3. that this Court further should have distinguished McMahon
by reason of the fact that the Superior Number in Jersey possessed
both a civil and a criminal jurisdiction, whereas the ordinary
court in Guernsey possessed a limited and, to use the phrase employed
in the judgment of this Court in Century, "dwindling jurisdiction,
in criminal matters;
4. that the sole test of jurisdiction therefore was whether the
Cour des Jugements et Records would have had jurisdiction before
its replacement by the Court of Appeal on 4th June 1964 (the date
when the Appeal Law of 1961 came into force), this being dependent
itself on the jurisdiction of the ordinary Court from which the
appeal lay;
5. that the ordinary court having unlimited jurisdiction in respect
of (inter alia) cases in respect of which no specific sum was
claimed, had jurisdiction in respect of such a matter as the present;
6. that although there was no system of administrative law in
1964, the provisions of the Appeal Law of 1961 as to jurisdiction
by reference to the Cour des Jugements et Records (and incidentally
therefore by reference to the ordinary Court from which appeal
lay) was not to be construed as preserving a "museum piece" without
regard to the later development of the civil law in Guernsey,
and that the Deputy Bailiff in his decision at first instance
in Century erred in holding that there was no place for a system
of administrative law in this relatively small community, and
furthermore that the Procureur was not immune from suit in such
instance;