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Ecclesiastical Courts Jurisdiction. 8. Certificate of intestacy.
38. Holding of Courts for granting probate. 9. Such certificate to be granted upon affi- 39. Notice of intention to apply, and mode davit of person applying.
of proceeding, where a party objecting does not 10. Duties of registrar.
appear. 11. Probate of will of real estate may be 40. Mode of proving will. Parties entitled granted to devisee.
to be heard. Costs of proceedings. 12. Where deceased resided abroad, &c. 41. Questions of fact may be tried by a jury.
13. Where will proved abroad, copy to be 42. Notice of jury to be given. produced.
43. Verdict of jury to be conclusive. 14. Affidavit to be used on application for 44. How costs to be recovered. probate. Copies of affidavits and schedules. 45. New trial may be granted. 15. Printed forms to be provided.
46. Appeal from Judge of the County Court 16. Registrar to transmit particulars of ap- to one of the Superior Courts. plication.
47. Power of the Judges of the County 17. Notice of objection to probate or admi- Courts to make rules of practice. nistration.
48. Repeal of certain Statutes. 18. In lieu of citation a summons may be 49. Bond to be given. iskuable.
50. Amount of bond. 19. If no notice of objection, probate to be 51. Where estate under 3001., Judge of granted by Judge of the County Court. County Court to have powers of a Court of
20. Probate may be granted by metropolitan Equity. Rules of practice to be framed. registrar.
52. Where notice of objection, and estate 21. Note of grant and will to be transmitted above 3001., probate or administration to be to Registrar-General.
granted by Superior Courts of Common Law. 22. Revocation of probate by County Court 53. Where notice of objection in Metropoliunder 300l. If estate and effects of the value tan District, probate or administration to be of 3001, by the Superior Courts of Common granted by Superior Courts. Law.
54. Delivery of grounds of objection and 23. Probate of will or grant of administra- answer. tion of effects of person in England, Wales, or 55. Powers of Judges of Superior Courts to Ireland to be valid in Ireland or Scotland. In extend time and order amendments. like manner probate or administration granted 56. Rule or order for hearing before Judge by her Majesty's Prerogative Court in Ireland of the Court or Judye of Assize. to be valid in Great Britain. Proviso.
57. Copies of statement and answer to be 24. Probate to be evidence of contents of delivered to Judge. will as to real as well as personal property, 58. Hearing to be at Nisi Prius Sittings for
25. No person to claim as heir, &c., without London or Middlesex or at Assizes. certificate of intestacy.
59. Judge to have powers of Judge sitting 26. Certificate of intestacy.
at Nisi Prius, and witnesses to be sworn and 27. Effect of probate taken out by executor examined. as to real estate.
60. Judge may direct probate to be forth28. Citation to executors, &c., to prove will. with issued, or may report to the Court.
29. Such grant not to prejudice any subse- Court may grant probate or direct rehearing: quent grant.
61. Where probate granted by Judge, parties 30. Devisee of real estate devised by a will may apply for rehearing. may obtain probate of such will.
62. Power to enlarge time for making report. 31. Administrator of personal estate to ad- 63. Where Judge has not granted probate minister real estate also.
Court may do so. 32. Where a person dies, leaving an instru- 64. Probates issued by Superior Court to be ment affecting real estate, and another instru. under seal, and will to be transmitted to Rement personal estate, separate probate to begistrar-General. granted, but in no other case.
65. Order to produce any instrument pur 33. Grant of probate or administration un. porting to be testamentary. Practice thereon. restricted as to real or personal estate to be 66. Clerks of probates to be appointed. conclusive evidence that testator left no other 67. Questions of fact may be tried by a jury. will.
68. New trial may be ordered ; if not, rer34. Grant of probate or administration re- dict to be conclusive. stricted to real or personal estate to be conclu. 69. Advocates admitted to practise as barsive evidence in like manner.
risters. 35. Expense of probate to be borne by per- 70. Notaries and Proctors entitled to pracson applying for same.
tice in County Courts, and notaries and proce 36. Where notice of objection given and tors of Doctors' Commons in Superior Courts. property of deceased sworn under 3001., Judge 71. Costs of proceedings. of the County Court to hear and determine ap- 72. Revocation of probates where grant has plication. Grounds of objection and answer been disputed. thereto to be delivered.
73. Form of probate and administration. 37. Power to Judge to extend time for de- 74. Power as to appointment of adminilivering statement or answer.
Winding-up Joint-Stock Comps. -Review : Le Quesne's Constitutional Hist. of Jersey. 339 75. Administration pendente lite.
NOTICES OF NEW BOOKS. 76. Receiver of real estate.
77. Remuneration to administrators and re- A Constitutional History of Jersey. By ceivers pendente lite. 78. Power of Judges to make rules, &c.
CHARLES LE QUESNE, Esq., Jurat of 79. Power of appeal to Privy Council.
the Royal Court, and Member of the 80. Evidence upon appeal.
States. Longmans. 1856. Pp. 626. 81. Executor or administrator within 12 Mr. Le Quesne, referring to the discusmonths to file inventory of effects of deceased. sions which of late years have taken place
82. In case of neglect of executor or admi- regarding the institutions of Jersey, has nistrator to file inventory within such time.
83. Court to have like control over wills, &c., been induced to write an account of those as the Prerogative Court.
institutions, their origin and progress. This 84. Fees to be taken.
Island in the British Channel has preserved 85. General registrar of probates and admi- many of the old Norman laws arising out nistrations,
of its original connexion with Normandy. 86. Appointment of clerks and servants. The Author commences his work with a Commissioners of Treasury to fix salary of Re- general and cursory view of the institutions gistrar-General and other officers. 87. One of the Secretaries of State to make
of Jersey as they actually exist, and then regulations for management of registrar office. extends the inquiry into their origin and 88. Wills, &c., to be deposited in general progress.
Since the annexation of the registry.
Channel Islands to the Crown of England 89. Printed copies of wills deposited to be Mr. Le Quesne observes that much of their made for inspection and sale.
civil history is to be traced in letters patent 90. Official printed copies of wills and ad- and in charters granted to them by their ministrations to be issued to any persons ap- sovereigns, in the reports of royal Commisplying for same, on payment of fee. 91. Printed copy to be stamped.
sioners, in Acts of their local legislatures, 92. Official written copy of part of a will
and in Orders in Council. The Author may nevertheless be obtained.
has therefore given many quotations from 93. A note containing particulars to be ad- Orders in Council and the Reports of royal vertised in London Gazette.
Commissioners, which are comparatively 94. This Act not to affect the stamp duties but little known, have never been pubon probates and administrations. Value of lished, and but few manuscript copies are real estate not to be included.
in existence. It appears that many docu95. The registrar to deliver copies of wills, ments relating to the Channel Islands may &c., to the Commissioners of Inland Revenue, be found in the record offices in London.
96. Wills, &c., in custody of Ecclesiastical Courts to be transmitted to the Registrar- Mr. Le Quesne observes, that among the General.
wants of the Island is a treatise on its laws 97. Alphabetical list to be made of wills and and customs. Collections may have been administrations. Indices to be made every ten made, but very imperfectly, by private inyears.
dividuals for their own information, but no 98. Indices to be made of probates and ad. attempt has been made to give any classiministrations before the passing of this Act.
fied account of the Laws of the Island bear99. Inspection and search of indices.
100. Pees to be taken by the Registrar-ing on the rights of persons and property. General.
A work of this nature, tracing the changes 101. Payment of salaries.
which the laws have undergone from the days 102. Payment of salaries and expenses. of the old Coutume, would be of much value, 103. Accounts to be kept of fees.
not only from the legal, but from the his104. Superannuation allowance.
torical information which it would contain. 105. Penalty for taking gratuities.
In the present volume reference is made 106. Compensation for offices abolished or
to various documents which have never affected.
107. Compensation to Judge of Prerogative been published, and some of which were, in Court.
fact, not known to previous historians. The [It appears, but not with sufficient distinct- of the States will be useful for reference.
quotations from Orders in Council and Acts ness, that the Jurisdiction of the County
Some of the Norman institutions are Courts will be limited to cases in which the still in existence; the old jury of 24 men value of the property does not exceed 3001.- is still summoned; the old Clameur de Ed.]
Haro is still heard ; 12 jurats still sit as judges and as legislators; and the feudal lords are still bound to appear twice a year at the Assize de la Cour d'Héritage.
Review: Le Quesne's Constitutional History of Jersey. There is one defect in this volume, lite- to do so by the jurats. He may temporarily rally on the threshold, for there is no suspend the decisions of the States by bis disAnalysis or Table of Contents. It must, senting vote ; but he is in that case bound to Liowever, be admitted that it closes with state bis reasons to the Secretary of State for a copious index, but still a general state- adopting that course. tient of the subjects of each chapter is de- the assembly of the governor, bailiff
“The bailiff is a very inflaential member of sirable, if not absolutely necessary. The jurats ; to which body is confided the adminisalphabetical index, indeed, supplies a refe- tration of nearly one half of the Island revenue ; rence to the pages where any matter sought he is also president of the Prison Board, and for may be found ; but to the majority of of the Council for Victoria College. readers it is requisite that the methodical
“ The bailiff has the nomination of the adroarrangement of the work should be set cates, the greffier or clerk of the Court, the forth, in order that its scope may be seen sale or transfer of real property, the two
registrar of contracts or deeds relative to the at once, and the topics contained in each dénonciateurs or sheriffs," the écrivains or chapter readily ascertained.
attorneys, and the huissier or usher of the This omission is, to some extent, sup- Court. plied by the Author's preface, from which "No person can be put in prison, whether for we have described the object and nature of debt or under accusation of crime (except by a his labours, and shall now add some ex. judgment of one of the Courts), without the tracts showing the constitution of the Courts sanction of the bailiff, or of a jurat authorised at Jersey and the mode of administering can be held without his written order ; and
by him for that purpose ; no coroner's inquest justice there, which we conceive will be in- no theatrical performance of any kind can take teresting to our readers.
place without his permission. " The Royal Court of the Island of Jersey is
"The salary of the bailiff is very moderate. composed of the bailiff and of 12 jurats. Then He receives 300l. per annum from the Crowa, there are the attorney-general, the vicompte or out of the Crown revenues in the Island, and sheriff, the solicitor general, the greffier or the remainder is made up by fees. The amount clerk of the Court, six advocates, and two dé- derived from the office may altogether be about nonciateurs. The Bailiff is the chief justice of 8001. annually." the island. This office is of very ancient Norman institution. The name is probably
“The Jurats are twelve in number, and are derived from the Latin word bajulus, which elected by the people. They are called jurés signifies protection. The bailiff is therefore, justiciers, or sworn justiciars. According to according to Loyseau, un juge de protection. the constitution, they are to be natives of the There is something peculiarly happy and ap- Island, and chosen from their love of justice, propriate in this view of the office. To protect their knowledge of the laws and customs of the poor against the exactions and oppressions their country, and their loyalty to their soof the powerful, to bring the fendal seigneurs vereign. The office is for life; nor can a jurat in subjection to law, to substitute right for resign without the express sanction of her Ma. might, and to administer justice impartially to jesty in Council.” all, were among the chief objects of the creation of bailiffs.
"The attorney-general, the ricomte, and the "The nomination of the dailiff rests with the solicitor-general are appointed by the Crown. Crown. The office has usually been given for They each receive a fixed salary from the life, but it is now durante bene placito. The Crown revenues. That of the attorney-genebailiff has the right of appointing a lieutenant ral is 100l. per annum, the vicomte has the bailiff, who acts in his absence, and who is same salary, and the solicitor-general receives bound by a similar oath.
50l. per annum; but the attorney-general " The bailiff is the president of the Court, but and the solicitor-general are allowed to prache does not constitute the Court. He must be tise as advocates in all cases in which the assisted on the bench by two jurats in ordinary Crown and the public are not concerned ; cases; by three, in matters relative to real and the vicomte receives annually a large property; and by at least seven jurats, as a sum from fees. full Court, in cases of appeal; or in criminal
“The institution of the offices of Procutrials, by the grand jury, or grande enquête.
reur-Général and Avocat Général is very an"The office of bailiff is one of influence and cient. From the trust and confidence which importance. He is not only the president of are to be reposed in them, and from the imthe Court, but, ex officio, president of the portant nature of their duties, the procureur. States, or Legislative Assembly of the Island. général and the avocat-général should be The States can be convened only by him with men possessed of judgment and moderation, the sanction of the governor ; but he is bound of great legal acquirements and experience, to call a meeting of that body when requested and of great knowledge of the world. Their
opinion should carry great weight; and the ! It is perhaps not too late to supply this procureur is often called upon to state his deficiency.
views, particularly in criminal proceedings.
Review: Le Quesne's Constilulional History of Jersey -- Law of Costs. 311 He is always to be listened to with deference official part in the proceedings, except as his by the Court, and his opinion is to be seriously assistant.” considered. He is, from his office, public prosecutor. No individual is allowed to prosecute “ The Greffier is the clerk of the Court, and for crime, except the attorney-general, on be also of the States. The office is one of trust half of the Crown. All reports of the police to and responsibility, as the greffier is the keeper the Royal Court are to be presented through of the records. He should be well versed in him, and the accusations against prisoners, the laws of the land, and in the practice of the in consequence of those written reports, are Court. It often occurs in an action for debt brought forward by him. He is often con that the parties are sent before the greffier sulted by the police in matters of difficulty,' by the Court to make their statements and and they are guided by his instructions. He counter-statements; the defendant to adduce inay at any time before the trial by, a jury his objections to the clai:n, and the plaintiff abandon a prosecution for crime, if he believes his reasons for making it; and the greffier the evidence to be insufficient in support of makes a report of the whole to the Court. the accusation. He is the upholder of public The greffier in these cases is called le Greffier order, and can prosecute for all crimes and Arbitre. misdemeanors. 'l'here is no expense attending “ The advocates are appointed by the bailiff, a public prosecution. The attorney-general and the number is limited to six. They not prosecutes in virtue of his office; the prisoner only take tbe oath of office on their admission inay select his counsel, or counsel will be ap- to the Bar, but they repeat it twice a year at pointed for the defence, by the Court, without the Assize d'Héritage. They are bound to any charge or gratuity. The parties under ac- plead gratuitously for the poor, et personnes cusation have therefore every assistance which indéfendues ; and every person brought before they can require, and crime is prosecuted with the Court under accusation of crime has the out any expense to individuals or to the public, advantage of being defended by an advocate.” and without any feeling of bitterness on the part of the prosecutor. The dignity and the empire of law are thus maintained, and the
LAW OF COSTS. prisoner has every guarantee of a fair and impartial trial. When a verdict is given by a OF THE DAY, WHERE NEITHER PLAINTIFF jury, whether of acquittal or guilt, the attor
NOR DEFENDANT APPEARS. ney-general draws his conclusions, as it is
Notice of trial was given for the Assizes, termed, or states his opinions to the Court, that in the former case the prisoner be dis- but when the case was called on, the plaintiff's charged, and in the latter what punishment clerk, who was in attendance, did not either he considers should be inflicted. "The Court proceed with the cause or withdraw the record, never pronounces sentence without having and no one appearing for the defendant, the previously heard the procureur-général; and it is invariably stated, in the judgment of the cause was struck oui. Court, that sentence is pronounced 'après que
On a rule nisi being obtained to set aside the le prisonnier a été entendu en toutes ses rai-, side bar rule obtained by the delendant for the sons et allégations par le moyen de son avocat, taxation of his costs of the day, Pollock, L. C. et le procureur-général a été oui.'
“'The Grande Enquête du Pays, which is the B., said, “The question in this case was, whejury of appeal, is composed of 24 men, who ther the defendant is entitled to the costs of are chosen and summoned by the procureur- the day for not proceeding to trial, where général. The prisoner may challenge any of neither the plaintiff nor he attended, in pursuthese jurymen ; but still the selection of them
ance of the notice of trial, in consequence of should not rest with the attorney.general, who is the public prosecutor. The duty is per
which the cause was struck out. We are of formed with great impartiality and fairness, opinion that, under these circumstances, the but the principle of selection is vicious. defendant is not entitled to such costs. Our
" The presence of the attorney-general or judgment is founded upon this short ground, solicitor-general is necesary at every meeting that it was entirely owing to the defendant's of the Royal Court and at a coroner's inquest. In the latter case the vicomte is the coroner ; own fault that any useless costs were incurred, but the attorney-general is the person who in- for if he had duly attended at the trial he might quires into all the facts of the case, and who have nonsuited the plaintiff. But as he was examines the witnesses, and a report is made by the vicomte to the Court of the proceedings not in attendance, both parties are in pari deand of the verdict of the hommes de la levée licto; and the person who is equally in fault de corps.
with the other side cannot ask the Court for “ The duties of the solicitor-general are costs which are the consequence of the neglect subordinate to those of the procureur. In the absence of the procureur the avocat-général
in which he concurred, and which was the replaces him as stipulant l'office du procureur cause of the mischief whereof he complains. général; but in his presence he can take no A case was cited by the defendant's counsel of
Law of Costs.-Exclusion of Attorneys as Justices of the Peace. Allott v. Bearcroft, 4 D. & L. 327, on which / scarcely did any business out of the Superior I remarked during the argument, that the Courts, and were in his mind eminently qualiquestion whether the party was entitled to costs fied to act as magistrates. was not then before the Court; and what the
Mr. Rice suggested that the exclusion should learned Judge is reported to have said, viz., be confined to those who actually practised bethat if the defendant could show that any fore the county magistrates. costs of the day have been incurred in conse: Mr. Hadfield said, that such course was exquence of that default, he ought to bave them,' actly that sought for by the petitions he had could hardly be taken to have reference to a presented from the Yorkshire Law Societies. case in which the default was one in which the Unless the knowledge of the duties of an defendant himself participated. The case of office was a disqualification for filling it, no Newton v. Chaplin, 7 C. B. 774, was relied persons were better qualified for the magisupon by the plaintif`s counsel, where the tracy than the members of the Legal Profes. Court of Common Pleas apj ear to have thought sion. Since the Municipal Act, no fewer than a plaintiff not entitled to the costs of the day 300 Solicitors had been appointed as Mayors when he had not appeared. There, a special for the several boroughs, and the manner in jury had been obtained by the defendent, the which they had discharged their duties was an jury were nominated and reduced, and the unequivocal proof of their fitness. cause was called on; but no special jury being Mr. Bankes said, if the exclusion were rein attendance, the cause was struck out. The tained, it should be in a manner that did not plaintiff applied for a rule calling on the de- cast any reflection on so numerous and respecfendant to show cause why lie should not pay table a class of persons the costs of the day, imputing to him negligence Mr. Ewart reinarked, that in Scotland there in not insuring the attendance of the jury. The was no such disqualification for the magisCourt thought that the plaintiff mnight have tracy, except as to practitioners in the Inferior summoned the jury himself; but, at all events, Courts. that he ought to have appeared at the trial. It Mr. Laslelt said, he should be wanting in is not necessary to make any further reference the performance of his duty, did he not raise to the cases ; for if the defendant had been lis voice in favour of the right of the Profespresent at the trial, the costs he now seeks to sion in which he once practised, to take a recover would not have been thrown away. share in the magistracy of the country. The rule must, therefore, be absolute to discharge the side bar rule.” Morgan v. Ferny- Besides the Yorkshire petitions, another was hough, 11 Exch. 205.
presented from Liverpool, of which we subjoin
a copy :EXCLUSION OF ATTORNEYS AS To the Honourable the Commons of the United JUSTICES OF THE PEACE.
Kingdom of Great Britain and Ireland, in
The Petition of the Practising Allorneys and In the debate on the second reading of this
Solicitors constituting the Liverpool Law
, veral Members spoke in favour of the fitness That your petitioners observe with regret, of Solicitors to act as Justices of the Peace in that iu à Bill recently introduced into your counties as well as boroughs.
Honourable House to amend the Law relating
to the Qualifications of Justices of the Peace, a Mr. Bass approved of the Bill generally, but clause is proposed declaring, that no Attorney', was opposed to one of the clauses which ex- Solicitor, or Proctor in any Court shall be cacluded Solicitors and Attorneys from the Com- pable of being a Justice of the Peace for any mission of the Peace. No such exclusion county, riding, or division, during such time existed in the borough magistracy, and ought Solicitor, or Proctor.
as he shall continue to practise as an Attorney, not be allowed in that of the counties. They That the Legislature has long since allowed were a class of men every way suited for the the appointirent of Allorneys and Solicitors as proper discharge of the mugisterial duties. Justices of the Peace for any city or town being Persons, however, who were themselves prac. ing Justices of the Peace within their respec
a county of itself, or for any city or town havtising at Petty Sessions should not be appoint. tive limits and precincts, by charter, cominised, but there was a class of gentlemen who sion, or otherwise.