Rayat Shikshan Sanstha’s,

Ismailsaheb Mulla Law College,Satara.

Indian Legal History

2nd NLC- Asmita - Saee - Dipali - Jyoti

EARLY ADMINISTRATION OF JUSTICE

AT MADRAS

INTRODUCTION: After the settlement of East India Company in Surat, the East India Company was also willing to start their trade at various places in India. For this purpose, they were allowed to establish factories in India. And in the year of 1639, the company established their factory at Madras.

JUDICIAL ADMINITRATION AT MADRAS:In Madras, the judicial administration grew in

3 stages- 1st stage : Administration of justice was at

elementary stage. 2nd stage: Establishment of court of

Governor in council. 3rd stage : Significant event of creation of

two courts- -Admiralty Court -Mayor’s Court.

1ST STAGE(1639-1665)

1)FORT St. GEORGE :- In 1639, an Englishman FRANCIS DAY

acquired very big strip of about 240 Miles from Hindu raja CHANDRAGIRI. He built fortified factory and named it as FORT St. GEORGE.

2) WHITE TOWN AND BLACK TOWN :- In side the factory, there was Englishman & European & other hand, the village out side the factory where inhabited by native black person. And hence, the people inside the factory were known as WHITE TOWN and Persons outside the factory known as BLACK TOWN. And both constituted town of MADRASPATTANAM.

3) POWERS OF COMPANY :- The Raja had granted to the company full power and authority to govern and dispose the Government of MADRASPATTANAM. The company was also empowered TO MINT ITS OWN MONEY.4) AGENT IN COUNCIL :- As Madras was given the status of the agency so there was administrative head Called the ‘AGENT’. He administered the settlement with the help of council.

5) CHOULTRY COURT :• Justice was dispensed to the inhabitants of the white town by agent. Although the Raja had left the responsibility to administer the black town. And Englishmen did not show much interest to this respect. • Thus old system of CHOULTRY COURT with Adigar as the Judge decided small Civil and Criminal cases.

• But in the year of 1644, KANAPPA was the Adigar of Choultry Court was charged for some offences of taking bribe, the charge was also proved against him And he was dishonorable removed from his post.

• From 1648, onwards company began to appoint Englishmen to preside upon the Choultry Court.

6) CHARTER OF 1661:-•In 1661, the British Crown granted a Charter viz. CHARTER OF 1661.

•It conferred broad powers on the East India Company.

•It authorized Governor and council of each factory to hear all the cases of all persons whether Indians, Englishmen or Europeans inhabiting in the settlement of company.

•All cases were heard by Governor and council.•Even the cases of Indians inhabiting in the settlement of company were to be decided by English law.

2nd stage(1665-1686)

Presidency Of Madras

Though the Charter granted powers to EIC. It was not operative in Madras.

There was no change in judicial set up.

A criminal case of 1665 however proved to be turning point .

Mrs. Ascentia Dawes was brought to trial before the agent in council on a charge of murdering a slave girl.

As the agent in council was uncertain about their power in such matters they referred the case for advice to company's authority to England.

The company decided to make Charter more effective…and to this end it raised the agent on the status of Governor.

The Charter vested all powers to governor and council.Thus, Madras became the first Presidency Town in 1665.

PLAN OF 1678HIGH COURT OF JUDICATURE

Streynsham Master was the Governor of Madras.

In March 1678, the Governor and council resolved that they could sit as court on 2 days of week to administer justice in all civil and criminal cases.

All cases were to be heard according to the laws of England with the help of 12 jury men.

The court was designed as HIGH COURT OF JUDICATURE and was formally inaugurated on March 27, 1678.

CHOULTRY COURT

Choultry court was also reorganized .

It was to consist of servants.

Choultry court was to sit twice a week to try small matters of peace and civil upto 50 Pagodas and cases of higher value with the consent of parties.

All other cases & appeals from the choultry court were to be heard by the Governor & Council with the help of jury.

3rd stage(1685-1726)

The admiralty court was established under the British Crowns CHARTER OF 1683.

Under the Charter of 1600 the East India Company was conferred on exclusive the right to trade with East Indies but no British subject was permitted to carry on trade without the license; so the need of admiralty court was occurred .

Second reason.. The crime of piracy on high seas was increased. To deal with it need of admiralty court was felt.

Third was..to hear and decide the cases concerning – MARATIME MERCHANTILE

Admiralty Court

ESTABLISHMENT AND STRUCTURE OF

ADMIRALTY COURTAdmiralty court was started in Madras on July 10, 1686.

3 seniors of company were appointed- One of them was act as Judge and two were his assistants.

In 1687, company sent SIR JOHN BIGGS, a professional lawyer learned in civil law to act as Advocate Judge.

The year 1687, became important for two reasons - a professional lawyer came on scene to administer justice - the executive gave up judicial function in favor of admiralty court.

Mayor’s court

The year 1688, saw the setting up of another court at Madras known as Mayor’s Court.

This was a part of Madras Corporation and it was established under the Charter, dated Dec. 30, 1687 issued by company itself..

NEED OF MAYOR’S COURT-

Madras had become popular town and so company thought of applying system of MUNICIPAL GOVERNMENT in Madras.

For welfare activities..Madras Govt. levied house tax .

WORKING OFCORPORATION AT

MADRASEXECUTIVE CAPACITY

Existence on – Sept. 29, 1688

Consisted a mayor 12 aldermen & 60-120 burgesses.

Charter appointed 1st Mayor.

•Tenure- 1 year.

JUDICIAL CAPACITYA Mayor and 3 aldermen called Court of peace.

Mayor & aldermen formed Court of record.

They use to hear civil & criminal cases

Civil cases upto 3 Pagodas.

-ASDJ

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