The Jersey Law Review - October 2002
POSTSCRIPT
LEGAL NEWS
A JERSEY JUDGE AND HIS FEES – The straits to which Jersey officials, owing to the emptiness of the island exchequer, are driven for money have been repeatedly referred to in the Times. Last Saturday the Jersey Jurats sat as a Court of Admiralty, when they gave judgment in several cases against the South-Western and Weymouth and Channel Islands Packet Companies for harbour dues which both companies allege to be excessive and unwarranted, but which the States have determined to enforce. A characteristic conversation was originated by the Bench. Judge Le Montais asked why his fees had not been paid for attendance on the bench in the last South Western Steam Packet Company’s case. He added, “In all Admiralty cases we are entitled to 2s. fees.” The Attorney General (who appeared as counsel for the States): “I am not going to advance money for the public; I cannot get paid my own fees”. Judge Le Montais: “But the harbour-master should advance the money, he is continually receiving harbour dues.” The Attorney General said the money could not be advanced without an order from the Committee of Harbours. If the judges wished, he would apply to the committee, but unless provided by the committee with cash, he would not advance a single half penny for the public. Judge Le Montais: “But, the Greffier informs me his fees have been paid.” The Attorney General explained that his was made by mistake. He should not in another case pay the fees. The Greffier: “In that case the cause would not be inscribed on the list.” The Attorney General: “I will not advance money for the public.” Judge Le Montais: “The harbour-master must pay our fees.” The Harbour-Master: “You must make an order to that effect as my discharge.” Judge Le Montais: “You don’t want anything of the kind. Shall we not be in the States to vouch for the order we now give you?” The harbour-master assented. In order to appreciate the conversation fully, it is necessary to bear in mind that the judge, who seems apprehensive of losing his 2s., sat in a case equivalent to a Crown prosecution, and the insular resources are his security for the fees. The Attorney General, who declined to advance a half penny for the public, was at the time the advocate of the public, that is, of the States. Confidence in the future finances of Jersey, therefore, would seem at a low ebb.[01]