Court of Chief Pleas (Guernsey) Law, 2004

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PROJET DE LOI

ENTITLED

 

The Court of Chief Pleas (Guernsey) Law, 2004

 

THE STATES, in pursuance of their Resolution of the 28th day of July, 2004[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Island of Guernsey.

 

Sittings of the Court of Chief Pleas.

1.      From the date of the commencement of this Law -

 

(a)      the Michaelmas sittings of the Court of Chief Pleas shall take place as before, and

 

(b)      the January and Easter sittings of the Court of Chief Pleas shall not take place, unless the Bailiff considers it necessary or desirable for the sitting to take place for any purpose;

 

and paragraphs (a) and (b) are without prejudice to the Court of Chief Pleas sitting at any time extraordinarily for any purpose.

 

Business of the Court of Chief Pleas.

2.      The matter of receiving the annual report of the Public Services Department on controlled streams, pursuant to the Loi Relative aux Douits, 1936b[b], as amended, formerly dealt with at the January sitting of the Court of Chief Pleas, may be dealt with by the Royal Court.

 

Removal of requirement for Seigneurs to do homage, etc.

3.      All duties and rights of the Seigneurs, including any duty or right to attend to pay suit of court or do homage, in connection with any sitting of the Court of Chief Pleas which, pursuant to the provisions of this Law, does not take place, are abrogated in respect of that sitting.

 

Orders of Royal Court as to sittings of Court of Chief Pleas.

4.      (1)      The Royal Court may by order -

 

(a)      direct that any matter dealt with at the Michaelmas sitting of the Court of Chief Pleas may be dealt with by the Royal Court,

 

(b)      prescribe the formalities attendant on any ordinary or extraordinary sitting of the Court of Chief Pleas, including any duty or right of any person or class or description of persons to attend or otherwise participate in the proceedings, and

 

(c)      amend the provisions of the Schedule.

 

(2)      An order under subsection (1) -

 

(a)      may be amended or repealed by a subsequent order hereunder,

 

(b)      may contain such consequential, incidental, supplementary, transitional and savings provisions as may appear to the Royal Court to be necessary or expedient, and

 

(c)      may make provision notwithstanding any enactment, customary rule or practice to the contrary.

 

Interpretation.

5.      In this Law, unless the context requires otherwise -

 

"Easter sitting" of the Court of Chief Pleas means the sitting of that Court on the first Monday after Easter Monday,

 

"January sitting" of the Court of Chief Pleas means the sitting of that Court on the first Monday after the feast of St Maur on the 15th January,

 

"Michaelmas sitting" of the Court of Chief Pleas means the sitting of that Court on the first Monday after Michaelmas on the 29th September,

 

"Royal Court" means the Royal Court sitting as a Full Court,

 

"Seigneurs" means the seigneurs and dames for the time being of the fiefs set out in the Schedule.

 

Citation.

6.      This Law may be cited as the Court of Chief Pleas (Guernsey) Law, 2004.

 

Commencement.

7.      This Law shall come into force on the date of its registration on the records of the Island of Guernsey.

 

SCHEDULE

Section 5

THE FIEFS

 

Fief de Blanchelande

Fief d'Anneville      

Fief de Sausmarez

Fief des Bruniaux de St Martin

Fief des Mauxmarquis

Fief des Bruniaux de Noirmont

Fief de Vaugrat

Fief des Philippes

Fief de Canelly

Fief de Fantôme

Fief des Rohais


[a]

Article IV of Billet No XII of 2004.

[b]

Ordres en Conseil Vol. X, p. 419.





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