Download A-Chaters of the East India Company-1600, 1661, 1726, And 1753 Andsettlements PDF

TitleA-Chaters of the East India Company-1600, 1661, 1726, And 1753 Andsettlements
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13. In Bombay 10th February 1728

14. In Calcutta December 1727 the implementation of charter started.

15. The company directed the courts to maintain records and send them to England
to know how they are working.

16. With these establishments common Indians also start to file the more and more
cases in the courts.

17. Mayors Court, Governor, and Council always got disputes regarding jurisdiction
in presidency towns. This fights resulted into the weakening of Judiciary in the future
and executive became powerful.

18. Company adopted policy not to get involved in the Indian customs and disputes
but if the matter went to the Mayors Court they adopted English procedures.

The Charter of 1753: The Crown’s Charter of 1753 amended suitably the
former Charter of 1726. In Morley’s Digest a reference to Rankin has been made
saying that it expressly excepted from the jurisdiction of the Mayor’s Courts all suits
and actions between the Indians only; henceforth they were to be determined
among themselves unless both parties submitted them to the judgment of the
Mayor’s Courts. This provision is said by Morley to be the first reservation of their
own laws and customs to natives.

The Charter made the Mayor’s Courts subservient to the Governors in Council
by giving the latter the power to choose Mayors and Aldermen. Each Corporation
had to elect annually from the Aldermen two persons and present their names to
the Governor in Council in whom was vested the final choice of Mayor. According to
Love the vacancies among Aldermen were to be filled from the inhabitants of the
town by the Governor in Council and this affected the autonomy of the Mayor’s
courts.

Settlements: Surat, Madras,Bombay and Calcutta.

Settlement at Surat: Equipped with small powers and privileges, the Company
started its trading career in India. Surat, then a famous sea-port on her western
coast, emerged as the first English settlement in 1612 under the imperial
permission. Gradually other settlements followed. Surat factory with a President and
council, appointed by the Company in 1618 became its principal trading station
having authority over factories.

Justice at Surat: The Company was already clothed by the Crown with the power
to administer justice and constitute judicial authorities in the areas covered by the
factories in India. The Indian Emperor had also given liberty to the English to govern
themselves according to their own laws. Consequently, the President and members
of his council at Surat, who were the Company’s executive officers in India, were

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constituted a judicial authority. They administered justice to Englishmen both in civil
and criminal cases. Cases of capital offences were to be submitted to the verdict of
a jury. Being laymen, the decided cases according to their own ideas of justice and
fair play, though English laws was supposed to be applied. At this stage the
executive was the exclusive judicial authority.

The native judiciary suffered from many drawbacks; it was unpopular and corrupt.
The English often exploited this situation to their own advantage. Instead of being
tried by the local tribunals in cases where natives also formed parties, they took law
into their own hands to extract justice from the natives by themselves.

Surat disappeared from the scene of the British trade in 1687 when the
headquarters of the President and Council were shifted to Bombay.

Settlement at Madras: Madras is the first and one of the three Presidency
towns. Its settlement arose out of a grant made by the local Raja in 1639 who
empowered the Company to erect a fortified factory on a strip of land, to mint
money and to govern the village of Madras-patanam, on condition that half the
custom and revenues of the port should be paid to the Raja. The new station was
named Fort St. George and an Agent and Council took over its charge in 1641 under
the control of Surat Presidency. It acquired the English and Europeans, was later
designated as white town and the village area of Madraspatnam inhabited by the
natives, as black town. The whole establishment ultimately developed into the
modern city of Madras.

Madras constituted the first territorial acquisition by the English but, for a long time,
it was not regarded as an absolute gift conferring sovereign rights on the Company
but a fief held under the suzerainty of the native rules. It appears that in 1752 the
English tenure of Madras and the limited area around it became absolute, though
the company did not expressly assert its sovereignty.

Settlement at Bombay: Before the Company’s settlement the Island of
Bombay was ceded in full sovereignty to the Crown in 1661 by the Portuguese King
under marriage treaty of that year. By then Portuguese laws and customs were
firmly established. The English took over administration of the Island in 1665, but
they did not generally interfere with the existing civil and judicial arrangements
though not satisfactory, till 1670 but when in 1668 the Crown transferred the Island
by Charter of 1668 to the Company at a quit-rent of 10 pound per annum company
empowered to make laws and ordinances for the good government of the Island and
its inhabitants. The company was given authority of government and command in
the Island with power to repel any unwanted force. It was also empowered to take
into its service willing officers and soldiers of the crown, thus forming “the nucleus
of the Island was given military powers to be exercised in cases of mutiny or
sedition.” Later on the Company was authorized to coin money at Bombay. To start

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