This is a
translation of the
Loi (1938) sur les honoraires des Jurés-Justiciers
(Chapter 07.420)
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 (1938) on Jurats’
fees
A LAW on the fees of Jurats
CONSIDERING that the fees to
which the Jurats are entitled in civil matters are at present payable in cash;
Considering that it is desirable to make provision in order that the
said fees can be paid by means of stamps and that the proceeds of sale of the
stamps be shared among the said Jurats;
Considering that the said fees are fixed by the Law [of 1872] regulating
the fees of the Jurats;
And considering that it is expedient to make provision enabling the
States to amend by Regulations the tariff of the said fees.
THE STATES, subject to the sanction of His Most Excellent Majesty in
Council, have adopted the following Law:
Article 1
(1)
The fees of the Jurats in civil matters are fixed by the tariff hereunto
annexed, and shall henceforth be paid by means of stamps of which the designs
and values shall be determined by the Finance and Economics Committee.
(2) The said
stamps shall be issued by the Treasurer of the States under the direction and
control of the Finance and Economics Committee.
(3) The said
stamps shall be affixed to each chargeable document, in accordance with the
tariff hereunto annexed, and this before presentation of the said document, and
they shall be cancelled by the persons specified to this effect by virtue of
the said tariff.
(4) If a
document to which a stamp has been affixed is not used, the person who affixed
the stamps may return the said document to the Treasurer of the States, who
shall reimburse to the person the value of the said stamps.
Article 2
It shall be lawful for the Jurats to exempt any indigent person from
payment of Jurats’ fees, and in such a case any document to which the indigent
person was liable to affix stamps in accordance with the tariff annexed hereto
shall be marked “Gratis” by the person responsible for cancelling the said
stamps in accordance with the said tariff.
Article 3
In a matter for which the tariff hereunto annexed make no provision, the
amount of the fees of the Jurats, as well as the mode of levying the said fees,
shall be determined by the Bailiff.
Article 4
The cost of administering this Law shall be met out of the General
Revenues of the States.
Article 5
(1) The
Treasurer of the States shall credit to a special account all sums received
from the sale of stamps issued by virtue of this Law and all sums reimbursed
under Article 1(4) of this Law shall be paid into the said special account.
(2) On 30 June
and 31 December in each year, or as soon as circumstances permit, the Treasurer
of the States shall prepare a statement of the said special account for the
preceding half-year, and the balance of the sums recorded in the said account
over the said half-year shall be evenly distributed among the Jurats, but
taking account of their respective periods in office during that half-year;
Provided that the total of the amounts paid during any period during
which the number of Jurats is less than twelve, as a result of the death or
resignation of one or more of their number, shall be distributed equitably
among the remaining Jurats.
Article 6
Anyone who forges a stamp issued under this Law or who knowingly makes
use of a counterfeit stamp, shall be liable to the penalties for forgery.
Article 7
The States may make provision by Regulations from time to time:
(a) to amend
the tariff hereunto annexed; and
(b) for
carrying this Law into effect.
Article 10
This Law may be cited as the Law (1938) on Jurats’ fees.
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TARIFF
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Definitions
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In this tariff,
the following words have these meanings, namely –
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‘Jurats’ Fees.’
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the fees payable for the services performed by
each Jurat.
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‘Chargeable document’
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The document to which the stamps must be affixed.
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‘Designated person’
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means the person responsible for cancelling the stamps.
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‘Greffier’
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the Judicial Greffier.
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ACTIONS BEFORE
THE ROYAL COURT
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Jurats’ Fees
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Chargeable
document
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Designated person
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For attendance in Court when the case is first called
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£5
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Billet
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Greffier
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For attendance in Court at the hearing of the case, each
day
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£10
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Billet
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Greffier
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ADMINISTRATION OF
AN OATH, AFFIDAVIT, WITNESSING OF A SIGNATURE
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For swearing each Affidavit which requires a party to
take oath
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£5
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Affidavit
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Jurat
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For witnessing the signature of a public official or
other person
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£5
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Document signed
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Jurat
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For witnessing the signature of a solemn declaration by a
party
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£5
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Declaration
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Jurat
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CONTRACTS
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For attendance and
signature of a contract –
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passed in public on the day fixed
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£10
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Contract
or Letters
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Greffier
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passed out of court, or at the home of one of the parties
(not including travel costs)
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£15
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Contract
or Letters
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Greffier
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COMMUNES, SALE OF
ALIENATION
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For the total of
sessions and attendances at the sale or disposal of a Commune or part thereof
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£10 per hour,
with a minimum of £50
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Application/Permission
to sell or dispose
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Greffier
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DELEGATES
(Capacity and Self-Determination (Jersey) Law 2016)
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For the hearing
of an application of a delegate to sell, exchange, charge, gift or dispose of
property of the person (“P”), such request being made in accordance with
conditions or restrictions laid down by the Court under Article 28(2) of the
Law of 2016
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£20
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Request to sell, etc.
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Greffier
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APPLICATIONS AND
REPRESENTATIONS TO THE ROYAL COURT
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For each application or representation made ex parte to the Court in the course of
proceedings
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£5
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Application or representation
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Greffier
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For attending Court for any subsequent hearing of such
application or representation, per day
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£10
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Application or
representation
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Greffier
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MINORS
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To examine land belonging
to a minor, with a view to the disposal of such land by virtue of the Law
(1959) concerning the sale of immovables of minors, including all attendances
and sessions
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£20
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Application to sell
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Greffier
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REMISES DE BIENS
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For all sessions, consultations and attendances in a remise of the property of a debtors
into the hands of the Court, including attendances at the sale and disposal
of the property in question, except the passing of the contract
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£10 per
hour,
with a minimum
of £50
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Application for
the remise
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Greffier
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Attendance to pass any contract relating to the sale of
the property of a debtor
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£15
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Contract
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Greffier
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