Report of the Commissioners: Appointed to Inquire Into the Civil, Municipal, and Ecclesiastical Laws of the Island of Jersey (Classic Reprint) - Hardcover

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9780428876609: Report of the Commissioners: Appointed to Inquire Into the Civil, Municipal, and Ecclesiastical Laws of the Island of Jersey (Classic Reprint)

Synopsis

Excerpt from Report of the Commissioners: Appointed to Inquire Into the Civil, Municipal, and Ecclesiastical Laws of the Island of Jersey

The next evidence 0 the customary law is derived from judicial precedents. None are Precedents. Extant prior to 1503, in which ear, all the public Records are said to have been consumed by fire; but the regu ar series commences about twenty years later. The judicial Records of the Royal Court contain merely the pleadings (prétentions) of the parties, and the proceedings and decisions of the Court thereon. They are readily accessible to the lawyers of the Island at the Grefe, or office belonging to the Royal Court; but they exist only in manuscript, and no digest of them has been made. There is no system of ublished Reports such as exists in England, the demand in a small Reports do jurisdiction like Jirsey being too limited to make an undertaking of the kind remunera- not 011 tive. From the constitution of the tribunals, (except the Supreme Court of Appeal before Your Majesty in Council,) and the want of means of notoriety, judicial precedents are less consistent, and altogether of less weight than in England. The decisions of the Inferior Number of the Royal Court, (a tribunal the nature of which will be explained hereafter,) are, as we were told, not considered to be precedents for the future guidance of the Court in similar cases. It is obvious, however, that the course of practice before this tribunal cannot be without its influence, although upon many points no other and more strictly authoritative decisions may exist.

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