. An Order for the establishment in the town of St. Heliers and its vioinity of a new police, in lien of the present establishment."(a) These Orders in Council of February 11th were communicated to the Royal Court, together with a letter from the Under Secretary for the Home Department directing that they should be registered ; but the Royal Court suspended the (a) Orders 1 and 3 were designed to remedy def^Tts noticed in the First Report of the Royal Commission on the state of the Criminal Law in the Channel Islands. See 1, clo w, App. C. p. 1127. 287] In the matter of the States of Jersey, 1853. [288 registration, and referred them to the States of the Island. Thereupon the States, on the 5th of May, passed an Act directing the Orders in Council of February 11th to be lodged au Greffe, and suspending their registration so as to allow of representations being made to the Queen in Council. The States then presented a petition, herein numbered (1), dated 21st May 1852, to Her Majesty in Council, representing that the Orders in Council of February 11th were an infringement of their rights and privileges, and praying that they might be recalled. They contended that the Crown had no right of legislation or taxation in the Island without the assent of the States. This and the other-petitions (a) mentioned below cover the same ground as the cases afterwards put in by the several petitioners, and set out below. This petition (1) having been referre d by Order in Council of 15th June 1852, to the Lords of the Committee of Council for the affairs of Guernsey and Jersey, their Lordships in June 1852 intimated to a deputation of the States their consent to suspend the registration of the Orders in Council of February 11th, in order that the States might have time to pass certain Acts in accordance with the provisions of the said Orders in Council. Accordingly, after many sittings, the States, in August 1852, passed as substitutes for the above ,Orders in Council, six Acts, which were transmitted for Her Majestys approbation, and were now submitted with the Orders in Council of February 11th, 1852, for the advice and consideration of the Committee. These Acts were respectively entitled :- First. An Act relating to the number and powers of the Centeniers and other officers of St. Heliers and other parishes. Second. An Act for the appointment of a paid Police. Third. An Act to amend the practice in taking down evidence in Criminal Cases. Fourth. An Act for the establishment of a Court for the Recovery of Small Debts not exceeding ten pounds. Fifth. An Act to amend the practice of the Royal Courts in certain cases. Sixth. An Act to establish a Court for minor Criminal offences. In addition to the petition (1) of the States the following petitions were also referred to the Committee :- A petition, herein numbered (2), in favour of the three Orders in Council of February 11th, dated June 1852, and presented by certain merchants, bankers, tradesmen, (a) This ana the following petitions are set out in 9 Moo. P.C. CASE FOE TILE STATES. and other inhabitants of St. Heliers before the States had passed the six Acts above mentioned. The petitioners denied that the Royal Court had any right to suspend registration of the Orders in Council of February 11th, and contended that the Order in Council of 21st May 1679 (a) allowing of such suspension had been repealed as prejudicial to the royal authority by the Order in Council of 17th December 1670.(b) They denied the authority of the States to legislate or tax without special permission from the Crown, and contended that the whole legislative authority, both initiatory and final, on all matters left nnprovided for by Act of Parliament, was vested in Her Majesty. The petitioners also complained of the measures taken by the States to pay their deputies and employ counsel before the Committee without any lawful right, and without observing the provisions of the Order in Council of 2nd June 1786.(c) Finally they prayed that the States might be peremptorily ordered to promulgate the Orders in Council of February 11th as was done on 7th March 1785 (d) and to carry them into operation without the least delay, as was done on 25th March 1697,(e) and that they might be interdicted from applying any portion of the public money to defray the costs and charges of their deputation, and ordered to refund such money if already paid. A petition, herein numbered (3), presented September 2nd, 1852, against the Orders in Council of February 11th, and also against the confirmation of two of the Acts passed by the States, namely, the Act for the Recovery of Small Debts, and the Act for the Appointment of a Paid Police. This petition bore four thousand four hundred and twenty-seven signatures. A petition, herein numbered (4), dated October 25th, 1852, in favour of the Orders in Council of February 11th and against the confirmation of the six Actspassed by the States. This petition bore forty-nine signatures. A petition, herein numbered (5), dated 21st October 1852, by Sir Thomas Le Breton, the Bailiff and Chief Magistrate of the Island of Jersey, praying for compensation for the loss of fees which he would sustain if some of the proposed Acts of the States should become law. A petition, herein numbered (6), undated, by Mr. Charles de Ste. Croio., the Greffior of the Royal Court of Jersey, to the like purpose and effect. (a) See below, App. B, p. 1108. (b) See below, App. II, p. 1113. (c) See below, App. 11, p. 1122. (d) See below, App. II, p. 1122. (e) Tbis referenee has not been verified. 289] In the matter of the States of Jersey, 1853. 290 In the absence of a fuller report of the arguments before the Committee, the nature of the questions at issue is best seen in the cases prepared by counsel, and the annexed appendices. CASE ON BEHALF OF THE STATES OF JERSEY...

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  • The States of Jersey
    • United Kingdom
    • Privy Council
    • 3 Diciembre 1853
    ...of Jersey 1 Mews' Dig. tit. Colony; II. Particular Colonies; 13. Jersey and Guernsey; b. Constitution. S.C. with full annotation, in 8 St. Tr. (N.S.) 285. [185] IN THE MATTER OF THE STATES OF JERSEY * [Nov. 30, and Dec. 1, 2, and 3, 1853]. Three Orders of the Queen in Council, addressed to ......

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