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CHOULTRY

COURTS
-VATSAL GALA (A-09)

51001190017

Before 1726, the judicial institution in the city of Madras developed in several stages. The first
phase began with the foundation of Madras in 1639, upon acquiring a piece of land by the
British Company, known as White Town, inhabited only by Europeans and British. The village
Madrasapatnam was under administrative control and renamed as Black Town, where only
Indians settled. Two separate and distinct bodies existed to administer justice, the Agent and
Council for White Town and the Choultry Court, the customary court for Black Town.

Originally, Madrasapatnam had its own system of village administration which was not
interfered with by the English for some time to come. There was a village headman known as
Adigar, that is, Adikari, who was responsible for the maintenance of law and order. He
administered justice to the natives in the Choultry court according to long established usages.
Choultry Court was present in Madras to decide cases up to the value of 20 pagodas. This Court
continued to adjudicate matters until 1774, when some temporary arrangements were made by
the directors of the company and the Choultry Court was temporarily abolished, but it began
functioning again in 1775 and continued until 1800. It was a court of small jurisdiction deciding
petty matters of civil nature and breaches of peace. In 1654, for the first time two British
servants of the company replaced the Adigar and with his help became judges at the Choultry
to do justice during alternate weeks. But in 1663, English judges gave way to the original
inhabitants, though again and finally in 1665, English servants of the company were appointed
in their place to bring justice to all people in Madrasapatnam without unequal favour,
suppression or arbitrary will. They used to watch the administration of justice in the court twice
a week. This court enforced the laws and customs of equity and good conscience. This court
became the general court of the city for practical purposes in establishing all civil and criminal
cases. This court functioned until 1704.

After the Mayor’s court’s emergence, the Choultry Court lost its importance and served as a
court of small jurisdiction trying offenses up to 2 months and civil cases. In criminal cases, it
gave penalties, imprisonment, pillory, whips or slavery as punishment. It was then continued
with a reduced jurisdiction. Two of the Aldermen who were justices were required to sit twice
a week to deal with petty crimes and matters of a civil nature for the valuation of up to 2
pagodas. Thus, the Choultry became a tribunal of petty jurisdiction. The civil jurisdiction of
the Choultry Court was removed from the Court's request in 1753, but it continued with its
criminal jurisdiction until 1800.

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