Legal History-Madras Settlement (1639-1726)
British established it's first factory in Surat. As they expanded they established factories in other town such as Madras, Calcutta and Bombay.
Francis Day got piece of land from Hindu king for the East India Company in 1639. East India Company got a town named as "Madraspatanam". (Don't tell this to UP CM Yogi, or else he will rename Madras). British Established fortified factory were Englishmen would stay.
Till 1665, Madras was subordinate to Surat.
Now town was divided into two divisions. In fortified area, Englishmen and European used to stay which was known as "White Town", whereas villagers stayed outside were known as "Black Town"
Study of development of legal administration is divided into three stages. We can divide in as many stages as we want, provided we have certain distinguishing criteria for each division.
Let's see each stage with some more details.
There was different kind of administration on divided town. As Englishmen and Native settlement was different.
Problem with this setup
Some matters were referred to England. With no internet and aeroplane imagine the delay in trials..!!
Judicial power of agent and council was not definite.
No Separation of judiciary and executive.
Also those overseeing the justice administration were not trained in law.
Above were certain problems with early adminstration. Some of them are till relevant, like separation of power of judiciary and executive.
Adigar, the village headman was responsible to look after law and order problem in village.
Adigar administered justice at choultry court according to established customs
These Choultry courts were to try petty cases. Serious matters were referred to Local King.
Layman would administer justice in village who was not trained in law. Also sometime Adigar would abuse the power and use it arbitrarily.
In 1661, Charter was granted by British Crown, which provides for some improvement over this existing system.
Since power was conferred on Governor, and agent used to oversaw administration, agent was upgraded to Governor.
Improvement to White Town
Court of Governor become high court of adjudication. They could try criminal offence (No need to send matter to England). These court also to hear appeal from Choultry court.
Also Court is to carry regular meeting (Twice a week)
Improvement to Black Town
Number of judges were increased. These court need to seat for two days per week with at least two judges. Choultry court were empowered to hear cases upto 50 pagodas and cases of higher value with the consent of parties
So with these things in place, certain defects in earlier system was overcome, for example long delay in criminal cases, demarcation of power(Lower court-Higher Court).
However, there was still an executive-judicial overlap, judges were not professionally trained in law.
Admiralty Court
Need for this court was because of below reason.
Trading rights in India/Asia were exclusively given to East India Company, but others Britisher's used to infringe this (They too want to earn/loot). There was not clarification on whom will try such Britisher's
Another is Pirates, who used to cause harm to companies ship.
So company needed power to try offenders in above case.
Charter was issued in 1683/1686 granting wider power to company
First,Company was to hear all cases related to mercantile and maritime matters.
Second it was to hear cases related to forfeiture of ships, piracy, trespass, injuries and wrongs.
One important development is Judge of this Court was independent and not under direct influence of Governor and his council.Also appointed judge were professionally trained in law.
In 1692, John Dolben was appointed. He was well trained in Law. He was impartial and even dared to give judgements against company also. Consequently he was dismissed in 1694.
Later on, administration of these courts came again in hands of Governor and his council, diminishing and ultimately loosing it's independence. Company feared independent lawyer and disfavor appointment of Lawyers
Mayor's Court
It so happened that Britisher's want to impose the tax in settlement which was opposed by natives of black town. As usual Britisher's come with idea of setting up a corporation.
Corporation would be kind of governing body having representatives from Britisher's as well as natives. If such body imposes tax then it would be accepted by natives.
So structure of corporation was as below
Along with Above corporation, Mayor's court was also established.
Mayor's Court
This court, again was replete with problem faced by earlier systems. Problems like officials were not from legal background, excessive authority to governor and council, and no definite jurisdiction. This system continues till 1726.
Thanks
Legalfundaa
Francis Day got piece of land from Hindu king for the East India Company in 1639. East India Company got a town named as "Madraspatanam". (Don't tell this to UP CM Yogi, or else he will rename Madras). British Established fortified factory were Englishmen would stay.
Till 1665, Madras was subordinate to Surat.
Now town was divided into two divisions. In fortified area, Englishmen and European used to stay which was known as "White Town", whereas villagers stayed outside were known as "Black Town"
Study of development of legal administration is divided into three stages. We can divide in as many stages as we want, provided we have certain distinguishing criteria for each division.
Let's see each stage with some more details.
First Stage-1639-1665 (Black town, white town, choultry court)
There was different kind of administration on divided town. As Englishmen and Native settlement was different.
White Town
Administrative head was called "Agent", and he along with Council used to administer the white town. Criminal as well as civil matter was seen by this council.Problem with this setup
Some matters were referred to England. With no internet and aeroplane imagine the delay in trials..!!
Judicial power of agent and council was not definite.
No Separation of judiciary and executive.
Also those overseeing the justice administration were not trained in law.
Above were certain problems with early adminstration. Some of them are till relevant, like separation of power of judiciary and executive.
Black Town
Customary old system was allowed in black town.Adigar, the village headman was responsible to look after law and order problem in village.
Adigar administered justice at choultry court according to established customs
These Choultry courts were to try petty cases. Serious matters were referred to Local King.
Layman would administer justice in village who was not trained in law. Also sometime Adigar would abuse the power and use it arbitrarily.
In 1661, Charter was granted by British Crown, which provides for some improvement over this existing system.
Second Stage-1665-1683 (Agent to Governor)
Under the charter of 1661, Governor and Council granted power to try all type of cases Civil, Criminal etc.Since power was conferred on Governor, and agent used to oversaw administration, agent was upgraded to Governor.
Improvement to White Town
Court of Governor become high court of adjudication. They could try criminal offence (No need to send matter to England). These court also to hear appeal from Choultry court.
Also Court is to carry regular meeting (Twice a week)
Improvement to Black Town
Number of judges were increased. These court need to seat for two days per week with at least two judges. Choultry court were empowered to hear cases upto 50 pagodas and cases of higher value with the consent of parties
So with these things in place, certain defects in earlier system was overcome, for example long delay in criminal cases, demarcation of power(Lower court-Higher Court).
However, there was still an executive-judicial overlap, judges were not professionally trained in law.
Third Stage- 1683-1726 (Admiralty Court, Mayor's court)
Admiralty Court
Need for this court was because of below reason.
Trading rights in India/Asia were exclusively given to East India Company, but others Britisher's used to infringe this (They too want to earn/loot). There was not clarification on whom will try such Britisher's
Another is Pirates, who used to cause harm to companies ship.
So company needed power to try offenders in above case.
Charter was issued in 1683/1686 granting wider power to company
First,Company was to hear all cases related to mercantile and maritime matters.
Second it was to hear cases related to forfeiture of ships, piracy, trespass, injuries and wrongs.
One important development is Judge of this Court was independent and not under direct influence of Governor and his council.Also appointed judge were professionally trained in law.
In 1692, John Dolben was appointed. He was well trained in Law. He was impartial and even dared to give judgements against company also. Consequently he was dismissed in 1694.
Later on, administration of these courts came again in hands of Governor and his council, diminishing and ultimately loosing it's independence. Company feared independent lawyer and disfavor appointment of Lawyers
Mayor's Court
It so happened that Britisher's want to impose the tax in settlement which was opposed by natives of black town. As usual Britisher's come with idea of setting up a corporation.
Corporation would be kind of governing body having representatives from Britisher's as well as natives. If such body imposes tax then it would be accepted by natives.
So structure of corporation was as below
- It was to consist of Mayor, 12 Alderman, 60 Burgesses.
- Mayor and 3 senior Alderman were British Citizen
- 30 Burgesses were head of different castes
- Mayor's tenure was of one year, whereas Alderman could continue for life.
- Outgoing Mayor could be re-elected.
- Burgesses were to be elected by Mayor and Alderman
- Checks and balance system was there, as Mayor could remove Alderman or Burgesses and vice versa.
- Sadly, Governor and Council conferred with power to remove any of the above mention officials.
Along with Above corporation, Mayor's court was also established.
Mayor's Court
- Mayor and Alderman were to constitute Court of record which was known as Mayor's court.
- Mayor and 3 senior Aldermen were to be justice of peace.
- This court was authorised to try all civil and criminal cases.
- Matter up to 3 pagodas were to be heard by this court. (Worse than choultry Court. :()
- Quorum of this court consist of Mayor and 2 Alderman.
- Appeal lie in Court of Admiralty
This court, again was replete with problem faced by earlier systems. Problems like officials were not from legal background, excessive authority to governor and council, and no definite jurisdiction. This system continues till 1726.
Thanks
Legalfundaa
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