Administration Of Justice In Madras

Administration of Justice in Madras 1639-1726

FIRST PERIOD (1639-1665) In 1639, Francis Day acquired a piece of land called Madraspatnam from a Hindu Raja of Chandragiri for the EIC. Here Fort St. George built in 1640 for Company’s factory and for residence of Company’s employees The fort known as “White Town” and the village nearby known as “Black Town” Fort St. George under an administrative head called the Agent. The Agent and Council to decide all civil and criminal cases of English people residing with the fort

First Period In the Black Town the old traditional indigenous system continued. A Choultry Court headed by the Village Headman, Adigar administered justice. Kanappa, a Brahmin was appointed the first Adigar. Due to charges of bribery and corruption, from 1648 Europeans were appointed as judges. No fixed form of trial procedure and the methods used were informal as seen from various cases

Trials conducted on an ad hoc basis and procedure varied from case to case Charter of 1661- all persons living within Company’s settlements under the jurisdiction of

Second Period 1665-1686  The Trial of Ascentia Dawes  Charge of murdering her slave girl.  The Governor and Council tried Mrs. Dawes with the help of a jury consisting of 6 Englishmen and 6 Portugese  The jury found her guilty of murder “but not in manner and form” and wanted instructions from the court  Court asked jury to return a verdict of either “guilty” or “not guilty” without any exception  Jury returned the verdict of “not guilty”  None of the Governor and Council was a lawyer in education or training and couldn’t deal with legal complications

Second Period Governor requested the Company to send a person better skilled in law because of the difficulty of non-lawyer judges without any legal assistance. But no lawyer was sent to Madras Charter of 1661 provided for the administration of English law but none of the judges had elementary knowledge of that law Reorganisation- in 1678, Streynsham Master appointed as Governor. The court of Governor and Council designated as the Court of Judicature. The court to meet twice a week and decide all civil and criminal cases with the help of a jury of 12 men.

Second Period In Choultry Court, the no. of judges increased to 3. Not less than 2 were required to preside over the trial of cases. Justices were required to sit for 2 days a week. All civil cases upto 50 pagodas heard by the Choultry Court. All other cases and appeals from Choultry Court heard by the Court of Governor and Council.

In 1680 English was recognised as the only official language in Madras. Prior to this, Portugese, Tamil and Malyalam were used

THIRD PERIOD 1686-1726  ADMIRALTY COURT  To curb the activities of unauthorised traders, the EIC obtained a letters patent from Charles II in 1683 to establish Courts of Admiralty.  Its purposes: 1. To try all traders committing various crimes on the high seas

2. Hear and determine all cases concerning maritime and mercantile transactions 3. To deal with all cases of forfeiture of ships, piracy, trespass, injuries and wrongs.

 The court was to be guided by laws and customs of merchants and rules of equity and good conscience

Third Period 1686 the Admiralty Court established at Madras by a Charter provided by James II It provided for a civil lawyer because Admiralty law was of an international character rather than the common law of England In 1683 English common law lacked any rules governing mercantile cases Sir John Biggs appointed Judge-Advocate, the Chief Judge of the Court of Admiralty at Madras. He was a learned lawyer in civil law and he brought professional background and expertise to the administration of justice

Admiralty Court The Governor and Council gave up its judicial functions and ceased to sit as a court After Biggs’ death, the Governor appointed as Judge-Advocate in 1689. he was assisted by 2 members of the Council along with 2 merchants, an Armenian and a Hindu In 1696 Company directed that members of the Council should serve as Judge-Advocate After 1704 the Admiralty Court ceased to sit on a regular basis and was convened only when required

THIRD PERIOD  MAYOR’S COURT  The Company issued a Charter in 1687 which authorized it to create a Corporation of Madras and a Mayor’s Court  Customary in England to confer judicial powers on a municipal corporation  Company issued its own charter rather than acquire it from the Crown because it wanted the Corporation to be subject to the Governor and Council  Madras had become a populous town, difficult to administer  Local population resistant to taxes by the British  Need for a composite body of Englishmen and Indians who could levy taxes

THIRD PERIOD (Mayor’s Court) The Madras Corporation came into existence in September 1688. It was to consist of a Mayor, 12 Aldermen and from 60 to 120 Burgesses Tenure of the Mayor was one year; could be reelected by the Aldermen and the Burgesses Only an Englishman could hold the Mayor’s office At least 3 Aldermen were supposed to be covenanted British servants of the Company, the rest of the nine could be of any nationality

 30 Burgesses were heads of various castes in the town, rest appointed by the Charter

THIRD PERIOD (Mayor’s Court) The Mayor and the 3 senior Aldermen were to form a court of record, the Mayor’s Court, authorised to try all civil and criminal cases. Could punish by fines, amercements, imprisonment and corporal punishment In civil cases exceeding 3 pagodas and in criminal cases where the accused was given death sentence, appeals went to the Admiralty Court Since there was no legal expert in the Mayor’s Court, Judge-Advocate Sir Biggs appointed as first Recorder of the Court. His position was second to the Mayor and he was to have a vote like the other Aldermen

THIRD PERIOD (Mayor’s Court)  Drawbacks of the Court: 1. It power to award death sentence remained vague until 1712 when the Governor and Council decided it could award death sentence to natives only. 2. The Court dispensed justice not according to any fixed rules but as the Charter laid down, “in a summary way, according to justice and good conscience”. So decisions lacked uniformity. 3. There were also allegations of bribery and corruption against the judges 4. Anomaly in appointing Sir Biggs as Recorder because appeals lay to the Admiralty Court from the Mayor’s Court but no other lawyer was available to the Company

THIRD PERIOD (Mayor’s Court) The Government had too much influence over the court since the Mayor and few Aldermen were members of the Council Governor and Council could remove any members of the Corporation Differences between Governor Elihu Yale and his Council When the Admiralty Court was suspended, Mayor’s court claimed its decision to be final but Yale forcibly released 2 prisoners After 1704 appeals came to be heard by the Governor and Council

THIRD PERIOD CHOULTRY COURT

Tried small offences and civil cases upto 2 pagodas In criminal cases, gave punishments of fine, imprisonment, pillory, whipping and even slavery

THIRD PERIOD 3 types of courts from 1686-1726:- the Choultry court, the Mayor’s Court and the Admiralty court Mayor’s court was a Company court while the Admiralty court was created by a royal Charter Judiciary and executive remained separate as long as the Admiralty Court functioned No separation of executive and judiciary in Mayor’s court since some of the Aldermen were members of the Council