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    1726 Uniform Judicial System

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    Bhuvaneswari Ram Motupalli
    The document summarizes the establishment and evolution of judicial systems in the British presidencies of India under the East India Company's rule. The 1726 charter introduced uniform judicial systems across the three presidencies of Madras, Bombay, and Calcutta, establishing civil and criminal courts derived from British rather than East India Company authority. It also initiated a system of appeals from Indian courts to the Privy Council in England, linking the Indian and English legal systems. The charter established Mayor's Courts in each presidency consisting of a Mayor and aldermen to try civil cases, with appeals allowed to the Governor and Council and further to the Privy Council in more significant matters. This helped formalize and

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    1726 Uniform Judicial System

    Uploaded by

    Bhuvaneswari Ram Motupalli
    610 views3 pages
    The document summarizes the establishment and evolution of judicial systems in the British presidencies of India under the East India Company's rule. The 1726 charter introduced uniform judicial systems across the three presidencies of Madras, Bombay, and Calcutta, establishing civil and criminal courts derived from British rather than East India Company authority. It also initiated a system of appeals from Indian courts to the Privy Council in England, linking the Indian and English legal systems. The charter established Mayor's Courts in each presidency consisting of a Mayor and aldermen to try civil cases, with appeals allowed to the Governor and Council and further to the Privy Council in more significant matters. This helped formalize and

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    Uniform Judicial System

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    The document summarizes the establishment and evolution of judicial systems in the British presidencies of India under the East India Company's rule. The 1726 charter introduced uniform judicial systems across the three presidencies of Madras, Bombay, and Calcutta, establishing civil and criminal courts derived from British rather than East India Company authority. It also initiated a system of appeals from Indian courts to the Privy Council in England, linking the Indian and English legal systems. The charter established Mayor's Courts in each presidency consisting of a Mayor and aldermen to try civil cases, with appeals allowed to the Governor and Council and further to the Privy Council in more significant matters. This helped formalize and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    610 views3 pages

    1726 Uniform Judicial System

    Uploaded by

    Bhuvaneswari Ram Motupalli
    The document summarizes the establishment and evolution of judicial systems in the British presidencies of India under the East India Company's rule. The 1726 charter introduced uniform judicial systems across the three presidencies of Madras, Bombay, and Calcutta, establishing civil and criminal courts derived from British rather than East India Company authority. It also initiated a system of appeals from Indian courts to the Privy Council in England, linking the Indian and English legal systems. The charter established Mayor's Courts in each presidency consisting of a Mayor and aldermen to try civil cases, with appeals allowed to the Governor and Council and further to the Privy Council in more significant matters. This helped formalize and

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    1726 UNIFORM JUDICIAL SYSTEM:

     This charter issued to the company by King George I on 24th Sept 1726.
     This turns in the evolution of judicial institutions in the three presidency
    towns.
     The charter 1726 introduced uniformity of approach in each presidency
    town, similar judicial systems was established.
     The charter established civil and criminal courts in the presidency towns
    which derived their authority not from the company but from the British
    crown. These courts therefore designated as royal courts.
     The status of courts prior to 1726 was very vague and indefinite.
     The advantage of having royal courts in India was that their decisions were
    authoritative as those of courts in England because the source of authority
    for both the courts was the same.
     Further, charter of 1726 initiated system of appeals from the courts in India
    to the Privy Council in England and thus established a bridge between
    English and the Indian legal systems.
    MAYORS COURT-1726
    The company’s Charter of 1687 established a Mayor’s Court at Madras. It
    consisted of a Mayor, twelve Aldermen and sixty or more Burgesses. The first
    Mayor and Aldermen were nominated by the Charter. The Mayor holds office for
    one year. Aldermen elected the Mayor annually. The Mayor and Aldermen
    selected Burgesses whose strength was not to exceed 120. The Mayor and three
    Aldermen were to be English servants of the company and others were to be from
    any nation.

    A man learned law called Recorder was attacked to Mayor’s Court. (Court of
    reward). The Mayor court tried,
    All civil cases up to the value of 3 pagodas.
    All criminal cases with the help of jury and punished the offenders by fine or
    imprisonment.

    Appeals were allowed to the Admiralty Court. In civil matters, the Admiralty
    Court had decided more than the value of 3 pagodas. In criminal cases, it had
    decided when the punishment was to lose life or limbs.
    Appeals from the Mayor’s Court and Admiralty Court were heard by Governor and
    Council.

    The Charter of 1726 established Mayor’s Court at Madras, Bombay and Calcutta
    consisted of a Mayor and 9 Aldermen. Mayor and 7 Aldermen were to be English
    and the rest were subjects of princely Indian States friendly with Britain. The
    Mayor holds office for one year. The Aldermen hold office for lifelong. Every
    year the outgoing Mayor and Aldermen elected a new Mayor out of the Aldermen.
    The Mayor and Aldermen filled up the vacancy of Aldermen from among the
    inhabitants of the Presidency Town. The Governor in Council could dismiss the
    Aldermen on reasonable ground.

    This court tried only civil matters. It granted probation of wills and letters of
    administration in case of intestate. During the proceedings the parties were
    required to take oath produce and examine witnesses and plead their cases.
    Sheriff was appointed by Governor and Council. It is his duty to produce the
    defendant in the court if a written complaint was filed by an aggrieved party. He
    executed judgments as in English Law.
    Governor in Council heard appeals from the Mayor’s Courts up to the value of
    1000 pagodas.

    Privy Council:
    If the value of the suit was more than 1000 pagodas a second appeal was permitted
    to this court.

    Administration of Justice in Presidencies:


    Justice of Peace:
    The Governor and 5 senior members of the Council would have criminal
    jurisdiction and would be justice of peace.

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