2. CHARTER OF
1726
Bavalekar Archana Rajendra
Student Of
Second NLC
3. INTRODUCTION
The judicial administration in settlements of the East India company before
1726 was not of high order.
There was no separation between executive and judiciary .
There was a great need to introducing reforms in the exciting judicial
administration .
The trade and commerce of company in India , population of presidency town
were increased so that the problem of maintenance of law and order became
serious .
For this purpose a new charter called Charter of 1726 was issued by the
British Crown .This Charter established a new corporation and mayors court in
each presidency town & empowered the governor and council of each presidency
town to make rules by laws .
4. CHARTER OF 1726
Establishment of corporation
Establishment of mayors court
Justice of peace and administration of
justice in criminal matter
Legislature
5. ESTABLISHMENT OF CORPORATION
The charter of 1726 made provision for establishment of corporation.
Each presidency town was to consist of a mayor and 9 aldermen Mayor and 7
aldermen were to be natural born British subjects and two aldermen might to be
subjects of friendly prince or state.
The first mayor and aldermen were nominated in the charter and thereafter
mayor was to be elected annually by 9 aldermen and restring mayor from amongst
the aldermen.
The governor and council were empowered to dismiss or remove any aldermen
on reasonable cause being shown against him.
The dismissed aldermen could appeal to the king- in-council.
6. ESTABLISHMENT OF THE MAYORS COURT
The charter of 1726 made provision for the establishment of mayors court in in
each presidency town.
The mayor and aldermen of the corporation of the presidency town were to
constitute the mayors court established at that town.
The mayor or senior aldermen with the two aldermen were to constitute quorum of
the court.
The mayors court was to be the court of records.
Its empowered to hear and trial all civil suits portioning to the persons living in
the presidency town and knowing in the company’s subordinate factories.
The charter of 1726 conferred on the mayors court jurisdiction with regard to
civil matters arising with the presidency town and its subordinate factories.
The decision of the governor and council was final in cases of the value of less
than 1000 pagodas and in the cases of the value 1000pagodas or more the appeals
from the decision of the governor and council could be lodge with the king-in-council.
7. The mayors court was also given testamentary jurisdiction, to the legal heir of the
deceased person, failing him to the any other person deemed proper by the mayors
court.
For this purpose the court was given power to punish person found guilty of its
contempt.
The cases should be decided by mayors court .
According to justice and right while deciding the dispute the mayor court used to
apply English law on analogy that the English law had already been prescribed in
the charter of 1661.
The charter that the English law should be applied to the natives also and the
opened the charter door for the introduction of English law in India
8. JUSTICE OF PEACE AND ADMINISTRATION OF JUSTICE
IN CRIMINAL MATTER
Under the charter of 1726 the governor and council (5members of council)were to
be the justice of Pease and they were also to exercise the criminal jurisdiction.
They had power to arrest and punish persons for petty criminal offences.
The justice of Pease in India were also to act as court of over, terminer and goal
delivery and were empowered to hold quarter session, four times a year for the trial
of all offences excepting high treason committed within the presidency town &
subordinate factories.
Three justice of the peace were to constitute a court of record and were to exercise
the powers of the aforesaid court of oyer, terminer and goal delivery trails at quarter
session were to be held with help of jury.
The procedure adopted by these courts were to be similar to procedure adopted
by the similar courts in England.
The English ideas and procedure of criminal justice were introduced in the
presidency towns.
9. LEGISLATURE
The governor and council of each presidency towns were empowered to make
laws and by-laws, rules and ordinances for the regulation of the corporation and the
inhabitants of the settlements concerned and they could prescribe punishment for
the breath of such by-laws ,rules or ordinance .
The by-law ,rules and ordinance so made and punishment so prescribed were to
agreeable to reason and not contrary to the laws and statues of England and they
were not to be effective unless approved and confirmed by the court of directors of
the company in England .
10. MERITS
The charter of 1726 for the first time made provision for the introduction of
uniform judicial system in all three presidency towns Bombay ,madras ,Calcutta the
mayors court to be established under the charter were to derive their authority from
British crown and east India company .
Charter intended to introduce such courts in India as having status equivalent to
that of the court in England.
Mayors courts were follow well define procedure based on English law &
procedure the charter of 1726 introduced the system of appeals from India to the
privy council in England.
Charter of 1726 opened the door for the introduction of English law India.
Charter attempted to make judiciary independent of executive .
11. DEMERITS
Executive was given wide judicial power to mayor court was not empowered to
try criminal cases.
Governor and five senior members were empowered to try criminal cases.
Judges of mayors court were laymen and not a person learned in law.
There was no specific mention in charter about the jurisdiction of mayors court
where both the parties were native.
Representation of Indians in mayors court was negligible mayors court was too
much English ridden.
Conflict between mayors court and governor in council .
12. SHIMPI WOMEN CASE
There was a Hindu women shimpy of caste subsequently she embraced Christian
religion. She was converted into roman catholic religion. There upon her son of
10years left her and begin to reside with his grand parents upon this the women
proceeded in mayors court claiming the custody of a child . The mayors court
decreed the suit in the favor of the mother ordering custody of the child to her. To
this the grand parents of the child and her custimen proceeded appeal to the
governor –in- council. The governor in council decided suit as under he declare that
the mayors court had only one type jurisdiction & that is civil and testamentary
jurisdiction, under the charter of 1726 .The matter in the case pertaining to religion
and cast which was beyond the jurisdiction of mayors court and set a side the decree
of mayors court.
