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obtain in writing prior approval and confirmation of such rules, by-laws, etc.

from the Court of


Directors of the Company. It is, therefore, said that the Charter of 1726 for the first time
created
a subordinate legislative authority in each of the three presidency town of India.
2) Mayor’s Court –
The Charter of 1726 provided for the establishment of a Mayor’s Court for each of the
presidency town. It was to consist of the Mayor and Nine Aldermen were required to be
present
to form the quorum of the Court. The Mayor’s Courts were declared to be Courts of Record and
were authorized to try, hear and determine all Civil Cases. The Mayor’s Court was also granted
testamentary jurisdiction and power to issue letters of administration to the legal heir of the
deceased person. It was authorized to exercise its jurisdiction over all persons living in the
presidency town and working in the Company’s subordinate factories.
The procedure of the Mayor’s Court was clearly laid down by the Charter. The Sheriff,
an officer of the Court, was appointed by the Governor – in – Council every year to serve the
processes of the Court. On the written complaint of the aggrieved party the Court issued
summons directing the Sheriff to order the defendant to appear before the Court. In case the
defendant failed to appear on the fixed day, a warrant was issued by the Court asking the
Sheriff
to arrest the defendant and present him before the Court to face the charges. The Court was
empowered to release the defendant on such bail or security as it considered suitable. The
judgment of the Court was followed by a warrant of execution issued to the Sheriff to
implement
the decision. The Sheriff was authorized to arrest and imprison the defendant. The whole
procedure of the Court was based on the procedure as adopted by the Courts in England.
An appeal was allowed to the Governor – in – Council from the decision of the Mayor’s
Court in each presidency town. A period of Fourteen Days, from the date of judgment, was
prescribed to file an appeal. The decision of the Governor – in – Council was final in all cases
involving a sum less than 100 Pagodas. In case the sum involved was wither 1000 Pagodas or
more, a further appeal was allowed to be field to the King – in – Council (His Majesty’s Privy
Council) from the decision of the Governor – in – Council. Thus the Charter introduced a new
system of first and second appeals, making the King of England the ultimate fountain of justice
for litigants in India.
3) Justice of Peace –

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