i” = = OUTLINES OF INDIAN SEGAL eIgTORY ERTENSIUN OF Tek COURT'S JURISDIETLON The limits of the teititerial jutiedietion of the Supreme Cinrt came to be extended in 180. ‘The Company acquied Benaces and olticr tersitories fom the Nawab Vizier of Oudh. By an Act, 3 and go Geo. TH, e.79,8.20, paseed by the British Parliament in 1800, the jurisdiction of the Supreme Court was exlended to Benaras and to all Tactories, districts and places subject to the Presidency of Fort Willem in Bengal.CHAPTER VHI SUPREME COURTS AT BOMBAY AND MADRAS mvrRopucroRt In the presidency towns of Bombay and Madras, the judi- clal system, inaugurated by the Charter of George HI in 1753, continued in operation for a longer period han it did at Caloutta, Ip course of time, it was realised that the existing courts, civil as well as criminal, were utterly inadequate to discharge effectively the important function of administering justice. The population, trade and commerce of these places increased considerably, Comparatively mote technical, intei- cate and complicated ismues and causes began to come before the Mayors’ Courts for decision, and so, it was thought ta be desirable to appoint qualified and trained lawyere as Judges. The Governor and Council at each presidency town formed the Criminal Court of Oyer and Terminer and Gaol Delivery. They also were lay persons, not being very well versed in crimi- nal law and procedure, ‘The nature of criminal cases coming before thern far decision had changed since 1753. They became more technica! and complicated than what they used to be earliec, Foran efficient administeation of criminal justice also, it was expedient to have persons who by their training, quali- fications and egal knowledge might be more suited to be Judges, and be sble to discharge the arduous judicial functions more efficiently. Non-lawyers as Judges in the Courts appeared to be an anachzonism in view of the changed context, It was ‘but absolutely necessary to have professional lawyers ag Judges, In 1797, therefore, to reform the existing judicial systems in Bombay and Medras presidencies, the British Parliament, passed on Act* authorising the Crown to supersede the judicial arrangements of 1763 and establish the Recorders’ Courts instead THE RECORDERS’ COURTS. _ Each of the Recorders’ Courts consisted of the Mayor, 1, 37Goo. Hl, Cap, 1a. TabQUTLONES OF miptaw LEGAL HISTORY thee Aldeemen and a Recorder. ‘The Recorder was to be appwinted by His Mudesty. ‘The Recorder was to be a lawyer of not fens than five years! standing. He was to be the President of the Court. The Recorder's Court was to bea court of record. Ié was to have full power and authority to exercise and perform all Civil, Criminal, Eoclesinstical, and Admiralty jurisdiction. ‘The jurisdiction, powers and authority ta be conferred on the Recorder's Court by the Royal Charter to be isnued by the Crown in pursanee of the Act of 1797, were to be on lines stoullar to those of the Supreme Court of Judicature at Cal- cutie, Like the Supreme Court at Caleutta, the Recorder's Court was to bea Court of Oyer and Terminer and Gaol Delivery for the respective settlement. é ‘The jurisdiction of the Recorder's Court was to extend ower the British subjects, resident within the tervitories of the respective settlement es well as those residing in the territory ‘of native Princes in alliance with the government. The Re- corder’s Court was authorised to hear and determine all com- pisinta against any of His Majesty's subjects for any crime, misdemeinoue amd oppression committed by them, oc any suitor action against them. The Recorder's Court was to venercise jurisdiction an any person, who was employed by, oF was directly or indirectly in the seruice of, the Company or any of His Majesty's subjects. All the testrictions imposed on the Supreme Court of Judicature at Fort Willigm by means of the Act of Settlement of x7Be, were also extended to the Recorder's Court, Accord. ingly, the Recorder's Court weg not to have any: juriediction or authority in any matter concerning revenue. No person ‘was subject to dts jurisdiction by reason of his being a landow- er, landholder, or farmer of tand revenue. The Governor and Council of the settlement was to be dremune from errest. No action against them, either individually or collectively, could be entertained by the [Recarder's Court for anything dane by them in their public capacity, 122SUPREME COURTS AT BOMUAY AND MADRAS Each of the Recorders’ Courts was to have full power and authority to hear and determine all uits or actions that might be brought against the inhabitants of each ef the respective presidency towns of Bombay and Madris in matters of succession and inkeritancs and mattors of contract hhotween patty and pavty, the Recorder's Court, like the Supreme Court at Calcutta, was to administer Hindu Lavo to the Findus, Mehammedan Law to the Muslims, and the lawof the defendans if partios belonged to diferent voligfous pursuasions. No action for wrong or injury was to be entertained against a person exercising a judicial office in x court in the country. ‘The juris- diction of the Recorder's Court in this bebalf was to be the same as that of the Calcutta Supreme Court. ‘Appeals from the decisions of the Recorder's Court were to lie to the King in Council, practically on the same basis as the appeals from the Supreme Court at Calcutta * ‘The Recorder's Court sbsosbed into itself the Mayor's Court and the Court of the Oyer and Terminer and Gaol Delivery consisting of the Governor and Council in each of the two settlements, COURTS OF REQUESTS ‘The Act of 1297 made an important change in the juris diction of the Courts of Requests existing in the three presi- dency towns. of Calcutta, Madras and Bombay under the ‘Charter of 1783". ‘The process of these Courts had been found to be very convenient and beneficial for the decision of petty elvil suits, The Charter of 1733 had fixed the juris- diction of these Courts at five pagodas. The Actof 1797 extended their jurisdiction to eighty rupees. RECORDER'S COURT V, MAYOR'S COURT In pursuance of the Act of 1797, George III, King of England, ised Charters establishing Recorders’ Courts at Bombay and Madras presidency towns, ‘The Chartets were 1 See Page 49+ ‘133 Sa ee eet2 i s real sagen (OUTLINES OF INDTAN LEGAL HIsToRY issued on Febricary 1, 1708; the terms: and conditions, can- tained therein, and the powers end jurisdiction conferred by them an the Recorders’ Courts, were on lines prescribed by the Act af 1997, which were. similar to the Supreme Court of Judicature st Fort William under its Charter of Justice, the Regulating Act and the Act of Settlement 2781, From the pint of view of composition, the Recorder's Churt was the old Mayor's: Court with the addition of a lawyes, asthe Recorder, to be appointed by the Grown, ‘The Mayer's Couit consisted of Judges who were entirely ignorant of law or legul procedure. These lay Judges were not in a position tu Jmmdle effectively the technical and delicale legal problems that constantly arose due to the espinsion and development ‘of the presideney towns. [i had become essential te introduce some logal element in the Mayer's Court, aid it wasasa consequence of this realization that the Recurders’ Courts at the two-settiements had been created. A Recorder's Court, due to the presence of a professional hiwyer, was a much more effective insteument of justice than ite predecessor the Mayor's Court Bexides, the Recorier's Court differed in some important respects from the Mayor's Court. The Recorder's Coust was a court of eivit as well as criminal jurisdiction ; the Mayor's Cautrt was a court of civil jurisdiction only, An appeal from the. Mayor's Court ly t the Governor and Council & further appeal from the Governor and Council, in all cages beyond ro00 pagerdas, lay to the King in Council, Appeals fram the decisions of the Reeorder’s Court, on the other hand, lay dizectly i the King in Council in all cases above roge pagodas, There was no intermediary court of appeal between the Recorder's Court and the King in Council. No decision of the Mayor's Court was final, aaan appeal in every case could be made to the Governor and Council. But the decisions of the Recotder’s Cauct in cases valuing less that tooo pagodas were Snal. The Charter of 1753 fad exémpled suits “among the aa