Act is repugnant to any Act of Parliament relative to the Island or to any Order in Council, and provided that it be in force for only three years, unless it shall have received the Royal Assent. But they are not authorized to enact ordinances which may touch the prerogative of the Crown, or the rights, privileges, and properties of their fellow subjects, or such as are contrary to the common law, derived fromthe customs of Normandy as they are delivered and explained by Rouillé and Terrien, without an enabling power, though they should be only provisional ones. Every act therefore which is repugnant to anything in those commentators, or to the customs of the Island, until it has received the royal assent is still born; and though it bears the form of a Legislative enactment, it is absolutely lifeless, and of no force whatever. All questions which are brought before the States for their deliberation, are determined by a majority.

MEMBERS OF THE STATES.

His Excellency Major Gen. Sir Edw. Gibbs, K.C.B.
President.-Sir John De Veulle, Bailiff.

Jurats. Charles Le Maistre, Ph. De Carteret, Philip Marett, G. Ph. Benest, G. Bertram, N. Le Quesne, Ph. Le Maistre, E. L. Bisson, Ph. De St. Croix, Ed. Nicolle, Ph. W. Nicolle, and T. Duhamel, Esqrs.

Clergy.-Rector of St. Helier, the Very Rev. Frs. Jeune, D.C.L., Dean; St. Martin, Rev. G. Balleine; St. Mary, Ph. Guille; Grouville, J. Mallet; St. Lawrence, G. Du Heaume, M.A.; Trinity, J. T. Ahier; St. Peter, Ph. Filleul; St. Brelade, E. Falle, M.A.; St. John, Ph. Dupré; St. Saviour, Ed. Durell, M. A.; St. Clement, Ph. Aubin, M.A.; St. Ouen, Ph. Payne.

Constables.-One elected by each parish.

Queen's Officers.-Thomas Le Breton, esquire, Attorney General; J. W. Dupré, esquire, Solicitor General; Ph. Le Gallais, esquire, Deputy Viscount.

Officers of the States.-Francis Godfray, esquire, Greffier and Treasurer; John Aubin, H. Godfray, jun. esqrs. Under Sheriffs; Mr. Ph. Le Cras, Usher.

THE LAWS.

The Laws of Jersey, are derived from four sources. First, the ancient Customs and Laws of Normandy, which are contained in an old book called "la somme du Mançel," or Mançel's Institutes, or, according to Mr. Le Geyt, the Coutumier of Normandy; secondly, municipal and local usages, which may be assimilated to the Common Law of England; thirdly, constitutions and ordinances made by different Sovereigns, or their commissioners empowered thereunto under the Great Seal; acts passed by the States and confirmed by her Majesty, together with such rules and orders as may from time to time be transmitted from the Council Board; fourthly, from Acts of Parliament wherein the island is named; and lastly, from precedents and former judgments recorded in the rolls of the Court. These last cannot strictly speaking be said to be the law, but rather declaratory of what the law is; for, says Mr. Falle, "nothing can be law without the royal authority." Nevertheless great regard is had to them, and says Mr. Durell, "from their being overwhelmingly numerous, and often unjust and contradictory, (see Precedents) some may be taken out to suit every occasion."

EXECUTIVE AND JUDICIAL AUTHORITY.

The executive and administrative authority is vested in the Lieut.-Governor, Bailiff and Jurats, Attorney and Solicitor Generals, Sheriff, Denunciators, Constables and Police: the Judicial is vested in the Privy Council, the Royal Court, the Ecclesiastical Court, and the Feudal Courts, but there are exceptions to this rule. The Feudal Courts are subordinate to the Royal Court, and the Ecclesiastical Court to the Bishop of Winchester, and both these to the Privy Council. It has however been held that the proceedings of the Ecclesiastical Court may be controuled by the Royal Court, when it exceeds its jurisdiction; if not, by the superior Courts of Westminster, though in ordinary cases, the latter have no jurisdiction in the Island.

JURISDICTION OF THE COURTS OF

WESTMINSTER.

It has been generally maintained, by all public writers, from Mr. Falle downwards, that the Courts of Westmins

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ter have not any authority in the Islands, which is true as regards ordinary cases. It was not subject to them even before the reign of King John. The Governor held the pleas, and in extraordinary cases, resort was had to Normandy, yet never to England. But in aftertimes, says Mr. Falle, contentious persons, not acquiescing in the determinations here, instituted suits in the English Courts, a practice which was too readily admitted; and persons were summoned from Jersey to attend them. This vexatious proceeding was remedied in the reign of Edward the Third; and accordingly, when towards the end of that reign, an attempt was renewed to bring a matter of trespass from the Island into the King's Bench, the Court would not admit it,--and decreed thus, as appears in the fourth institute of Lord Coke's "An action of trespass was brought by A. in the King's Bench, for a trespass done by B. in the Isle of Jersey, whereupon in the record this entry is made:- and whereas the aforesaid business cannot be determined in this Court, because the Jurats of the said Isle, cannot come before the justices of this Court, nor by right ought they, nor ought any business originating in that Isle; wherefore the whole record of this business shall be sent into the Chancery of our Lord the King, that he may forthwith, issue his Commission to whomsoever he may think proper, to hear and determine the said business in the said Isle, according to the custom of the said Isle. By this it appeareth that although the King's writ runneth not into these Islands, yet His Majesty's Commission under the Great Seal doth; but then only on urgent and uncommon emergencies. The commissioners appointed under the said commission must first exhibit their commission in court, and have it there enrolled; but in no case concerning life, liberty, or estate, have they the power to determine any thing contrary to the advice of the Judges of those Islands, who are to sit, opine, and make conjunctive records of their proceedings with them; and moreover they (the commissioners) must always judge and determine according to the laws and customs of the Isles."

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"Hence," says Mr. Falle, " that great lawyer, (Lord Coke) from whom I have transcribed the above record owns that the King's writ runneth not into these Isles, the like exemption belonging to them all. For which another emi

nent man of the same profession, (Lord Hale*) gives these two reasons: 1, because, says he, the Courts there (in the Islands) and those here (at Westminster) go not by the same rule, method, or order of Law: 2, because those Islands, though they are parcel of the dominion of the Crown of England, yet they are not parcel of the realm of En gland, nor indeed ever were; but were anciently parcel of the Duchy of Normandy, and are those remains thereof which all the power of the Crown and Kingdom of France have not been able to wrest from England." "But though," says Mr. Falle," the King's writ runneth not into these Isles, the same great lawyer observes from the foresaid record, that His Majesty's Commission under the great seal, doth, and which we readily acknowledge, there being diverse instances of such commissions issued forth both in former and latter days, yet always upon urgent and uncommon emergencies. And the Commissioners have been generally taken from the Chancery, or have been otherwise men versed and knowing in the Civil Law, the service being thought to require persons so qualified. Their coming suspends the ordinary forms of justice; but first they must exhibit their commission in Court, and have it there enrolled; and then they can in no case, concerning life, liberty or estate, determine any thing contrary to the advice of the Jurats, who are to sit, opine, and make conjunctive records of their proceedings with them; and lastly they must judge according to the laws and customs of the Isles."

Having quoted Mr. Falle, and his authorities at length, and giving him full credit for his veracity, we shall now direct our attention to the opinion which has been laid down, that the King's writ runs not into the Islands. An adjudicated case in the Court of King's Bench, is referred to, as cited in the forth institute (a posthumus work) of Lord Coke. "An action of trespass was brought by A. in the King's Bench for a trespass done by B. in the Isle of Jersey: whereupon in the record this entry is made :--And whereas the aforesaid business cannot be determined in this Court, be

History and Analysis of the Common Law of England, written by a learned hand, (supposed Lord Chief Justice Hale, published, an 1713, ch. 9.)

cause the Jurats of the said Isle cannot come before the justices of this Court, nor by right ought they, nor ought any business originating in the said Isle; wherefore the whole record of this business shall be sent into the Chancery of our Lord the King, that he may forthwith issue his commission to whomsoever he may think proper, to hear and determine the said business in the said Isle according to the custom of the said Isle. By this it appeareth that although the King's Writ runneth not into these Islands, yet His Majesty's Commission under the Great Seal doth ; but then only on urgent and uncommon emergencies."

Now his lordship's conclusion must be taken in connection with the premises: this was an action for a trespass, between party and party; the process for which was necessarily the Common Writ, the right of issuing which, was the only question mooted; whereupon the above record was entered. It is admitted upon all hands that this writ "runneth not into the Islands." But there are cases of public wrongs in which the power of the Crown is called in to remedy: then, the King becomes a party to the suit, and the process is by extraordinary means, called Prerogative Writs, which do run into the Islands of Jersey and Guernsey. Blackstone says, "and though certain of the King's Writs or processes from the Courts of Westminster, do not usually run into privileged places, yet it hath been solemnly adjudged (Cro. J. 543, 2, Roll. abr. 292, Stat. II. Geo. 1. c. 4, 4, Burr. 834) that ALL Prerogative writs may be issued to EVERY DOMINION OF THE CROWN OF ENGLAND!!!" And in another place speaking of exempt jurisdictions, he says "ALL Prerogative writs (as those of Habeas Corpus, Prohibition, Certiorari and Mandamus, may issue to all exempt jurisdictions, because the privilege that the King's writ runs not, must be intended between party and party, FOR THERE CAN BE NO SUCH PRIVILEGE AGAINST THE KING!!!" Mr.

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Clark, in his Colonial Law, p. 102, observes, though the ordinary writs of process from the English Courts do not of course run in the Colonies, yet Prerogative Writs, such as mandamus, prohibition, habeas corpus and certiorari, may issue, on a proper case, to every dominion of the crown; but as to a colony, it being in the discretion of the Courts whether they will issue those writs or not, they would not chuse