Mayor's Court in the year of 1753 under Legal History
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Added: Jan 05, 2025
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Mayor’s court of 1753 under the charter act: Made by: Dhruv chauhan
Mayor court of Indian legal history:
Reason behind establishment of mayor court: The conflicts and clashes between mayor’s court & governor general and council created much confusion and chaos in the presidencies in india . Therefore the company requested the british king to a fresh charter so as to introduce suitable amendments in the earlier charter of 1726, Another reason was that in September 1746. Madras fell under the French occupation. And due to it, for merely three years, the madras corporation which was established under the charter of 1726,ceased to function. Therefore the company needed a fresh charter from british crown.
Features of mayor’s court Revival of mayor’s courts with the modification: The british king George-2 generated a new royal charter in 1753 for the precidencies of madras, Bombay and Calcutta. The co-operation of madras which ceased to function because of French occupation was revived again.
Continue…….. 2. Mayor’s courts were subordinates to the governor & council: In order to end the restrained between the mayor’s court and the governor & council, the charter of 1753 brought the corporation of each precidency under the control of council by changing the mode of appointment of mayor and the alderman.
3. Natives were to be governed by their own rules or laws: The charter of 1753 provided that the mayor’s court were not to try civil actions between natives such actions being left to be decided by the natives themsleves . The mayor’s court could decide only those cases of the natives in which both the parties consented to accept the jurisdiction and decision of the court.
4. Depositing of court fee by the litigant: The charter provided thet the litigant would deposite the amount of court fee with government & not with the court. This was intented to case the burden.