Sept. 1698, sent to Jersey, and founded upon the opinion of the then Attorney General, Sir John Trevor, which positively states, that it is not necessary that such Acts should be registered to make them obligatory; and that the registration is only for the convenience of the Island, that they may have notice of what acts are made in England to bind them. But a recent Order in Council, bearing date 7th May 1806, will, it is likely, lay this question at rest for ever, as it therein asserted, upon report of His Majesty's law officers, that the registration of an Act of Parliament is not at all essential to the operation thereof, and that his Majesty's subjects in the Islands of Guernsey are bound by law to take notice thereof, though no registration should take place, as was determined in the Court of Exchequer in 1772-[See Acts of Parliament, their registration not essential.] THE STATES. The exact period of the formation of the States, (says Mr. Durell) is unknown, though undoubtedly very ancient. They are recognised to have been such as they are now in the Ordinances of the Royal Commissioners Pyne and Napper in 1591, but they existed in their present form long before that time. Some times, however, the States contained all the notables of the Island, and it is perhaps owing to that circumstance, that they are now called in the Records the Commun Conseil de l'Isle. In 1545-6, Feb. 10, one of those meetings took place in Trinity Church, to take into consideration a letter from the Governor, the Marquis of Hartford (Duke of Somerset.)* On the 6th of October, 1554, a meeting of the States is styled Justice et tous les Estats et Commun Conseil de ceste Isle. Its proceedings were important as being a defence of their privileges. The States met in June 30, 1546, in the heading of which are recorded the names of all the absent members. A few years afterwards, December 30, 1553, Richard Payn, Rector of St. Ouen, was fined for his non-attendance in the States. But not to multiply very ancient examples, one more will *The States met on the 19th of October, 1542, and did already, as they do at this day, contain a full heading, or denomination of all the members. suffice. The Heading of the States of the 24th of January, 1587-8, only a little more than three years and a half before Pyne and Napper, was the very same as at this day. It results therefore in substance, that the present constitution of the States had existed long before Pyne and Napper, and that, it appears from the earliest Records that they exercised some legislative power. The Court however did the same, so that the Island till 1771, presented the anomaly, of having simultaneously two separate legislative bodies. Some of the headings of the States merely name the Jurats, and then add generally, the Common Council of the Island, and there is still extant an Order of Bailly Herault in 1618, to summon the States to advise the magistracy, (pour conseiller la Justice.) The Assembly of the States of the Island of Jersey (as now constituted), is composed of the Bailiff, and the twelve Jurats of the Royal Court, who sit as members of the Legislature by virtue of their office, as the Judges do in the house of Lords; the twelve Rectors for the time being of the twelve parishes in the Island, who may in this respect be assimilated to the Bishops; and twelve Constables of the said parishes, elected by the rated inhabitants, somewhat like the members of the Commons house of Parliament. The Lieutenant-Governor of the Island who represents the Queen, is also a member of the States, has also the right of speaking, and has the power to place his veto upon all such enactments as he may think affect the prerogative of her Majesty, but has no vote; and the Attorney and Solicitor-Generals, and the Viscount, or rather his Deputy, sit as Members, but like the Governor have no vote, though the two former may speak. The States have no regular periods of meeting, but may be assembled by the Governor, or by the Bailiff, with his consent (Order in Council of 1618 and 1619), and dismissed at the pleasure of the President: But if the Bailiff and Jurats shall require an assembly of the States, he is bound not to postpone it beyond fifteen days, excepting he shall have cause for so doing, which he must report to the Lords of the Privy Council, as soon as possible, wind and weather permitting. They are summoned by the Sheriff or Denunciators; and their deliberations have recently been made public. The Bailiff or Chief Magistrate of the Royal Court of the Island, whose office is in the gift of the Crown presides in the Assembly, conformably to orders issued in the reign of Henry the 7th, and James the 1st., and is in fact the Speaker, or Prolocutor, and has a casting vote in their deliberations; as also the right of restraining the force of their enactments by his dissent. He, or in his absence, the Lieut. Bailiff collects the votes, but if either the Bailiff or his Lieutenant, should die, the other being absent from the Island, the Governor or his Lieutenant presides the meeting, until a Judge Delegate is chosen, who on being sworn, takes the chair and presides the sittings of the States until the vacancy is filled. The twelve Jurats of the Royal Court are elected for life, by those who are assessed to the public rates of the said Island, at general elections. The twelve Rectors of the twelve parishes in the Island, whose livings are in the gift of the Crown, sit as members of the States for life; and the twelve Constables sit for three years from the date they are sworn into office : they are returned one from each Parish in the Island by the tax-payers, at Parish Elections holden for that purpose. The Assembly must be composed of seven of each body (at the least), unless on very urgent occasions, but a bill has recently passed the States, providing that twenty-four members, without regard to the body they belong to, shall be competent to proceed to business. In case of absence, he whose excuse is not allowed is fined, but the fines are never levied on the defaulters. In these meetings, accounts of the public receipts and expenses are stated and audited: differences arising about the disposal and administration of the Church Treasuries, are examined and determined: works proposed to be done for the common benefit are maturely weighed and considered, and money raised for the public service; but the States are not competent to pass any Bill for the levy of Duties and Taxes, without the permission of the Crown, first had, and obtained. [See Duties and Taxes.] Deputies are appointed to carry grievances to the Queen. Ordinances against profaners of the Sabbath, blasphemers, swearers, drunkards, and disorderly persons are ed, &c., &c. The States have also the power of enacting, repealing and amending any provisional Laws relating to any subject matter in the Island, provided, however, that no such enact 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. 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 C |