Mayor Court Final

Establishment of Mayor’s Court – 1726
Introduction:
The Mayor’s Court was established in India in by The Charter of 1726 at

Madras, Calcutta and Bombay which were East India Company’s Highest
Courts in British India. The East India Company till 1726 had no power to
manage Capital Offences and Capital Punishments, to all the Presidencies with
only Civil Jurisdiction being applicable. The Charter was issued by King George
on Twenty Fourth September (1726) to the Company. Mayors Court was
specially empowered to hear cases against The Company.
The requirement of Establishing Mayor’s Court: The need for establishing a

Mayor’s Court was felt as before 1726 different judicial systems were working
in British India. Since there were different Judicial Systems the servants of The
East India Company at different settlements were governed by a different set
of rules. Thus, there was a lack of uniformity in The Justice System and the
same offence would carry a different punishment at different settlements.
There was an absence of a Competent Court in India which could Supersede all
the other courts.
Mayor courts under charter of 1726

1-The Charter of 1726 established Mayor’s Court at Madras, Bombay and
Calcutta consisted of a Mayor and 9 Aldermen.
2-Mayor and 7 Aldermen were to be English and the rest were subjects of
princely Indian States friendly with Britain.
3- The Mayor holds office for one year. The Aldermen hold office for lifelong.
Every year the outgoing Mayor and Aldermen elected a new Mayor out of the
Aldermen.
4-The Mayor and Aldermen filled up the vacancy of Aldermen from among the
inhabitants of the Presidency Town.
5-The Governor in Council could dismiss the Aldermen on reasonable ground.
6- The Mayor Court was to be the Court of record.
7-Under the Charter of 1726, the Mayor Court could hear all civil cases arising
in the Presidency Town and its subordinate factories.
8-The appeals of the Mayor Court would be heard by the Governor and Council
in cases for less than 1000 pagodas and the appeals from the Governor and
Council were heard by the King in Council (The Crown’s Privy Council) in
England for cases over the value of 1000 or more Pagodas.
9-The Mayor’s Court was also given further powers to provide Probates of wills
of the deceased and to punish any person guilty of contempt.
10-As the Charter no law was mentioned in the Charter the English law was
used to govern both the natives and Englishmen and the Mayor’s Court was to
function on the same procedure as followed in England.
**The Governor and Council were to appoint a Sheriff who was the officer of
the Mayor’s Court. His tenure was for a period of one year. On the written
complaint provided by the plaintiff, the court issues the summons by directing
the sheriff to order the defendant to appear in court on a set date and time
fixed by the court. If the defendant doesn’t comply with the orders of the
court, the court would issue a warrant directing the sheriff to arrest the
defendant and present him before the court. The court could grant release to
the defendant on bail or security. Warrants of execution were issued by the
Court to the implementation of judgments. On receiving the warrant the
sheriff was to implement its judgment. (Learn in chronological order)
Justice of peace and administration of justice (Important…must mention in

answer) - Under the Charter of 1726, the justice of peace were the Governor
and the five senior members of the Council. The justice of peace could hear
petty criminal offences and punish and arrest offenders. Three justices of
peace were to form a Court of Record. Working of Mayors court - For the
better governance of the presidency towns the Governor and Council of each
presidency town were given powers to make their own bylaws, rules, and
ordinance. Punishment could be provided for the breach of any bylaw, rules,
and ordinances. Any punishment prescribed and bylaws, rules, and ordinance
made were to be agreeable to reason and the English law.
Differences bw Mayor court of 1687 and 1726
1- The Mayor’s Court under The Charter of 1687 drew the powers from The
East India Company while The Mayor’s Court under The Charter of 1726 drew
its power from The Crown.
2-The Mayor’s Court under The Charter of 1687 was a Company Court while
The Mayor’s Court under The Charter of 1726 was a Crown Court.
3-The Charter of 1687 established a Mayor’s Court only at Madras while under
The Charter of 1726 established Mayor’s Court at all The Presidency Towns at
Madras, Chennai and Bombay.
4-The Mayor’s Court under The Charter of 1687 was a Court of Equity while
The Mayor’s Court under The Charter of 1726 was a Court of English Law.
5-The Mayor’s Court built up under The Charter of 1687 arranged the portrayal
of the locals on the court. The Crown’s Mayors Courts did not have any such
portrayal, however, there was no arrangement for the same under The Charter
of 1726
Changes introduced to the Charter of 1753
Organisation of mayor’s courts
Changes introduced to the Charter of 1753 Organisation of mayor’s courts

Under the Charter of 1726 the Mayor was appointed by the Aldermen. The
Mayor filled the vacancy among the Alderman and the remaining Aldermen
were filled by the members of the town. This system of appointments was
changed in the Charter of 1753. Under this Charter, the Governor and Council
had the power to appoint the Aldermen and the Mayor. While appointing the
Mayor a panel of names of two Aldermen was to be submitted to the Governor
and Council. Among the two names sent the Governor and Council would
select one name for the office of the Mayor.
Jurisdiction of the mayor’s court
Under the Charter of 1726 the jurisdiction of the charter was uncertain which
became one of the important causes for the conflict between the Mayor’s
Court and the Governor and Council. In the Chart of 1753 attempts were made
to bring about certainty in the jurisdiction of the Mayor’s Court. Under the
Charter of 1753, the Mayor’s Court was given expressive rights to hear cases
against the Mayor and aldermen, but under such a situation the parties of the
dispute were not allowed to sit as Judges of the Court. Similarly, they were also
to hear suits against the East India Company. The Charter of 1753 also clearly
instructed that the Mayor’s Court had no jurisdiction in cases concerning
native citizens unless both the parties agree to submit the case in front of the
Mayor’s Court

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Establishment of Mayor’s Court – 1726

The Mayor’s Court was established in India in by The Charter of 1726 at

The requirement of Establishing Mayor’s Court: The need for establishing a

Mayor courts under charter of 1726

Justice of peace and administration of justice (Important…must mention in

Organisation of mayor’s courts

Changes introduced to the Charter of 1753 Organisation of mayor’s courts

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