Law Reform
(Miscellaneous Provisions) (Jersey) Law 1967
A LAW to make provision for the
abolition of the offices of prévôt, sergent and bedel and for
regulating procedure in the Petty Debts Court, to amend and to make provision
for amending the Law in relation to fines and forfeitures, to abolish the Cour
du Billet, to prescribe the period in which actions may be brought on judgments
of the Royal Court and Petty Debts Court and to provide for certain ancillary
matters
Commencement
[see endnotes]
1 Interpretation[1]
In this Law, “prévôt”
and “sergent” mean respectively a King’s prévôt
and a King’s sergent.
2 Extension
of power to make rules of court
(1) The power of the Royal
Court to make Rules of Court under Article 13 of the Royal Court (Jersey)
Law 1948, shall include a power to make rules –
(a) for
abolishing any functions of a prévôt or a sergent;
(b) for
the carrying out of any functions of a prévôt or a sergent by such
persons or by such means as may be specified in the rules;
(c) for
regulating and prescribing in relation to the Petty Debts Court any matters
which may be regulated and prescribed under the said Article 13 in
relation to the Royal Court;
(d) in
relation to the collection of fines and other penalties imposed by any court
and the disposal of forfeitures.[2]
(2) In the application of
the said Article 13(1)(d), as extended by sub- paragraph (1)(c) of
this Article, the reference to the Bailiff alone and to the Bailiff and jurats
shall be construed as a reference to the judge of the Petty Debts Court.
3 Abolition
of the offices of prévôt, sergent and bedel
(1) Where Rules of Court
under Article 2(1)(a) and (b) of this Law have made the full provision
which may be made for the abolition of the functions of prévôt or
sergent or for the carrying out of such of those functions as have not been
abolished and it is so declared in the rules, the office in relation to which
such provision has been made shall be abolished and all duties, rights and
privileges attaching to such office shall cease.
(2) The office of bedel is
hereby abolished and all duties, rights and privileges attaching to such office
shall cease.
4 Records
of appariements and lists of rentes anciennes due to and by the Crown
(1) It shall be the duty of
every person having in his or her possession the record of any appariements or any list of rentes anciennes due to or by the Crown to inform
the Receiver-General that he or she has the same in his or her possession and,
if the Receiver-General so requires, to deliver the same to the
Receiver-General.
(2) If any such person as
aforesaid wilfully fails to comply with any of the requirements of this Article,
the person shall be guilty of an offence and shall be liable to a fine of level
1 on the standard scale.[3]
5 Disposal
of fines and other pecuniary penalties
(1) Where any enactment
passed before the coming into force of this Law provides that any fine or other
pecuniary penalty, or any part thereof –
(a) shall
be awarded for the benefit of a fund administered by the States or by an
administration of the States, or for the benefit of an administration of the
States or of a department or institution administered by the States, or for the
benefit of a common informer, or shall be applied for a public purpose, the
same shall be paid into the consolidated fund;
(b) shall
be awarded for the benefit of any funds administered by a parish (other than
the general revenues of the parish), or for the benefit of any department or
institution administered by a parish, or shall be applied for any parochial
purposes, the same shall be awarded for the benefit of the general revenues of
the parish. [4]
6 Abolition
of Cour du Billet
The Cour du Billet is hereby abolished and any action which could be
instituted in the Cour du Billet shall be instituted in the Cour du Samedi.
7 Limitation
of actions
No action shall lie on any judgment of the Royal Court or the Petty
Debts Court after the expiration of 10 years from the date on which the
judgment became enforceable.
8 Repeals
The following are hereby repealed, namely any rule of law or custom
contrary to the provisions of this Law.
9 Citation
This Law may be cited as the Law Reform (Miscellaneous Provisions)
(Jersey) Law 1967.