Jersey Law 8/1948

 

ROYAL COURT (JERSEY) LAW, 1948.

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A LAW           to modify the constitution of the Royal Court, sanctioned by Order of His Majesty in Council of the

 

22nd day of december, 1948.

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(Registered on the 15th day of January, 1949).

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STATES OF JERSEY.

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The 5th day of October, 1948.

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THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law:  -

PART 1

THE JURATSHIP

ARTICLE 1

THE PRESENT JURATS

Subject to the provisions of this Law, the Jurats who are in office on the coming into force of this Law shall continue in their judicial office.

ARTICLE 2

THE FUTURE JURATS

As from the coming into force of this Law, Jurats shall be appointed by an Electoral College in manner provided by this Law.

ARTICLE 3

QUALIFICATIONS FOR THE OFFICE OF JURAT

(1)     A person shall, unless disqualified under the provisions of this Law or of any other enactment, be qualified to be appointed Jurat if he has attained the age of forty years and is a British subject and –

(a)    was born in the Island; or

(b)    has during the five years preceding the day of appointment been ordinarily resident in the Island.

(2)     For the avoidance of doubt, it is hereby declared that –

(a)    a person, by reason of the fact that he is not a member of the Established Church, shall not be disqualified for being appointed Jurat;

(b)    a woman, by reason of her sex or marriage, shall not be disqualified for being appointed Jurat;

* * * * * * * 1

ARTICLE 4

DISQUALIFICATIONS FOR THE OFFICE OF JURAT

Subject to the provisions of this Article, a person shall be disqualified for being appointed Jurat if –

(a)    he holds any paid office or other place of profit under the Crown or the States or any administration of the States;

(b)    he is a paid officer of any parochial authority;

(c)    he has a curator of his person or his property;

(d)    he has an attorney without whom he may not act in matters real or personal;

(e)    an application made by him to the Royal Court to place his property under the control of the Court (“de remettre ses biens entre les mains de la Justice”) has been granted;

(f)     his property has been declared “en désastre”;

(g)    an application made by him to the Royal Court to make a general cession of his property (“de faire cession générale de tous ses biens-meubles et héritages”) has been granted;

(h)    his property has been adjudged by the Royal Court to be renounced (“adjugée renoncée”);

(j)     he has made a composition or arrangement with his creditors;

(k)    he has, within the twelve months immediately preceding the day of his appointment, received poor relief;

(l)     he has, within the seven years immediately preceding the day of his appointment, been convicted anywhere in the British Commonwealth of any offence and ordered to be imprisoned for a period of not less than three months without the option of a fine;

(m)   he is the holder in his own name of a licence for the sale and consumption of spirituous liquors granted by the Assembly of Governor, Bailiff and Jurats, or is in the employment of any person to whom any such licence has been granted by the said Assembly;

(n)    he is conducting in the Island the business of a brewer or is in the employment of any person by whom the business of a brewer is conducted in the Island:

Provided that –

(i)      the disqualifications attaching to a person for any of the reasons set out in sub-paragraph (e), (f), (g) or (h) shall cease if the proceedings are concluded by reason that he has paid his debts in full or, if on the conclusion of the proceedings he has not paid his debts in full, on the expiration of five years from the date of the conclusion of the proceedings;

(ii)     the disqualification attaching to a person for the reason set out in sub-paragraph (j) shall cease, if he pays his debts in full, on the date on which the payment is completed, or, in any other case, on the expiration of five years from the date on which the terms of the composition or arrangement are fulfilled;

(iii)    a person shall not be deemed to have received poor relief within the meaning of sub-paragraph (k) by reason only that he, or a member of his family, has, at the cost of any public or parochial authority, received medical or surgical treatment, or been an inmate of an institution for the purpose of receiving such treatment.

[ARTICLE 5

APPOINTMENT OF JURATS

(1)     There shall be an Electoral College for the purpose of the appointment of Jurats.

(2)     The Electoral College shall consist of –

(a)    the Bailiff, who shall be its president;

(b)    the Jurats;

(c)    the Constables of the twelve parishes of the Island;

(d)    the elected members of the States;

(e)    members of the Jersey Bar, admitted not less than seven years before the meeting of the Electoral College, who have renewed their oath of Advocate within the seven months preceding the meeting of the Electoral College; and

(f)     Solicitors (“Ecrivains”) of the Royal Court admitted not less than seven years before the meeting of the Electoral College:

Provided that a member of the Bar or a Solicitor shall cease to be a member of the Electoral College from the day upon which he undertakes wholetime service in any office or employment in respect of which he is entitled to receive remuneration from the Crown or from the States or from any parochial authority:

Provided also that a Solicitor shall cease to be a member of the Electoral College from the day upon which there has been lodged with the Bailiff a certificate signed by the President and the Secretary of the “Chambre des Ecrivains” to the effect that such Solicitor has ceased, for any reason whatsoever, to practise or to be legally entitled to practise as a Solicitor of the Royal Court.

(3)     The Lieutenant Governor, the Dean, His Majesty’s Attorney General and His Majesty’s Solicitor General shall be members of the Electoral College but, as such, shall not be entitled to vote nor to propose or second a candidate for appointment as Jurat.

(4)     The Viscount, the Judicial Greffier and the Greffier of the States jointly shall at all times maintain a register of the names and addresses of the members for the time being of the Electoral College, and a copy of such register, signed by the Viscount, the Judicial Greffier and the Greffier of the States, shall at all times be exhibited in the Vestibule of the Royal Court House.

(5)     Subject to the following provisions of this Article, a person shall be appointed to the office of Jurat –

(a)    where his nomination to that office is proposed by one member, and seconded by another member, of the Electoral College, in the form set out in the First Schedule to this Law; and

(b)    if there are more candidates duly nominated than there are vacancies to be filled, where he is elected to that office by the Electoral College.

(6)     Within fourteen days after the day on which it comes to the notice of the Bailiff that a vacancy has occurred from any cause whatsoever, among the Jurats, he shall give notice of the vacancy to the members for the time being of the Electoral College.

(7)     Notice of a vacancy among the Jurats shall, on the written instructions of the Bailiff, be delivered by the Viscount to every member for the time being of the Electoral College and such notice shall specify the latest date (being a date not less than ten days, and not more than fourteen days, from the date of the notice, as may be specified therein) by which nominations of candidates for the vacancy are to be received by the Bailiff.

(8)     Where there are only as many candidates nominated as there are vacancies to be filled, the person or persons so nominated shall be duly appointed to the office of Jurat and the Bailiff shall take the necessary steps for such person or persons to take the oath of office of Jurat in accordance with the provisions of paragraph (27) of this Article.

(9)     Where there are more candidates duly nominated than there are vacancies to be filled, the Bailiff shall summon a meeting of the Electoral College for a day not later than the fourteenth day after the last day for the receipt of nominations.

(10)   A summons to attend a meeting of the Electoral College shall, on the written instructions of the Bailiff, be delivered by the Viscount to every member for the time being of the Electoral College, four days at least before the day for which the meeting is summoned.

(11)   The summons shall contain particulars of –

(a)    the day upon which, and the hour and place at which, the meeting is to be held;

(b)    the purpose for which the meeting is being summoned; and

(c)    the particulars relating to the candidates nominated as set out in the forms of nomination, together with the names of their proposers and seconders.

* * * * * * *2

(13)   Subject to the provisions of paragraph (20) of this Article, every member of the Electoral College shall be entitled to address the meeting.

(14)   The meeting shall be held in public, but the vote shall be secret.

(15)   Subject to the provisions of paragraph (3) of this Article, every member of the Electoral College shall be entitled to as many votes as there are vacancies to be filled:

Provided that –

(a)    a person who is a member of the Electoral College by virtue of more than one capacity shall not be entitled to vote in more than one capacity;

(b)    no person shall cast more than one vote for the same candidate; and

(c)    the Bailiff shall only vote in accordance with the provisions of paragraph (19) of this Article.

(16)   The Bailiff shall examine the voting papers and shall forthwith, in the presence of the members of the Electoral College and of the public present at the meeting, declare the result of the ballot.

(17)   If the ballot results in an equal number of votes being cast in favour of two or more candidates, the Bailiff, after declaring the appointment of such candidate or candidates as shall have obtained a clear majority or clear majorities, shall call upon the members of the Electoral College to vote again:

Provided that the second ballot shall be with respect only to those candidates the obtaining by whom of an equal number of votes has resulted in a tie for a vacancy or vacancies to which no appointment has been declared by the Bailiff in accordance with the foregoing provisions of this paragraph.

(18)   The Bailiff shall examine the voting papers and shall forthwith, in the presence of the members of the Electoral College and of the public present at the meeting, declare the result of the second ballot.

(19)   If the result of the second ballot is inconclusive, the Bailiff shall vote and, having voted, shall declare the final result of the ballot.

(20)   No business other than the election of a Jurat or of Jurats shall, under any pretext whatsoever, be conducted at a meeting of the Electoral College.

(21)   The quorum of the Electoral College shall be forty.

(22)   If, twenty minutes after the time for which the meeting has been summoned, there is no quorum, the Bailiff shall adjourn the meeting for not more than ten days.

(23)   The Viscount shall, on the written instructions of the Bailiff, serve upon every member for the time being of the Electoral College (whether or not he was present at the first meeting) a new summons which shall, “mutatis mutandis”, contain particulars similar to those required by paragraph (11) of this Article to be contained in a summons and shall be served in the manner prescribed by that paragraph.

(24)   The Greffier of the States shall cause new notices which shall, “mutatis mutandis”, contain particulars similar to those required by paragraph (12) of this Article to be contained in a press notice to be published in the newspapers and in the manner prescribed by that paragraph.

(25)   The members of the Electoral College, being duly assembled in adjourned meeting, shall proceed with the election of a Jurat or Jurats, whether a quorum be present or not, but, in all other respects, shall proceed in accordance with the foregoing provisions of this Article.

(26)   The Greffier of the States shall attend meetings of the Electoral College, shall act as its Clerk and shall record its proceedings.

(27)   The Viscount shall, on the instructions of the Bailiff, warn the candidate or candidates appointed to the officer Jurat to attend before the Royal Court of Jersey, for the purpose of taking oath of office of Jurat, on the day appointed for the purpose by the Bailiff, which day, however, shall not be less than four, nor more than ten, days after the date of his appointment:

Provided that if a candidate appointed to the office of Jurat is prevented by illness from attending before the Royal Court for the purpose of taking oath of office of Jurat on the day appointed for the purpose by the Bailiff, such candidate shall be permitted to take oath on such later date as may be appointed for the purpose by the Superior Number of the Royal Court.

(28)   Every notice and summons to be delivered in pursuance of this Article shall be deemed to have been duly delivered if it has been delivered by hand at, or addressed through the post to, the address contained in the register mentioned in paragraph (4) of this Article as being the address of the person to whom is to be so delivered or addressed.]3

ARTICLE 6

EXPENSES OF THE ELECTORAL COLLEGE

All expenses of and incidental to the convening of the Electoral College and of the proceedings thereat shall be paid out of the General Revenues of the States.

ARTICLE 7

CONTESTED APPOINTMENTS

(1)     Any person who contests the validity of the appointment of a Jurat by the Electoral College may present a Remonstrance to the Superior Number of the Royal Court and shall, at the same time, declare on oath that, to the best of his knowledge, information and belief, the allegations contained in the Remonstrance are true.

(2)     The case shall be heard with all possible expedition, either in term or in vacation.

(3)     The Royal Court shall, on the motion of His Majesty’s Attorney General, declare null and void the appointment of a Jurat by the Electoral College –

(a)    if the person appointed is disqualified for appointment under the provisions of this Law; or

(b)    if the person appointed is found by the Court to have made, directly or indirectly, any gift, promise or threat, in order to induce any one or more of the members of the Electoral College to vote in his favour or to refrain from voting in favour of any other candidate; or

(c)    if the formalities prescribed by this Law for the convening of the meeting of the Electoral College, or for the conduct thereof, have not been duly carried out:

Provided that the Court, if it is satisfied that the meeting was convened and conducted in accordance with the spirit and intention of this Law and that the fortuitous omission of some of the formalities did not affect the decision of the meeting, shall confirm the appointment made at the meeting.

ARTICLE 8

OATH OF JURAT

(1)     Every Jurat appointed by the Electoral College shall, before he enters upon the discharge of his duties, take, on the motion of His Majesty’s Attorney General, oath of office before the Superior Number of the Royal Court in accordance with the form of oath set out in the Second Schedule to this Law.

(2)     If a Jurat so appointed fails or refuses to take oath of office, the Court shall, on the motion of His Majesty’s Attorney General, declare the appointment null and void.

[ARTICLE 9

VOID APPOINTMENTS

If the appointment of a Jurat is declared null and void by the Superior Number of the Royal Court under the provisions of Article 7 or 8 of this Law, the Bailiff shall immediately take the necessary steps with a view to the appointment of a Jurat in place of the Jurat whose appointment has been declared null and void as aforesaid.]4

[ARTICLE 10

RETIREMENT OF JURATS

A Jurat shall cease to hold office on the day upon which he attains the age of seventy-two years:

Provided that a Jurat who, for a continuous period of twelve months fails, without good reason, to discharge the duties of his office, or who, in the opinion of the Court, is permanently unable, through physical or mental incapacity, or for any other reason, efficiently to carry out the duties of his office, may be called upon by the Court to resign and, unless he, within a reasonable time, presents to the Bailiff, for transmission to Her Majesty in Council, a petition praying that Her Majesty in Council may be pleased to permit him to resign his office, he shall be removable by Order of Her Majesty in Council on the petition of the Superior Number of the Royal Court.]5

PART II

PRACTICE AND PROCEDURE

ARTICLE 11

RULES OF COURT6

(1)     Rules of Court may be made by the Superior Number of the Royal Court, with the advice and assistance of the Rules Committee –

(a)    for regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the Royal Court in all causes and matters whatsoever in or with respect to which the Court has for the time being jurisdiction (including (but procedure and practice to be followed in the Departments of His Majesty’s Viscount and of the Judicial Greffier) and any matters incidental to or relating to any such procedure or practice, including (but without prejudice to the generality of the foregoing) the manner in which, and the time within which any applications which under this Law or any enactment are to be made to the Royal Court shall be made;

(b)    for regulating and prescribing the procedure on appeals from any court to the Royal Court;

(c)    for regulating the sittings of the Royal Court, whether sitting in court or in chambers;

(d)    for prescribing what part of the non-contentious business of the Royal Court may be transacted chambers, either before the Bailiff alone, or before the Bailiff and Jurats, or before the Judicial Greffier, and in respect of the business to be transacted before the Bailiff and Jurats in chambers, for prescribing number of Jurats whose presence shall be requisite;

(e)    for regulating any matters relating to cost of proceedings in the Royal Court;

(f)     for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings or on any application in connexion with or at any stage of any proceedings;

(g)    for taxing costs in any cause or matter in the Royal Court or in any proceedings preliminary or incidental to any such cause or matter;

(h)    for regulating the optional use of the English language in all causes and matters whatsoever in the Royal Court and in any proceedings preliminary or incidental to any such cause or matter;

(j)     for repealing any enactments which relate to matters with respect to which rules are made under this Article;

(k)    for regulating or making provision with respect to any other matters which may require to be regulated or with respect to which provision may require to be made under this Law.

(2)     Rules of court made under this Article shall apply to all proceedings by or against the Crown.

(3)     Rules of court made under this Article may be amended or revoked by subsequent rules and shall be laid before the States as soon as may be after they are made and if the States, within the period of twenty-one days beginning with the day on which any such rules are laid before them, resolve that they be annulled, they shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new rules.

(4)     For the purpose of advising and assisting the Superior Number of the Royal Court in the making of rules, there shall be a Committee (in this Article referred to as “the Rules Committee”) composed of two Advocates appointed by the Jersey Bar and of two Solicitors (“Ecrivains”) appointed by the “Chambre des Ecrivains”.

(5)     The term of office of any person who is a member of the Rules Committee shall be such as may be specified in the appointment.

(6)     For the avoidance of doubt, it is hereby declared that His Majesty’s Attorney General, Viscount, and Solicitor General and the Judicial Greffier shall be summoned to attend every sitting of the Superior Number of the Royal Court at which it is proposed to make or consider the making of rules of court under this Article.

ARTICLE 12

SAVING OF POWERS OF STATES AS REGARDS FEES

Nothing in this Law shall affect the power to fix fees conferred upon the States by –

(a)    “La Loi (1930) constituant le Département du Vicomte”;7

(b)    “La Loi (1930) constituant le Département des Officiers de la Couronne”;⁷

(c)    “La Loi (1931) constituant le Département du Greffe Judiciaire”;⁷

(d)    “La Loi (1936) touchant la Rétribution de la charge de Bailli”;⁷

or by any Law, whether passed before or after the coming into force of this Law, amending the said Laws.

ARTICLE 13

POWERS OF THE BAILIFF AND JURATS

(1)     In all causes and matters, civil, criminal and mixed, the Bailiff shall be the sole Judge of law and shall award the costs, if any.

(2)     In all causes and matters, civil, criminal and mixed, other than criminal causes tried before the Criminal Assizes, in which causes the jury shall, as heretofore, find the verdict, the Jurats shall be the sole Judges of fact and shall assess the damages, if any.

(3)     In all criminal and mixed causes, the Jurats shall determine the sentence, fine or other sanction to be pronounced or imposed.

(4)     In all causes and matters, civil, criminal or mixed, the Bailiff shall have a casting vote whenever the Jurats –

(a)    being two in number, are divided in opinion as to the facts or as to the damages to be warded or as to the sentence, fine or other sanction to be pronounced or imposed; or

(b)    being more than two in number, are so divided in opinion with respect to any one or more of the matters specified in sub-paragraph (a) of this paragraph that the giving of a casting vote is necessary for the finding of a majority opinion.

ARTICLE 14

REFERENCES TO THE SUPERIOR NUMBER OF THE ROYAL COURT

Whenever it deems it proper so to do, the Inferior Number of the Royal Court may, in exercise of its inherent jurisdiction, or of any power conferred upon the Court by any enactment, whether made before or after the coming into force of this Law, refer to the Superior Number of the Royal Court any cause or matter, civil, criminal or mixed, and, upon any such reference –

(a)    the respective powers of the Bailiff and Jurats shall be exercised in the manner prescribed by Article 13 of this Law; and

(b)    the Superior Number of the Royal Court shall be deemed to be exercising original jurisdiction.

ARTICLE 15

REGISTRATION OF ORDERS, WARRANTS AND LETTERS

Notwithstanding anything in this Law contained, the Jurats of the Royal Court shall remain Judges as to whether any Order, Warrant or Letter should, under the provisions of the Order of His Majesty in Council of the 21st day of May, 1679, and registered by the States on the 3rd day of July, 1679,8 be registered or as to whether the matter is one in which it would be proper, under the provisions of the said Order of His Majesty in Council, to suspend registration:

Provided that the Bailiff shall have a casting vote if the Jurats –

(a)    being two in number, are divided in opinion; or

(b)    being more than two in number, are so divided that the giving of a casting vote is necessary for the finding of a majority opinion.

PART III

GENERAL

ARTICLE 16

TEMPORARY SUBSTITUTION OF OFFICE HOLDERS

If the office of –

(a)    Bailiff;

(b)    His Majesty’s Attorney General;

(c)    His Majesty’s Viscount;

(d)    His Majesty’s Solicitor General;

(e)    Judicial Greffier; or

(f)     Greffier of the States;

be vacant, or if the holder of any such office be prevented by absence from the Island, illness, or any other lawful cause, from performing the duties of his office, then the duties under this Law of the holder of such office shall be performed by the person who is for the time being discharging the duties of such office.

ARTICLE 17

SAVING OF ASSEMBLY OF GOVERNOR, BAILIFF AND JURATS

Nothing in this Law shall affect the constitution or the jurisdiction of the Assembly of Governor, Bailiff and Jurats.

ARTICLE 18

AMENDMENT OF PUBLIC ELECTIONS LAW

The “Loi sur les Elections Publiques” passed by the States on the first day of February, 1897, and confirmed by Order of Her Majesty in Council of the eighteenth day of May, 1897, as amended by any subsequent enactment,9 shall cease to apply in relation to the election of Jurats and shall be amended accordingly, but so that nothing in this Article shall affect the amendment of the said Law by the Assembly of the States (Jersey) Law, 1948.10

ARTICLE 19

REPEALS

In the Code of Laws, confirmed by Order of His Majesty in Council of the 28th day of March, 1771,11 the following provisions shall be repealed –

(a)    under the title “Avocats” the words –

“Afin d’éviter la confusion, et faire que le droit d’un chacun soit duement établi, personne ne sera reçu à plaider sa cause sans Avocat”;

(b)    under the title “Juges” the words –

“et qui se conforment à la Religion reformée”.

ARTICLE 20

COMMENCEMENT

This Law shall come into force on the promulgation thereof save that Articles 13, 14 and 15 shall not come into force until such day as [the States may by Act appoint]12 13

ARTICLE 21

SHORT TITLE

This Law may be cited as the Royal Court (Jersey) Law 1948.

SCHEDULES

 

[FIRST SCHEDULE

(Article 5(5))

ISLAND OF JERSEY

ROYAL COURT (JERSEY) LAW, 1948

FORM OF NOMINATION OF CANDIDATE FOR OFFICE OF JURAT

We, the undersigned, members of the Electoral College constituted under the Royal Court (Jersey) Law, 1948, recommend the following person –

 

SECOND SCHEDULE

(Article 8)

SERMENT DES JUSTICIERS

Vous ............................................... puisqu’il a plu à ....... Dieu vous appeller légitimement en cette Charge, jurez et promettez par la foi et serment que vous devez à Dieu, que bien et fidèlement vous exercerez l’état et charge de Juré-Justicier, en la Cour Royale de notre Souverain Sire GEORGE Six, par la Grâce de Dieu, Roi de la Grande Bretagne, de l’Irlande et des Dominions Britanniques d’outre mer, Défenseur de la Foi, en cette son Isle de Jersey, la Majesté duquel vous reconnoissez sous Dieu, suprême Gouverneur en tous ses Royaumes, Provinces, et Dominions, renonçant à toutes supériorités foraines et étrangères; Vous garderez le droit de sa Majesté, et de ses sujets, et soutiendrez l’honneur et gloire de Dieu, et de sa pure et sacrée parole; Vous administrerez bonne et briève justice également tant aux riches qu’aux pauvres, sans acception de personne, suivant les Loix, Coutumes et Usages confirmés par nos Privilèges, en les soutenant avec nos libertés et franchises, vous opposant à quiconque les voudroit enfreindre. Item vous ferez punir et châtier tous Traîtres, Meurtriers, Larrons, Blasphémateurs du sacré Nom de Dieu, Yvrognes et autres personnes scandaleuses, chacun selon son démérite, vous opposant à tous séditieux, à ce que la force demeure au Roi et à sa Justice. Vous assisterez à la Cour toutes fois et quantes que vous en serez requis, si vous n’avez une excuse légitime, et en tel cas vous mettrez un autre Justicier en votre place, donnant votre avis, opinion et conseil, selon la pureté de votre conscience. Vous honorerez et ferez respecter la Cour, et garderez et ferez respecter la Cour, et garderez et ferez garder le droit des Veuves, Orphélins, Etrangers et autres personnes indéfendues; finalement en vos conclusions, vous vous rangerez et conformerez au meilleur et plus sain avis de Monsieur le Bailly, et de Messieurs de la Justice; Vous le promettez sur votre conscience.