This is a translation
of the
Loi (1891) sur la cour pour le recouvrement de
menues dettes
(Chapter 07.210)
as in force on 1
January 2019
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.
LAW (1891) ON THE petty DEBTS COURT
A LAW on the Court for the recovery of
petty debts
CONSIDERING that it is desirable for
solicitors of the Royal Court to be able to represent their clients directly
before the Petty Debts Court, and that they are not given the ability to do so
by the [Law of 1853 establishing the Petty Debts Court][1]
–
Article 2
The Judge shall sit in a place designated by the States, to hear and
decide cases.
Article 12
A witness duly summoned, who does not appear on the relevant day,
without giving a sufficient excuse, shall be liable to a fine of level 3 on the
standard scale, and to the costs of his or her arrest and the costs occasioned
by his or her absence.
The case shall be adjourned to another day and the parties and witnesses
shall be warned to appear on that day, on pain to them of the costs and
penalties set forth in the first paragraph of this Article.
Article 14
In giving judgment, the Judge may order full payment of the amount on a
particular day, or payment of the amount in several sums at different
times. The Act of Court must give the plaintiff the option, in the absence
of payment on the due date, of seizing and selling the movable property of the
defendant.
Article 15
Any creditor may, by virtue of a Provisional Order issued under the
authority of the Magistrate, cause the movable property of his or her debtor to
be distrained on, to be applied towards the payment of a debt the recovery of
which is within the jurisdiction of the Petty Debts Court, provided that the
amount of the debt exceeds the sum of £25. The provisions of this
paragraph are without prejudice to the other provisions of this Law and
the Law (1867) on the Petty Debts Court.
The following may not be distrained on for the payment of debts
recoverable before this Court:
The bed and the necessary clothes of a debtor and the debtor's children
living with him or her;
The tools of a craftsman, needed for his or her trade;
Books relevant to the debtor's profession up to the value of £5, at his
or her choice.
Article 16
The decisions of the Judge shall be recorded in a book kept for this
purpose by the Judicial Greffier.[2]
Article 17
No one shall be required to employ an advocate to plead in this Court.
No one may plead the case of another in this Court, except His Majesty’s
Attorney General or Solicitor General, or an advocate or solicitor of the Royal
Court.
Article 18
Article 19
The Judge may grant a sailor a Provisional Order for the seizure of a
vessel, when the vessel is about to leave the Island and there is insufficient
time to proceed by writ or by summons.
Article 22
The Judge may administer oaths or cause oaths to be administered to
parties, to witnesses or to other persons who appear before him or her.
The Judge shall have the same power when questioning parties and witnesses as
the Royal Court and he or she shall follow the same rules. Whoever swears
a false oath before the Judge shall be liable to the penalties that apply to
the crime of perjury.
[1] The words in brackets are an
abbreviated translation of the French text which reads: “l’Acte établissant
une Cour pour le recouvrement de dettes n’excédant pas dix livres sterling,
passée par les États l’an 1852, le 16e jour d’août, et confirmé par
Ordre de Sa Très Excellente Majesté en Conseil le 29 décembre 1853”.
[2] ‘Commis-Greffier’ in the
French text. This is now construed as a reference to the Judicial
Greffier: see Articles 5(3) and 11 of the Departments of the Judiciary
and the Legislature (Jersey) Law 1965.