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![handle is hein.slavery/ssactsengr0298 and id is 1 raw text is: JERSEY BAR, Ir RE, THE [1859]
[263] ON PETITION FROM THE ISLA.ND OF JERSEY.
IN THE MATTER OF THE PETITION OF FRANCIS GODFRAY, ESQ., AND FOUR OTHER
ADVOCATES OF THE ROYAL COURT OF THE ISLAND OF JERSEY, AGAINST THE
CONFIRMATION OF AN ACT PASSED BY THE STATES OF THAT ISLAND, ON THE
7TH OF JULY, 1859, FOR OPENING THE BAR OF THE ROYAL COURT; AND IN
THE MATTER OF THE PETITION OF THE STATES OF THE ISLAND OF JERSEY FOR
A CONFIRMATION OF THAT ACT * [16TH DEC., 1859].
An Act of the States of Jersey for opening the Bar of the Cour Royale; hitherto
confined to six Advocates, confirmed by tile Queen in Council [13 Moo. P.C.
278, 279].
Compensation to the six Advocates of that Court, for consequent loss by reason
of throwing open the Bar refused [13 Moo. P.C. 278].
There were three petitions in this matter. The first petition was presented
by Francis Godfray and four other Advocates of the Royal Court of Jersey, praying
that Her Majesty in Council might be pleased to withhold the Royal sanction from
an Act passed by the States of the Island on the 7th of July, 1859, for opening the
Bar of the Royal Court; the second petition was by the States of the Island, praying
that the Act might be confirmed; and the third petition was presented by certain
inhabitants of the Island, [264] opposing the Act, and praying that it might not
pass in its present form.
The petition of Advocates set forth, that by the immemorial usage and custom of
the Island of Jersey, the number of Advocates of the Royal Court had been limited
to six; the right of nomination and appointment of such Advocates appertaining to
the Bailiff, the Chief Magistrate of the Island. That the office of Advocate was held
for life. That besides the six Advocates, Her Majesty's Procureur and Advocate-
General were at liberty to plead in civil causes, making the actual number of
practising Advocates eight. That by the law of Jersey no person could appear and
plead before the Royal Court in civil causes without an Advocate. That the Ad-
vocates of the Royal Court were obliged to plead gratuitously for all persons accused
of crime who had not the means of paying an Advocate, and in all civil causes for
poor and unprotected persons. That these duties were made obligatory on the Ad-
vocates by their oath of office, which they were required to take on their admission
to the Bar, and to repeat twice a year at the Cour d'Heritage. That if an Advbcate
failed to attend the Cour d'Heritage for four terms, which would occupy two years,
he lost his place, in the absence of sufficient excuse. That the Advocates did not
necessarily receive their instructions through an Attorney or Solicitor; but might
themselves see their clients without any such intervention, and might as of right,
and constantly did, act as Attorneys and Solicitors. That the scale of fees and
charges of an Advocate was fixed by practice, and the-charges were subject to be
taxed by the Court. That an Advocate [265] had a right of action to recover the
fees and charges due to him as well in his character of Advocate as when acting as
an gcrivai f, or Attorney. That on the 7th of July, 1859, the States of Jersey passed
an Act, which had been transmitted for the sanction of Her Majesty in Council,
having for its object to throw open the Bar to an unlimited extent. The preamble
and material sections of which Act in question were as follows:-
Considering that the interests of justice require the admission at the Bar of
all those who offer substantial guarantees of capacity.
That the monopoly of the profession of Advocate limited by considerations
other than those of capacity, is a bar to intellectual emulation, indispensable to the
useful exercise of that profession.
That the profession of Advocate being a public function, depending above all
Present: The Right Hon. the Lord President (the Earl Granville), the Right
Hon. The Lord Chancellor (Lord Campbell), the Right lon. Dr. Lushington, and
the Right Hon. the Home Secretary (Sir George Cornewall Lewis).
XIII MOORE, 263](ViewImageLocal?handle=hein.slavery/ssactsengr0298&div=1&collection=&method=preview&ext=.png&size=3)