This is a
translation of the
Appels à
Sa Majesté en
Conseil Order in Council 1835
(Chapter 07.020)
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
ORDER IN COUNCIL relating to the bringing of Appeals, dated
15th July 1835.
At
the Court at St. James's.
The 15th of July, 1835.
Present :
The
King's Most Excellent Majesty.
|
Archbishop
of
|
Viscount
Palmerston,
|
|
Canterbury,
|
Viscount
Melbourne,
|
|
Lord
President,
|
Viscount
Howick,
|
|
Lord
Privy Seal,
|
Lord
Auckland,
|
|
Lord
Chamberlain,
|
Lord
Glenelg,
|
|
Marquis
of Winchester,
|
Mr.
Poulett Thomson,
|
|
Earl
of Albemarle,
|
Sir
John Hobhouse, Bart.,
|
|
Lord
John Russell,
|
Mr.
Chancellor of the Exchequer.
|
WHEREAS, by an
ancient Rule for regulating the hearing of Appeals to His Majesty in Council
from the Islands of Jersey and Guernsey, such Appeals are directed to be heard
between the beginning of Easter and the end of Trinity Terms in every year, and
the Respondents to such Appeals have hitherto been accordingly summoned to
appear and answer the same within the above-mentioned time in the current or
ensuing year, as the case might require ; and whereas the said Rule is
productive of unnecessary delay in bringing the aforesaid Appeals to a hearing,
and it is expedient that the same should be revoked, and that the Respondents
to such Appeals should henceforth be summoned to appear and answer the same
within the time, and that such Appeals should be heard in the manner
hereinafter mentioned.
His
Majesty is therefore pleased, by and with the advice of His Privy Council, to
order, and it is hereby ordered, that from and after the date of this Order the
aforesaid Rule and also all other rules, orders, usages, and practice with
respect to the hearing of Appeals to His Majesty in Council from the said
Islands or the summoning of the Respondents thereto, now in force and in
anywise repugnant to or at variance with this present Order, be, and the same
are hereby revoked, abrogated, and annulled. Provided nevertheless, and it is
hereby further ordered, that nothing herein contained shall affect the time
limited for the appearance of any party by a summons already issued in any such
Appeal as aforesaid.
And
it is hereby further ordered that, from and after the date of this Order, all
Appeals to His Majesty in Council from the said Islands shall be subject to the
same regulations as to setting down for hearing and being heard as shall, from
time to time, be in force with regard to Appeals to His Majesty in Council from
His Majesty's Plantations and Colonies abroad.
And
it is hereby further ordered that henceforth, in all Appeals to His Majesty in
Council from the said Islands, the Respondents thereto be summoned by the
proper Officers of the said Islands respectively to appear and answer the said
Appeals within forty days from the said Respondents being so summoned.
And,
lastly, it is hereby further ordered that this Order be registered in the Royal
Courts of the said Islands of Jersey and Guernsey, and that the Bailiffs and
Jurats of the said Royal Courts, for the time being, do respectively give the
necessary directions for that purpose.
C. GREVILLE