Mayer courts and courts of requests
Established under Charger 1687
Charter of 1726 and Mayer Court - in Legal History
Mayors court.
This was established in Madras initially.
Brief History
- Charter of 1600
- British Settlements of Surat (1613 - 1687)
- British Settlements at Madras (1639 - 1726)
- British Settlement at Bombay ( 1668 - 1728)
- British Settlement at Calcutta (1690 - 1727)
Important Charter of Legal History
- Charter 1687 : Brought by East India Company and established corporations , Mayer courts were re-modeled.
- Only 2 courts : Admiralty court and Mayer Court
- Mayer and Admiralty Courts were established.
- Most of India was ruled by Mughals in 1726
- British was having territory was under Bengal , Orissa, Madras and Bombay
- East India was developing fast under the Trading, Commercial and Political
- King George I : Was Ruling King : 24 Sep 1726 Charter was issued to Company
- Mayor : Is the Head of Corporation.
- Earlier Mayer was Supported by Alderman 12
- Remodeled to 09 Aldermen 07 Englishmen 02 other nationality
Necessity of Mayer Court :
- Judicial administration and working of the court in the presidency town was unsatisfied
- British trade was increasing in turn British Population was growing resulting crime was increasing, more cases were coming to court
- The judges were supposed to apply English law but, then being mostly laymen, did not have adequate knowledge according to their own common sense of Justice.
- Encouraged by Successful working of corporation at Madras , the company wanted to establish similar corporations in Bombay and Calcutta
- Company was desiring that court control should be in well competent authority to work out to court with settling down of uniform judicial administrations , resulting uniform rules and systems in corporations in presidency town.
- Many Englishmen who settled in India and leaving behind considerable movable and immovable property. This created problems before company relating to distribution and disposal of asset, to address these issues company was in requirement of court where testamentary (Related to will) cases could be settled
Provision
- Establishment of Corporation at Bombay and Calcutta like Madras
- (Similar like present in Madras)
- Mayer's Court in Presidency Town
- Court was impowered to handle Civil court
- 01 Mayer and 02 Alerman was quoram
- Court has sitting less than thrice in week
- Appeals were going to Governing council
- More than 100 Pagodas ( Gold Coin equal to 3 Rs then) was to be settled in King in council
- Crime and Punishments
- Mayer court Jurisdiction was Civil and Testamentary cases
- Mayer court had no Jurisdiction in Criminal cases
- For Criminal cases : Justice of Peace was formed
- Governor and 5 Senior member were appointed having authority to
- Arrest the person accused of crime
- Punish in Petty cases
- Juri trial in Criminal Cases
- Juri has been of important role in Criminal administration in England
- Charter provide aid in deciding criminal cases with the help of
- Grand Jury (For Big Criminal Cases) 23 Persons
- Petty Juri (Small offences) - Number not defined can fluctuate
- Legislative Power
- Charter empowered Governor in Council to make Law and Rules for regulation of corporation
- Had power to give punishment according to these law
Composition of Mayer Court
- 01 Mayer
- 09 Aldermen -> 07 Englishmen and 02 of any nationality
- First Mayer and First Alderman was selected by Charter only
- Aldermen were to hold office for life or till their residency in the town
- Aldermen could be removed by Governor in Council as and when required
Difference between Charter 1686 and Charter of 1726
|
Court under
Charter 1686 |
Court under
Charter 1726 |
|
Company Court |
Crown Court |
|
Both Civil
and Criminal Cases were handled No
Testamentary Cases to handled |
Only Civil
and Testamentary Cases |
|
Mayer’s Court
appeals to lay in Admiralty Court |
Appeal used
to lay in Governor and Council |
|
Corporations’
composition of 12 Aldermen 3 Englishmen
9 of any nationality |
Corporations’
composition of 9 Aldermen 7 Englishmen
and 02 from any nationality |
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