The Charter of 1726 established new local governing bodies and courts in the three main towns (presidencies) of British India. It created a subordinate legislative authority in each town and established a Mayor's Court in each, consisting of a Mayor and nine aldermen. The Mayor's Courts had civil jurisdiction over legal cases and power to administer estates. They followed English legal procedures and defendants could appeal decisions to the Governor-in-Council, with further appeals allowed to the King-in-Council in London for cases over 1000 pagodas. The Charter also introduced Justices of the Peace to administer criminal justice locally.
The Charter of 1726 established new local governing bodies and courts in the three main towns (presidencies) of British India. It created a subordinate legislative authority in each town and established a Mayor's Court in each, consisting of a Mayor and nine aldermen. The Mayor's Courts had civil jurisdiction over legal cases and power to administer estates. They followed English legal procedures and defendants could appeal decisions to the Governor-in-Council, with further appeals allowed to the King-in-Council in London for cases over 1000 pagodas. The Charter also introduced Justices of the Peace to administer criminal justice locally.
The Charter of 1726 established new local governing bodies and courts in the three main towns (presidencies) of British India. It created a subordinate legislative authority in each town and established a Mayor's Court in each, consisting of a Mayor and nine aldermen. The Mayor's Courts had civil jurisdiction over legal cases and power to administer estates. They followed English legal procedures and defendants could appeal decisions to the Governor-in-Council, with further appeals allowed to the King-in-Council in London for cases over 1000 pagodas. The Charter also introduced Justices of the Peace to administer criminal justice locally.
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 –
MANILA ELECTRIC COMPANY, petitioner, vs. NELIA A. BARLIS, in her capacity as Officer-in-Charge:Acting Municipal Treasurer of Muntinlupa, substituting EDUARDO A. ALON, former Municipal Treasurer of Muntinlupa, Metro Manila, respondent.