Early Madras judicial system adopted by British East India company

1. Administration of Justice in Madras
1639-1726
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2. 2
Black town
White town

3. • The Charter of 1683, empowered the
company to establish the Court of
Admiralty.
• To control illegal trade and unauthorized
trading activities of independent trades
on the high seas.
• The crime of piracy was also rampant on
the high seas
• This court was to try all the cases of
Mercantile and all offenses committed
on the high seas. 3

4. For the first time in the legal history of the
Indian judicial system that learned person
in law was appointed to preside over the
court.
All the cases were to be tried according to
equality and a good conscience and the
laws and customs of the merchants.
The Court was to consist of a person
who learned civil law and two merchants
appointed by the Company.
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5. The Mercantile law in 1683 could be regarded
as a mixture of mercantile customs, the
base of which was Roman Law.
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6. The Court of Admiralty was started in Madras
on 10th July 1686.
Early stage, the court was under Governor and
three council members.
In 1687, the Company appointed Sir Biggs, a
professional lawyer learned in Civil law, to
act as judge-Advocate
The court exercised a much wider jurisdiction
and dispensed justice in all cases; civil,
criminal, maritime, and mercantile.

7. A professional lawyer came to the scene to
administer justice.
The executive gave up judicial functions in
favor of the Admiralty.
The court used a jury in criminal but not in
civil cases.
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8. • Sir Biggs died in 1689.
• As no other qualified person was available in
the settlement to take his place,
• The company appointed the Governor as the
Judge of Admiralty with the help of two
council members and a jury.
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9. Governor and two council members,
associating with them two merchants, an
American and a Hindu
In 1692, a new Judge John Dolben, and within
a short time was dismissed from the service
on the charge of taking bribes.
After the removal of John Dolben, the
Governor and Council started hearing
appeals from the Admiralty Court.
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10. Third stage
1687-1726
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11. The third shape of the judicial system of Maras was
given by the Charter of 1687.
The company created a Corporation in Madras
• Mayor
• 12 Aldermen (3+9)
• 3 English, 3 Hindus, 1 Frenchman,2 Portuguese,
3 Jew or Americans
• 60 Burgesses ( 30+ 30)
• Recorder
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12. First Mayor and Aldermen nominated by the
company.
The mayor and Aldermen constituted the court
and all of them being laymen, a man well
versed in law was attached to the court known
as Recorder.
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13. The Mayor and the three senior Aldermen were
to be the Justice of peace.
These Mayor and Aldermen were to form a
court of record known as the Mayor court.
The court was authorized to try all civil and
criminal cases.
In criminal cases…..
The quorum of the Court was fixed at three
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14. • Witnesses were examined by the Bench
• No Lawyer appeared from any side
• The court dispensed justice not according to
any fixed law.
• Cases were decided based on good conscience
and the rules and regulations of East India
Company.
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15. • Appeals from Mayor’s court lay to
• the Admiralty court.
• 1712 the Governor and Council decided that
it could award death sentence to the
natives only.
• This Company’s courts continued up to
1726 when the entire judicial structure was
created by the company at various places in
India.
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16. The Admiralty Court
Law expert
Two Merchants
The Court of Judicature
Governor and Council
The Mayor Court
Mayor
3 Aldermen
The Choultry Court
Three Aldermen
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