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Application of Act to Channel Islands.
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77. With respect to the Channel Islands this Act shall be varied as follows:—
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(1) As respects the island of Jersey, the following provisions shall have effect:—
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(a) The term “county court” shall mean the court for the recovery of petty debts in all cases in which the claim or demand shall not exceed the sum of ten pounds sterling, and in all other cases the inferior number of the Royal Court of the said island, composed of the bailiff and two jurats of the said court;
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(b) The term “court of summary jurisdiction” shall have in civil cases the same meaning as the term “county court”;
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(c) All misdemeanours under this Act shall be prosecuted, tried, and punished in the form and manner prescribed by the law and custom of the said island with respect to crimes and offences (crimes et délits);
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(d) All other offences and all penalties under this Act shall be prosecuted and recovered summarily before the magistrate of the court for the repression of minor offences, in all cases of his competency, at the suit or instance of the [2
constable] of the parish in which the offence or other unlawful act shall have been committed, and in all other cases before the bailiff and two jurats of the Royal Court, at the suit or instance of Her Majesty’s Procurator-General for the said island;
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(e) All penalties recovered under this Act shall be paid to the officers who by the law and practice of the said island are entitled to receive fines levied by order of the said courts respectively, and shall by such officers be accounted for and paid to Her Majesty’s Receiver-General in the said island on behalf of the Crown;
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(f) The powers conferred under this Act on two justices shall be exercised by the inferior number of the Royal Court of the said island;
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(g) All proceedings under this Act in any of the courts of the said island shall be regulated according to the ordinary practice of such courts respectively, and all penalties shall in default of payment be enforced in the same manner as fines payable to the Crown in the said island;
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(h) The rules prescribed by the law of the said island with respect to appeals in civil and criminal cases shall be followed as to appeals from any orders, judgments or convictions made in cases of summary jurisdiction under this Act;
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(i) The term “the Companies Acts” shall mean the law for the time being in force in the said island for the regulation and winding up of companies.
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[1
(j) All industrial and provident societies within the said island shall be authorised to invest any part of their funds in the “Rentes Publiques” or in the States’ Bonds of the said island if they think fit.]
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(2) As respects the bailiwick of the island of Guernsey:—
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(a) The Court of Primary Instance within the bailiwick shall have all such powers and authorities as are by this Act conferred either on justices of the peace or on judges of county courts in England: Provided that a sentence may be appealed from if the case admits of an appeal, under the Orders in Council now in force within the bailiwick, but that the decision of the Royal Court when sitting in a body as a court of appeal shall be final;
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(b) When any sum of money becomes payable on the death of a member, such money shall, in default of any direction or nomination such as is contemplated by this Act, be paid to the deceased member’s legal representative, according to the law of Guernsey;
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(c) All industrial and provident societies within the bailiwick shall be authorised to invest any part of their funds in the States bonds either of Guernsey or Alderney;
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(d) The term “the Companies Acts” shall mean the law for the time being in force in the said bailiwick for the regulation and winding up of companies;
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(e) All offences and penalties under this Act shall be prosecuted and recovered summarily before the court of primary jurisdiction at the suit or instance of the law officers of the Crown, or of a constable of a parish;
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(f) All penalties recovered under this Act shall be paid to the Receiver-General, to be by him carried to the account of the Crown Revenue.
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[2 Substituted for “bailiff” by 57 & 58 Vict. c. 8. s. 2; see s. 4 of that Act.]
[1 Paragraph (j) added by 57 & 58 Vict. c. 8, s. 3; see s. 4 of that Act.] |
