Prévôté consists of twelve persons. These serve for twelve years, if they live so long: but, in case of death, the place is filled up. The twelve hold, in rotation, the office of Deputy Prévôt for one year. There are also two Constables and two Deputy Constables, chosen by the Court. They are annual officers, the two who have been chosen as Deputy Constables for one year becoming Constables for the year following. The Procureur has an annual salary of 40l. The Contrôle has no salary; and that office at present is not filled up, the Procureur being the only Advocate in the Island. The jurisdiction of the Court of Alderney, in matters of a criminal nature, is confined to a preliminary investigation into the fact of crime. It may examine, and, if satisfied that the charge is without foundation, may dismiss the complaint; but it possesses no power of trial or punishment. When an offence is committed in Alderney, the party charged is apprehended by the Constable, and brought before the Judge and at least two Jurats. The witnesses are examined, and the interrogatoire of the prisoner taken by the Court. The examinations are then reduced to writing; and, if the Court is of opinion that there is sufficient evidence to put the prisoner on his trial, an Acte of Court is made referring the matter to the Royal Court in Guernsey. This mode of proceeding is provided by an Order in Council of the 21st of June 1585, which directs that the Jurats of Alderney "shall refer Criminal Causes to the Royal Court as was always the custom." The prisoner is committed to the custody of the Prévôt of Alderney, whose duty it is to convey him to Guernsey. On the arrival of the Prévôt in Guernsey with his prisoner, he apprizes the Bailiff, and delivers to him or to one of the Law Officers of the Crown a copy of the Acte of the Alderney Court, together with copies of the examination of the witnesses and the interrogatoire of the accused. The Bailiff thereupon convenes a Cour Ordinaire, at which the interrogatoire and the depositions are examined: and, if the Court should think the offence of a nature to be tried, and the evidence, as taken by the Court in Alderney, sufficient, an order is made for the witnesses to be sent from Alderney on a particular day. On their arrival, they appear before the Cour du Quartier; and the proceedings are commenced from the beginning, exactly as if the offence had been committed in Guernsey. As there is no prison in Alderney, the prisoner remains in the personal custody of the Prévôt until his committal for trial in Guernsey. This reuders the office of Prévôt very onerous. The Court of Alderney also has the power of making local Ordonnances, in the nature of police regulations, and for the repair and maintenance of the highways, obedience being enforced by a fine. The Ordonnances must be made either at a Court of Chefs Plaids or at a meeting of the States. These are constituted of the same members: but the States meet whenever there is occasion; the Chefs Plaids only twice in the year, on the first Monday after Michaelmas and the first Monday after the 15th of January. The body consists of the Judge, the six Jurats, the Crown Officers, and the Douzaine, which last is a body of twelve elected by the rate-payers of the Island, for life, or until they obtain permission, for infirmity, to be discharged. The Governor also has the right of being present; and, when he cannot attend in person, he deputes some one who takes the oaths as Lieutenant Governor for the occasion. The Constables in Alderney are mere Officers of Police, and have no place in the Court sitting in Chefs Plaids, nor in the States. The Judge, and at least two Jurats and seven Douzeniers, with one of the Crown Officers, must be present to constitute the Court. The enacting power resides with the Jurats alone, the Bailiff, in case of an equality of numbers, giving a casting vote. The Crown Officers and the members of the Douzaine are, however, both consulted. The course is, upon a measure being proposed, for the Judge, first, to ask the opinions of the Crown Officers. After they have been heard, the opinion of the Douzaine is asked through the President, who is the senior member; after which the Jurats decide on the proposition, which thereupon becomes law, and is binding on the inhabitants of Alderney. An appeal against its enactment lies to the Royal Court in Guernsey, which has power to annul an Ordonnance of the Court of Alderney. It is however contended, in Alderney, that the Guernsey Court has no power to make an Ordonnance binding on the inhabitants of Alderney, and that no one can be summoned before it for the breach of an Ordonnance made by the Court in Alderney, the jurisdiction of the Guernsey Court in such case being only appellate. Besides the making of Ordonnances, the taxes for the relief of the poor are raised, and the value of the wheat rents for the year are fixed, at the Court of Chefs Plaids. Great inconvenience is felt in Alderney from the want of power on the part of the Court to punish petty offences. At present this is met by giving the party accused the option of submitting to the Court instead of having his case remitted to Guernsey for the decision of the Royal Court there; in the event of his submission a small fine or short imprisonment is inflicted. The population of Alderney at the last census, in 1841, amounted to 1030. We were informed that it has not been on the increase since then, and that the quiet and orderly habits of the natives give little cause for the exercise of summary jurisdiction by the Court. Since our return to England, however, a great augmentation of the population has taken place by the influx into the Island of workmen who are employed in the public works directed to be executed there. We have received a communication from Mr. Gaudion, the Judge of Alderney, pointing out the necessity of further powers being extended to the Court, in order to meet the altered state of the Island. We think that this deserves attention. We suggest that a summary jurisdiction should be conferred on the Judge and two Jurats of Alderney, in cases of assault, breach of the peace, and disorderly conduct, with powers to punish by the infliction of a fine not exceeding twenty livres tournois, and imprisonment not exceeding twenty days. The Judge should have power to name a deputy; and the fine and imprisonment should, where it is thought fit, be both inflicted. We further suggest that the Causes en Adjonction, which exist here, should be abolished. And further, that the authority of the Royal Court of Guernsey over the Island of Alderney should be defined by an Order of Council. If our suggestion as to the legislation in Guernsey by the States of Deliberation be adopted, it seems fit that Alderney should be represented in that Assembly. But the Alderney States should still, we think, retain the right of local taxation. Sark. The Island of Sark was granted by letters patent, in the reign of Queen Elizabeth, to Hilary de Carteret, Lord St. Ouen's, in Jersey, to hold by the twentieth part of a knight's service. The inhabitants, soon after the grant, proceeded to elect from among themselves a Bailiff and twelve Jurats, in imitation of the Court in Jersey. This was regarded as an usurpation by Sir Thomas Leighton, the then Governor of Guernsey and proceedings were taken in the Royal Court of Guernsey, in the year 1582, upon the informaticn of the Procureur de la Reine, under which Edward de Carteret, the Bailiff elected of the Island, and two of the self-elected Jurats were imprisoned; and the Island was seized, in the name of the Queen, as forfeited by the usurpation. But afterwards an Order in Council was made, on the 24th of April 1583, establishing five Jurats in Sark, to be chosen by the inhabitants, "the eldest of the said Jurats to give sentence as is used in Alderney," and "the Jurats to adopt pleas and use jurisdiction in Sark, in all cases, as is used in Alderney, and appeals likewise to be from Sark to Guernsey, as to the superior Justice, in all causes as is used in Alderney." The same Order appoints a Greffier, and also a Prévôt to plead the Queen's causes as Procureur, and to arrest as Prévôt, and to adjourn (that is, to summon) and distrain as Serjeant; and a Constable and Vingtenier to be chosen by the inhabitants of the Island, and there to execute their offices in like manner as the like officers in Alderney. September, the next Wednesday after the 15th of January, and the next Wednesday after Easter day, in every year, to hold their Chefs Plaids. The power of making Ordonnances is given them in the following terms :-" Les dits Jurez et Officiers, par le consent du Seigneur de la dite Isle et de la généralité des habitants, feront telles Ordonnances qu'ils trouveront expédients et nécessaires de tems en tems pour le réglement de la Police de la dite Isle." This jurisdiction continued in the Jurats of Sark till the year 1672, when the Jurats were displaced by an Order in Council, in consequence of their refusal to take the Oath of Supremacy. It was thereupon ordered that the Royal Court of Guernsey should name a Seneschal. But a subsequent Order in Council, of the 19th of May 1675, directed that the Lord of Sark should name the Seneschal and the other officers of Justice there, who should take the oath before the Royal Court, at Guernsey. This course has since continued to be followed. At present the Court at Sark consists of the Seneschal or his Deputy, who is the Judge of the Court; the Prévôt, who acts in the threefold character of Procureur, Serjeant and Prévôt; and the Greffier. These Officers are all appointed by the Lord, and sworn in before the Royal Court in Guernsey. The Seneschal of Sark has complete jurisdiction in the case of petty offences, having the power of punishing by way of fine to the amount of three livres tournois, and by imprisonment to the extent of three times twentyfour hours. In all cases which require a severer punishment, he is bound to send the case before the Royal Court in Guernsey. The Island is divided into forty tenements held of the Lord, which, by letters patent of the 9th of James the First, were made incapable of partition. The holders of the forty tenements, with the Lord, the Seneschal, the Prévôt and the Greffier, now constitute the Court of Chefs Plaids in Sark. The Lord must be present in person, or by some one authorised to appear for him. The Seneschal or his Deputy presides. No one has a vote at the Chefs Plaids who is not a tenant. Ordonnances are passed there for roads; and rates are imposed for the maintenance of the poor and other purposes of local taxation and police. After the project has been discussed and adopted by the votes of the majority of the tenants, the Seneschal requests the assent of the Lord to its enactment. If it is given, the The jurisdiction of the Court, so constituted in Ordonnance is registered, and has immediately obedience to the Order, in criminal matters, the force of law. If, on the contrary, the Lord was thus defined by the Governor and members withholds his consent, no registration takes and officers of the Royal Court, Guernsey. place; but the majority of the tenants may "Jugeront les susdits Jurez," "de toutes appeal to the Royal Court of Guernsey, who matières et actions de Forfaite, Excez, et In- claim the right of compelling the registration of jures, par emprisonnements, ou amendes n'ex- the Ordonnance, and thus giving it the force of cédant la somme de soixante sols et un denier Tournois, pourvu qu'il n'y ait matière de crimes, auxquels cas les dits Jurez seront tenus envoyer, par le Prévôt de la dite Isle, leurs corps avec la cause, à la Justice de Sa Majesté en la dite Isle de Guernesey, pour y procéder, comme sera expédient." The Jurats were also authorized to assemble about the next Wednesday after the 29th of law. There seems reason for doubting whether this power resides in the Royal Court; as it is denied that the Royal Court sitting in Chefs Plaids can make an Ordonnance to bind the inhabitants of Sark. It is, however, not disputed that it possesses the power of reviewing Ordonnances made by the Court of Sark, and annulling those which are contrary to a known superior law. The Chefs Plaids also appoint two police officers, namely a constable and a vingtenier. Each office is held for a year, the vingtenier of one year becoming the constable of the year following. The population of the Island at the last census, 1841, was 790. It was represented to us as being less now, by about one hundred. In summer, there is a daily intercourse between Sark and Guernsey; and, in winter, at least once a week. Crime, of any kind, is extremely rare in the Island. We were informed that there had not been a criminal case before the Court for the two years preceding our inquiry. The Causes en Adjonction exist here also; and here, as in the other Islands, we recommend their abolition. We think that it would be expedient to settle, by an Order in Council, the exact limits of the authority of the Royal Court of Guernsey over the Island of Sark. And, as in the case of Alderney, it appears fit to consider whether Sark ought not to be represented in the Guernsey States of Deliberation, should the proposed transfer of the power of legislation to that Assembly take effect. The right to impose local taxes should still, we think, remain with the Chefs Plaids in Sark. APPENDIX D. PRIZE AND PRIZE COURTS, 1854.(a) It was formerly doubted whether the prize jurisdiction of the High Court of Admiralty was inherent, or was wholly derived from the commission which it was usual to issue at the beginning of every war. (See Lord Mansfield in Lindo v. Rodney, 2 Dougl. 613n, and Lord Stowell in The Santa Cruz, 1 C. Rob. 62; Smart v. Wolff, 3 T.R. 329, De Lovio v. Boit, 2 Galiison, (U.S.) 406; 1 Kent Com. 53; Halleck, International Law, ed. Baker, vol. 2. p. 415. The judgment of Lord Mansfield established that the jurisdiction of the Prize Court, whatever its origin, was entirely distinct from the "Instance Court." At common law prize vested in the Crown either jure corona, or by virtue of the office of admiral, but since 6 Ann. c. 13. statutes have usually been passed regulating its disposal. On the declaration of war with Russia, March 28th, 1854, the following measures were adopted: On March 29th an Order in Council (State Papers, vol. 46, p. 37) was passed, authorising Her Majesty's ships and fleets to seize the ships and goods belonging to the Emperor of Russia and his subjects and others inhabiting his territories, and to bring them to judgment in courts of Admiralty duly commissioned. The Order also directed the Queen's Advocate and the Admiralty Advocate to prepare a commission authorising the Lords of the Admiralty to require the High Court of Admiralty and other Admiralty Courts to take cognisance of such captures, and according to the course of admiralty and the law of nations to adjudge and condemn all ships, etc. belonging to the Emperor of Russia, etc.; and also to prepare instructions for the Vice-Admiralty Courts. On the same day, March 29th, a Proclamation was issued (State Papers, vol. 46, p. 40), regulating the distribution of captures among Her Majesty's fleets acting with the allied fleets of France. On April 3rd, 1854, a commission passed the great seal, authorising the Lords of the Admiralty to require the High Court of Admiralty of England and all Vice-Admiralty Courts which (a) See above, p. 349. This Appendix is founded on a Memorandum prepared by Sir Henry Jenkyns and Mr. Albert Gray in 1894, and containing information supplied by the late Mr. H. C. Rothery, for many years registrar of the Admiralty. should be duly commissioned to take cognisance of, and judicially to proceed in, prize matters. On April 4th, 1854, the Lords Commissioners of the Admiralty issued their warrant to the judge of the High Court of Admiralty, and similar warrants to the Vice-Admiralty Courts; and on April 6th, instructions, under the sign manual, were issued to the Vice-Admiralty Courts. The Prize Act, Russia, 1854, 17 & 18 Vict. c. 18., which received the royal assent June 2nd, 1954, after reciting the Order of March 29th above, and the Proclamation of the same date, provided, s. 5, that ships and goods taken by Her Majesty's ships, should after they had been adjudged lawful prize by any Court divided in the manner of Admiralty, be directed, or to be directed, in Her Majesty's proclamation. Ss. 16, etc. regulated the mode of proce dure against prize, the examination of the master and others on the standing interrogatories, the affidavit as to the ship's papers, and s. 22, the awarding of further proof, where, upon the production of the preparatory examinations and the ship's papers, it should appear doubtful whether the capture was lawful prize or not; and ss. 33, 34 provided for an appeal in prize cases from the High Court of Admiralty to the Judicial Committee. The Naval Pay and Prize Act, 1854, 17 & 18 Vict. c. 19., provided for the constitution of a Naval Prize account, and regulated the distri bution of prize money. Subsequently to the Crimean War, the Naval Prize Act, 1864, 27 & 28 Vict. c. 25., which is still in force, enacted the provisions of 17 & 18 Vict. c. 18. in permanent form, with some alter ations and omissions. See further the Colonial Courts of Admiralty Act, 1890, 53 & 54 Vict. c. 27., and the Judicature Act, 1891, 54 & 55 Vict. c. 53. s. 4, which constituted the High Court a permanent prize court, thus rendering the issue of a new commission at the beginning of every war no longer necessary. The Act further provided that appeals in prize cases should lie to the Judicial Committee. The Prize Courts Act, 1894, 57 & 58 Vict. c. 39., made further provision for the constitution in British possessions of permanent Prize Courts to be set in motion by the Governor of the colony in the event of war breaking out, and empowered the Queen in Council to make rules for regulating their procedure and practice. APPENDIX E.(a) Order in Council, No. 3, of March 29th, 1854, exempting certain Russian vessels from capture. At the Court at Buckingham Palace the 29th The Queen's most Excellent Majesty in Her Majesty, being compelled to declare war against his Imperial Majesty the Emperor of all the Russias, and being desirous to lessen as much as possible the evils thereof, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, that Russian merchant vessels, in any ports or places within Her Majesty's dominions, shall be allowed until the tenth day of May next, six weeks from the date hereof, for loading their cargoes and departing from such ports or places; and that such Russian merchant vessels, if met at sea by any of Her Majesty's ships, shall be permitted to continue their voyage, if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term; Provided, that nothing herein contained shall extend or be taken to extend to Russian vessels having on board any officer in the military or naval service of the enemy, or any article prohibited or contraband of war, or any dispatch of or to the Russian Government. And it is hereby further ordered by Her Majesty, by and with the advice of her Privy Council as aforesaid, that any Russian merchant vessel which, prior to the date of this order, shall have sailed from any foreign port bound for any port or place in Her Majesty's dominions, shall be permitted to enter such port or place, and to discharge her cargo, and afterwards forthwith to depart without molestation; and that any such vessel, if met at sea by any of Her Majesty's ships, shall be permitted to continue her voyage to any port not blockaded. And the right honourable the Lords Commissioners of Her Majesty's Treasury, the Lords Commissioners of the Admiralty, and the Lord Warden of the Cinque Ports, are to give the necessary directions herein as to them may respectively appertain. C. C. GREVILLE. Order in Council, No. 2, of April 15th, 1854, The Queen's most Excellent Majesty in Whereas by an order of Her Majesty in Council of the 29th of March last, it was amongst (a) See above, pp. 349, 433, 807. other things ordered, "that any Russian merchant vessel which prior to the date of this order shall have sailed from any foreign port, bound for any port or place in Her Majesty's dominions, shall be permitted to enter such port or place and to discharge her cargo, and afterwards forthwith to depart without molestation; and that any such vessel, if met at sea by any of Her Majesty's ships, shall be permitted to continue her voyage to any port not blockaded." And whereas Her Majesty, by and with the advice of her said Council, is now pleased to alter and extend such part of the said order: It is hereby ordered, by and with such advice as aforesaid, as follows; that is to say-That any Russian merchant vessel which, prior to the fifteenth day of May one thousand eight hundred and fiftyfour, shall have sailed from any port of Russia, situated either in or upon the shores or coasts of the Baltic Sea or of the White Sea, bound for any port or place in Her Majesty's dominions, shall be permitted to enter such last mentioned port or place, and to discharge her cargo, and afterwards forthwith to depart without molestation; and that any such vessel, if met at sea by any of Her Majesty's ships, shall be permitted to continue her voyage to any port not blockaded. And Her Majesty is pleased, by and with the advice aforesaid, further to order, and it is hereby further ordered, that in all other respects Her Majesty's aforesaid Order in Council of the 29th day of March last shall be and remain in full force, effect, and operation. And the right honourable the Lords Commissioners of her Majesty's Treasury, the Lords Commissioners of the Admiralty, and the Lord Warden of the Cinque Ports, are to give the necessary directions herein as to them may respectively appertain. C. C. GREVILLE. Order in Council, No. 1, of April 15th, 1854, The Queen's most Excellent Majesty in Whereas Her Majesty was graciously pleased, on the twenty-eighth of March last, to issue her Royal declaration in the following terms : "Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, having been compelled to take up arms in support of an ally, is desirous of rendering the war as little onerous as possible to the powers with whom she remains at peace. To preserve the commerce of neutrals from all unnecessary obstruction, Her Majesty is |