Saturday, 6 September 2014

Charter of 1726 - further explained


In the year 1726 the CROWN granted Letters Patent(explained below) creating Mayor's court the
Presidency towns. These were not the Company's courts, but courts of the King of England. At that time the King had no claim of sovereignty to any part of the country, except
the Island of Bombay.
 These courts were authorized to try, hear and determine civil suits and actions between party and party and to give judgment and sentence according to justice and right.
Appeal from the Mayor's court lay to the Governor and Council, They used to act as a court of record.
To give judgment and sentence according to justice and right, the Englishmen drew upon the rules of the common law(english law) and prevalent statute law in England in so far as they thought
them applicable in the circumstances of this country( INDIA).
With the advent of the Mayor's court In 1726, the Company had sent to each Presidency a book of instructions prescribing the" method of proceeding civil suits, criminal trials, probate and administrative matters. The courts made a straight and narrow path of English Law, as English Law was unsuited for the prompt and satisfactory disposal of the criminal cases of the natives, the Charter of 1726 came to be amended 1753. The Letters Patent of 1753 expressly excepted from the jurisdiction of the Mayor's courts all suits and actions between the natives only and directed at these suits and
actions should be determined among themselves, unless both parties submitted them to the
jurisdiction of Mayor's court.
 The criminal jurisdiction of Mayor's court was confined to the Presidency towns where the electors existed and was not to extend beyond 10 miles. These courts and the law administered by them commanded confidence of Indians, who continued to sort to these courts. Indian litigation had, In fact, constituted the bulk of the work of these courts from their start and it continued to be so notwithstanding the requirement of the consent of Indians to the court exercising Jurisdiction over them.
Regulation II of 1872 provided that these subjects of the Crown were to be governed by their own laws In suits regarding Inheritance, marriage, caste and other religious usages and institutions. In 1781 was added the word 'succession' to the word 'inheritance' and the judges were to act according to justice, equity and good conscience. This is how the rules of English Law were made applicable to Indian society and circumstances.

Letters Patent-
They are a type of legal instrument which are mostly published orders issued by president, granting a right or a status to a person or authority or corporation.

Arrival of a notable person or a thing or an event.


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