The Press.
London, England, 1854-01-07 00:00:00

Yalu anb Volta.

AN IMPORTANT QUESTION, affecting the jurispru-
dence and defining the authority of the legal tribu
nals in Jersey, has just been decided by the Queen
in Council. The process out of which this decision
has resulted engaged the Committee of the Privy
Council for many days during December last, the im-
mediate issue relating to the prerogative of the Crown
in issuing certain orders iu Council for remedying
evils complained of both in the civil and the criminal
administration of justice in the island. The mem-
bers of the Committee before whom the cause was ar-
gued were the Lord Chancellor, Lord Palmerston,
the Chancellor of the Duchy of Lancaster, Lord Jus-
tices Knight Bruce and Turner, the Judge of the
Admiralty Court, Sir J. Patteson, and Sir E. Ryan.
The following is a brief outline of the case :

On the 11th of February, lira, three separate orders were is-
sued by the Queen in Council :—let. For establishing a court
for taking preliminary proceedings in criminal cases, and for
summary jurisdiction; 2nd. For establishing a civil court [Jr
summary jarisdietiou, for the more easy recovery of small debta ;
3rd. For the establishment, in the town of St. Helier and its
vicinity, a new police, in lieu of the existirg force. These orders
were transmitted to the Lieuteuaut-tiovernor of Jersey by the
Home Secretary, who directed that they should be registered
aoeording to the usual and proper form, so that they might at-
tain the force of law. The Lieutenant-Governor duly transmitted
the orders to Sir Thomas I.e Breton, bailiff a►d president of the
States of the island of Jersey, that he might communicate them
to the Assembly. The States, however, refused to register the
enters so as to give them the force of law, but registered them
only provisionally, which had the effect of suspending their ope-
-1 atioll ; and then proceeded to pass certain acts, subject to the
approval of the Queen In Council, which acts related generally
to the subject-matter of the royal orders. The Assembly after-
wards presented a petition to her Majesty in Council, praying
the recal of the three orders of the 11th of February, and that
the bills which they had passed should receive the royal sanction.
They contended that these acts were strictly in harmony with
the wishes of the inhabitants, and submitted that, iteAvutting to
the constitution of Jersey, her Majesty was not empowered to
pass any laws, or impose any taxes on the people of that island,
without the concurrence of the States, the legally eoustituted
legislature of the island. They asserted, as a broad principle,
that the exclusive authority competent to tix or change the mu-
nicipal law lu the island was vested in the states, representing,
by their three orders of jurists, clergy, arid oolvatables, the whole
community, as the propounding power, over which her Majesty
was the supremo go temor, and that, as the Queen could not tax
the people of Great Britain without the consent of her Parlia-
ment, so could she not tax the people of Jersey without the con-
sent of the States, the existence of which as • legislative body
bad been recognised by various charters from time immemorial.
They, however, admitted that they could not enact laws or im-
pose taxes, except upon extraonlivary emergencies, such as for
the defence of the island, without the sanotiou of the Queen.
On the other side it was alleged by certain inhabitants, who
petitioned in favour of the orders of the Queen in Council, and
against the hills passed by the States, that this body had never
in such matters more than a concurrent jurisdiction with the
Crown, which in all cases had the power—although in some not
the exclusive power—of originating legislative measures for the
island of Jersey. They further contended that, when the Crown
had exercised its power, and issued an order in Ccuncil in the
nature of • legislative enactment applicable to.lersey, it was the
duty of the States to register it, and that they could not lawfully
refuse to do so. While admitting that the Stateshad a right to
make temporary, the petitioners denied their power to make per-
manent, laws. It was urged that the six hills passed by the
States, with the view of substituting them for the orders in Cowl-
eil, were most objectionable, for they not only retained many of
the most serious abuses mid defects which the orders in Council
were designed to remove, but would, if they acquired the force of
law. neutralise the reforms and improvements which they pur-
ported to introduce.

During the inquiry some curious revelations were
made relative to the administration of justice by the
Royal Court of Jersey. It was shown that, according
to the mode of procedure in that court in civil cases,
the defendant might, if litigiously inclined, so act
that it would be impossible for the plaintiff to obtain
judgment for a small sum, such as 51., under twelve
months ; and if an appeal were made the period oc-
cupied in recovering such a debt would be from two
to three years. Instances were cited to show that,
where 10/. or 12/. were involved, judgment had not
been obtained for four or five years. The petitioners
prayed that a Small Debts Court might be estab-
lished without the power of appeal, and with a pro-
cess similar to that which existed in this country.
The mode of administering criminal justice in the
island was also impugned, as involving most unne-
cessary delay. The formalities observed in trying
criminal cases are somewhat singular. In the first
instance the preliminary evidence is taken down, and
this lasts for some weeks, during which the accused
is kept in prison. He is then brought before a jury
d' inditentent, or jury of policemen, who do not hear
oral testimony, but to whom the written evidence is
read over. The majority of this jury rule the ver-
dict, and in the event of its being against the accused
he is brought. before a jury called a jury grand indite,
composed of twenty four persons possessing certain
qualifications, and by their verdict the case is finally
disposed of. The petitioners concluded by praying
their lordships to advise her Majesty to give effect to

the orders issued by the Queen in Council, and to
command the States to establish a court for the

recovery of small debts amounting to 151., and to
frame other acts whereby the power of preliminary
investigation into criminal offences, and of conviction
for minor offences, might be vested in a court per•
fectly independent of the Royal Court. In the re-
port finally presented by the Lords of the Privy
Council to the Queen they recommend that the orders
petitioned against by the States may be recalled.
This is, in effect, tantamount to a recommendation
that the petition of the States may be complied with.
Her Majesty has been pleased to confirm the report,
which will take effect accordingly.
THE CHARGE OF MANSLAUORTER was laid against
three Russian sailors who had killed a man named
Bresnahan in a scuffle at Deptford. They were tried
at the Central Criminal Court on Wednesday. Ori-
ginally the prisoners had been eommitted for wilful
murder under a coroner's verdict, but the grand jury
ignored the bill involving the capital charge. Their
names were Henric Gustav Itruncl, Andres Akoli,
and Eric Gustav Kronholin

It appeared that the priaottcrs belonged to a Maslen vessel
which, at the time the is enn-once happened, was lyliqt off he t•
ford, and that at a late hour, elicit they were walking in lb.
town, as they were passing some wrwteu standing at the corner
of a street, they made sonic remark to them which gave offence
to the deceased, llruanshan, alto asked the prisoners abet they
meant by speaking to the women. Au altercation took piece Ist-
tween the partite, all of whom had been drinking ; blows were
exchanged, and Ilruanaban, together with another man who
went to his assistance, was ktusled down by some of the pri-
soners. The struggle coati and at length the unfortunate
di-reamed received a stab from a knife, which indicted mortal in-
jury, and the Other 111411, Stlllitfill, 1160 was seriously wttim.lr,l hr
the name instntment. It wits perfectly clear that the deceased
received the fatal injury front some of the prisoners, but there
was no evidence to show which war the hand that actually dui
indict IL

Mr. Baron Pt-vrr inquired if there was any evii
denco to show how the matter began ? Mr. Iltsikin
said there was not. It was a sudden affray, no doubt.
The learned JUDOS expressed his opinion that the
charge of manslaughter could not be established.
There was nothing to show that the prisoners had
combined together to do any illegal act, which alone
would render them all responsible for au act com-
mitted by one of the party, anti there was no evidence
to show by whose hand the fatal injury was inflicted.
The jury consequently returned a verdict of Not
Guilty, and the prisoner's were immediately dis-
charged.
A Iik.VOLT/NO CASE OF CRUELTY, perpetrated on an
infant of fifteen months old, was investigated on
Tuesday at Southwark Police Court, when George
Denton, a joiner, and a young woman who bad
passed for his wife, were charged with breaking the
poor child's arms, burning and otherwise illtreatiug
it. Some neighbours who lived in the same house
first discovered the conduct of the defendants, being
attracted to their room by the incessant screams of
the infant, and horrified at the spectacle it presented,
and by the tales told by a girl whom the inhuman
parents bad engaged to attend upon it in their ab-
sence. The evidence of these parties being heard,
the child was exhibited to the magistrate, and caused
the greatest indignation among all persona in
court. It was a mere mass of skin and bones hud-
dled together, and so weak that it could hardly open
its eyes, and at the least motion or touch screamed
bitterly. Mr. Odling, a surgeon, stated that he bad
inspected the child at the request of the police, and
found both arms broken. No care bad been taken of
the fractures, though they had been done some time,
as the bones were not in any way united. There
were also burns on the left leg. The male prisoner
said it was all false what the girl had stated against
him. The female said the child fell down and hurt
itself, and she took it to a doctor's and to Ony's Hos-
pital, where she was supplied with lotion and ban-
dages which she had u.,ed. Mr. a Beckett remanded
the man, allowing the female prisoner, against whom
the evidence was less direct, to go at large on her
own recognisances. -

THREE MEN, named Bell, Baldwin, and Bowan,
employed to fold papers at the office of the Wesleyan
Times, were tried at the Central Criminal Court on
Tuesday for stealing twenty-seven copies of that
journal. Their employers had been robbed to a con-
siderable extent, and, a watch being kept, the pri-
soners were detected in putting a whole quire of un-
folded papers into a bag and carrying them off among
the lot intended for post. They were all found
Guilty, but. sentence was respited until next hession,
in the hope of discovering the still more guilty parties
by whom the stolen newspapers were purchased.
The trade in these pilfered journals is known to be
carried on extensively in the neighbourhood of St.
Martin's-le-Grand.

MESSRS. LAMBERT, goldsmiths in Coventry-at., have
missed, as they estimate, more than 4,000/. worth of
property out of their stock. The defalcation was not
suspected before the disappearance of Simmons, a
shopman who had been twenty years in their service,
and latterly received 2(K)!. a year salary. He left
business suddenly on the sth of December and never
returned; but having been apprehended was brought
up for examination at Marlborough-street Police
Court. A long list of missing articles was produced,

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