DEVELOPMENT OF ADMINISTRATION BY THE BRITISH IN INDIA

(PERIOD 1639-1726)

ADMINISTRATION OF JUSTICE IN PRESIDENCIES:

Justice of Peace:

The Governor and 5 senior members of the Council would have criminal
jurisdiction and would be justice of peace.

Some cases were finalized in these courts:

Arab Merchant’s Case:

An Arab Merchant brought a suit in the Mayor’s Court for the recovery of the
valuable pearls which were alleged to have been escorted from him by a man
who saved him from the burning boat at the coast of Gujarat. The Mayor’s
Court consulted the Governor in Council. The Governor upheld the jurisdiction
of the Mayor’s Court. It suggested the Mayor’s Court not to try the case as the
defendant had been previously hired for piracy regarding the same occurrence
and acquitted.

The Mayor’s Court ignored this and decreed the suit. This was reversed by the
Governor.

Hindu Woman’s Case: (1730)

A 12 year old boy (Hindu) left his mother and began to live with his relatives,
since his mother became Roman Catholic in Bombay. The mother filed a suit
for the custody of the boy in the Mayor’s Court. The Court ordered the
relatives to hand over the boy to his mother. On a complaint filed by the head
of the caste, the Governor in Council held that the Mayor’s Court had no
power to decide cases of religious nature or caste disputes of the natives. The
Governor removed the Mayor from his office.
Pagoda Oath Case:

In Madras, Hindus gave evidence in the Court on Bhagwad Geetha Oath. Two
Hindu Merchants were put to jail by the Mayor’s Court for refusing to take the
pagoda oath which they said was contrary to their religion and the rules of the
castle. This made the Hindu Residents very furious and they approach the
Governor to interfere. So Governor released those merchant on parole. At the
same time the Court was directed to pay regard to the religious rites and
ceremonies of the natives.

Re-electing as Mayor Case:

In 1734, a conflict arose over the Mayor’s re-election. Naish was re-elected as
Mayor but the Governor refused to allow him to take the Oath of Office on the
ground that an outgoing Mayor could not be re-elected under the Charter of
1726. Ultimately another Mayor was to be elected.

Mayor and Secretary Betting Case:

Terrain the Secretary to the Madras Government and Mayor Naish met at a
dinner party and entered into a bet which Naish lost and refused to pay.
Terrain sued him in the Mayor’s Court which ruled that Mayor was immune
from prosecution. The Government later complained that its secretary had
been treated with indignity by the Court.