The Channel Islands were part of the Duchy of Normandy, and their laws are
mostly the ducal customs as set forth in an ancient book known as "Le
Grand Coustumier." Acts of the English Parliament do not apply to these
Islands unless specifically mentioned, and all causes are determined by
their own courts and officers. In Mr. Ansted's standard work on the
Channel Islands (revised and edited by E. Toulmin Nicolle, 1893), a long
chapter is devoted to the whole subject, and it is so complete and well
expressed that I venture without much alteration of phraseology to
summarise its leading points. Jersey and Guernsey have diverged greatly
from each other in their legal customs, and it is also curious to find
that each of the smaller islands possesses its own particular
constitutions and courts. The rights and customs of the "States," which
are an outcome of the mediæval Royal Court, have constantly undergone
modification and have been remodelled, but they retain many of the ancient
characteristics. The Bailiff (_Bailli_), or chief magistrate, is the first
civil officer in each island, and usually retains his office for life. He
presides at the Royal Court, takes the opinions of the elected Jurats, and
when their voices are equal has a casting vote both in civil and criminal
cases. The Bailiff is not required either in Jersey or Guernsey to have
had a legal education. He is appointed by the Crown, but has usually held
some position at the island bar. Formerly the advocates practising in the
court of Jersey were nominated by the Bailiff, and were limited to six in
number. In 1860, however, the bar was thrown open to every British subject
who had been ten years resident in the island, and who was qualified by
reason of being a member of the English bar, having taken a law degree at
a French University, and having passed an examination in the island. In
Guernsey the advocates are also notaries, and frequently hold agencies.
The judicial and legislative powers in Jersey are to some extent separate,
but in Guernsey they are intimately associated--a fact which accounts for
much of the difference in custom in the two islands.
Public-domain text, read in full here on John Shaqi.
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