The History and Constitution of the Courts and Legislative Authorities in India - Herbert Cowell - Google Books

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TABLE OF CONTENTS.

EARLY HISTORY: THE GRANT OF THE DEWANNY,

Introduction-Commencement of established institutions-Character of ante-

cedent history-First introduction of Europeans into India-Early history

of the East India Company-Territorial acquisitions-Fall of the Mogul

Empire-Aggressive policy of the Company-Settlement in Bengal-

Position of the English before their Conquest-Legislative Authority of

the Company during that period-Charter of Elizabeth-Of James I

-Of Charles II-Of William III-Charters of 1726 and 1753-Judicial

Authority of the Company during that period-Necessity for obtaining

it-Early Charters-Mayors' Courts-Jurisdiction of the Governor and

Council-Mayors' Courts and Courts of Requests-Subjugation of

Bengal-Civil Disorders and Anarchy-Elements of Civil Order-

Relations of the Mogul, the Nabob, the Crown and the Company-First

Attempt to re-organize Society-Absence of Legitimate Authority-No

Judicial Coercion over Europeans-Reforms of Lord Clive-Necessity for

Grant of Definite Authority

EARLY HISTORY: THE REGULATING ACT.

Grant of the Dewanny-Its Consequences-Antecedent Position of the Native

Courts-Native Agency in Civil Justice retained till 1772 under Super-

vision-The Company's Supervision thereof-Authority of Native

Dewans-Supervision gradually extended-Native Agency in Criminal

Justice retained-The Company's Supervision thereof-Change of

Policy-The Company undertake the Administration of Civil Justice-

Also of Criminal Justice-Chief Criminal Court-Chief Civil Court-

Character of Warren Hastings' Plan of 1772-Interference of English

Government and Public Opinion-Policy of the Directors-Policy of

Parliament-The Regulating Act-Provisions for Executive Govern-

ment-For Legislation-For Establishment of Supreme Court-The

Charter-Its Jurisdiction as a Common Law Court-As an Equity Court-

As a Criminal Court-As an Ecclesiastical Court-As an Admiralty

Court-Appeals from the Court to the Privy Council-Indefinite Terms

of the Act and Charter-Relation of the Court to the Council-Powers

of the Court, and Conduct of the Judges-The Result-Failure of the

EARLY HISTORY: THE SETTLEMENT OF 1781.

Consequences of the Regulating Act-Political events immediately preceding

it-The new Council-Its dissensions-First exercise of power by the

Supreme Court-Character of its proceedings-Consequences thereof-

Upon the Revenue and Civil Justice-Upon Criminal Justice-Proceedings

of the Court against individuals-Proceedings of the Court against the

authorities-Crisis of the disputes-Conduct of Parliament-Conduct of

the Company-Conduct of the Judges-They did not exceed their

jurisdiction-Act of 1781-Limits set to the jurisdiction of the Supreme

Court-The Governor-General and Council excepted therefrom-English

Law no longer applicable to Natives-Power to frame suitable process-

Recognition of the Provincial Courts-Indemnity-The Settlement of

1781-Indefiniteness of the jurisdiction-Distinction between Presidency

Towns and Mofussil perpetuated-Conclusion

THE LEGISLATIVE COUNCILS.

Two-fold power of legislation given-Extent of the first power-Extent of

the second-Excessive exercise of the powers-Parliamentary recognition

thereof-Mode of exercising legislative power prescribed-Legislative

power at Madras-At Bombay and Madras-At Bombay-Extent of the

power-Extension of legislative authority in 1813-Power of taxation-

Sanction of Directors necessary-Jurisdiction of the legislature-

Regulations to be laid before Parliament-Reservation of sovereignty

of the Crown-Power to make Articles of War-Customs-Power to

alter the revenue and impose new taxes-Statute Law in 1834-Necessity

for reform in the legislature-The Act of William the Fourth-Provisions

relative to legislation-Indian Law Commissioners-Local legislatures

superseded-Articles of War-Conclusion

THE LEGISLATIVE COUNCILS.-(Continued).

Reform of the Council in 1853-Nature of the changes made-Effect thereof-

The Legislatures of 1834 and 1853 compared-Advantages of the new

system-Desire for local Legislatures-Despatch of Lord Canning-His

proposal to establish local Legislatures-View of the English Govern-

ment-The Indian Councils' Act 1861-The Governor-General's Council-

Assent to Laws-Legislative powers of the Council-Legislative power of

the Governor-General-Local Legislatures at Madras and Bombay-

Previous sanction of the Governor-General necessary to certain bills-

Power to the Governor-General in Council to establish other local

Legislatures-Power of Legislatures so established-Local Legislature in

Bengal-Character and functions of the Councils-The Statute law.

LATER HISTORY: THE PRESIDENCY TOWN SYSTEM.

The Presidency Town system-Duration of the Supreme Court at Calcutta-

Inconveniences of the double system-Extension of criminal jurisdiction-

Of the Admiralty jurisdiction-Gaol Deliveries-Jurisdiction extended

over the Province of Benares-Madras and Bombay-Recorders' Courts

established in 1797-Supreme Court at Madras-Supreme Court at

Bombay-Discussions at Bombay-Inferior judicial authorities-Courts

of Requests-Small Cause Courts-Justices of the Peace-Subject to the

control of the Supreme Court-Appointment of Justices of the Peace-

Their jurisdiction and powers-Presidency Town Magistrates-Coroners-

Rival judicial institutions-Tendency to amalgamation-Conclusion

LATER HISTORY: THE PROVINCIAL CIVIL COURTS.

Foundation of Civil Courts-Establishment of Supreme Court-Rival estab-

lishments of the Company-Changes in the scheme of 1772-Native

authority restored-Effect of the changes-Separation in 1780 of Civil

and Revenue Jurisdiction-Struggles between Civil and Revenue Courts-

Sudder Dewanny Adawlut-Finally established by Act of Parliament-

Re-union in 1787 of Civil and Revenue Jurisdiction by Lord Cornwallis-

Changes in the Courts to effect that object-Second separation in 1793 of

Civil and Revenue Jurisdiction-Reasons for that separation-Duties of

Collectors-Courts of Dewanny Adawlut-Sudder Dewanny Adawlut—

Provincial Courts of Appeal-Lower grades of Judges-Changes in the

Civil Courts in 1831-Gradual re-union, 1793-1831, of Civil and Revenue

Jurisdiction-First step towards re-union-Second step-Third step-

Civil and Revenue Jurisdiction united for the third time (1831)-Further

extension of the Collector's jurisdiction-Suits cognizable by the Collec-

tors under Act X of 1859-Control over the Collectors-Opposition to

the passing of Act X of 1859-Consequences of the Act-Third separation

of Civil and Revenue Jurisdiction-Act VIII of 1869 (B. C.)-Further

history of the Civil Courts-Necessity for their re-establishment-Madras

Courts-Inferior tribunals-Bombay Courts-Revenue jurisdiction in both

THE PROVINCIAL CRIMINAL COURTS.

Criminal Justice in early times-Sudder Nizamut Adawlut-Mahomedan

law-Governor-General supersedes the Nawab Nazim-Police administra-

tion in early times-Scheme of Warren Hastings-Civil Judges appointed

Magistrate-Further measures-System of 1793-Sudder Nizamut

Adawlut-Courts of Circuit-Abolished in 1829-Replaced by Commis-

sioners of Revenue and Circuit-Criminal jurisdiction of Zillah Judges-

Sessions Judges-Sessions Court Act of 1871-Criminal Justice in

Madras-Criminal Justice in Bombay-Sudder Nizamut for the North-

West Provinces-Police in Bengal-Supervision of police by Magistrates-

Zillah Judges declared to be Magistrates-Police in Benares-Assimilated

to Bengal Police Officers - Darogahs - Mohurrahs -- Jemadars —

Watchers-Control of Commissioners of Circuit-Police in Madras-

Police in Bombay-General condition of the Police-Sir Charles Napier's

reform of it in Sind-North-West Provinces--Bombay and Punjab--

Oudh--Madras--Act V of 1861.

THE PRIVY COUNCIL.

Introduction-History of the Privy Council-Growth of its authority-

Struggles to repress it-Its extravagant powers under the Tudors-First

exercise of appellate jurisdiction over the Colonies-Loss of jurisdiction

in England-Nature of the present jurisdiction-Appeals from India-

From the Supreme Court-From Bengal Sudder Court-From Madras and

Bombay Sudder Courts-Fate of appeals-Power of the Council to

entertain appeals-Limited by Legislature-And by Charters-No appeals

in cases of felony-Act of William the Fourth-Act of the Governor-

General in Council-Charters of the High Court

THE SUPERIOR COURTS.

Separation between Courts of Presidency Town and Mofussil-In laws and

procedure-First attempts to amalgamate them-Abolition of Supreme

Courts-Bill introduced to establish High Courts-Indian High Courts

Act-Charters of the High Court-Civil jurisdiction of Bengal High

Court - Original — Extraordinary original — Appellate - Insolvent-

Criminal-Maritime-Testamentary and intestate-Matrimonial-Madras

and Bombay High Courts-North-West Provinces-Result of the estab-

lishment of High Courts-Punjab Chief Court-Retention of the old

Presidency Town System-Insolvency Courts-Insolvency jurisdiction in

the Mofussil-Vice-Admiralty Courts-Divorce Courts

THE INFERIOR CIVIL COURTS.

Courts of British Burmah-Recorders' Courts-Existing Courts in Burmah-

Judicial Commissioner-Chief Commissioner-Recorder of Rangoon-

Non-Regulation Territories-Central Provinces-Jhansi Division of the

N. W. P.-Punjab-Oudh-Scinde, Aden and Coorg-Appellate Procedure

in these Courts-Civil Courts in Bombay-Civil Courts in Bengal-

Powers of High Courts over the Civil Courts-Of the District Judge-

Madras-General observations-Small Cause Courts-Act IX of 1850-

Act of 1864-Mofussil Small Cause Courts-Reservation of older

THE INFERIOR CRIMINAL COURTS AND POLICE.

Introduction-New Criminal Procedure Code-Three proposed alterations-

Suggestions of the Local Government-Report of the Committee-Criminal

liability of Europeans-The Criminal Courts established by the Code-

Distinction between the three classes of Magistrates-Magistrate of the

District-Of the Division-Special Magistrates-Courts of Session-

Powers of Criminal Courts over Europeans-Powers of the Magistrate-

Powers of the Sessions Judge-Powers of High Courts-Police Adminis-

tration generally-As modified in Bengal-In Bombay Presidency-In

Madras Presidency-In the Presidency Towns-Bombay-Calcutta-

Suburbs of Calcutta-Madras-North-Western Provinces-Justices of

the Peace-Coroners

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