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As Mayor and Alderman did not have legal knowledge the provision was made for the appointment

of the recorder of the


Court. He helped the Mayor regarding the cases and he also got the power to vote just like Alderman. The Recorder of the Court
was required to be skillful in the law as well as the servant of the Company. The Charter appointed the Judge Advocate Sir Biggs as
the 1st Recorder. Only in the year 1712 the court got power to give death sentence to native people.

The Mayor Court did not follow uniform punishment for the same crime. It depends on the Judge discretion for this, the
reason was that the Mayor and his team did not have any legal knowledge. Sir Biggs got the experience of working as a recorder in
the London but here in Madras the problem was that Sir Biggs sat in the Admiralty Court were went. But company ignored this fact
after the death of Biggs. No recorder was appointed. Like this in the period 1686 to 1726 in Madras three Courts Functioned.

1)    Mayor’s Court
2)    Choultry Court
3)    Admiralty Court.

After 1704 Governor and Council heard the appeals from the Mayors Court as Admiralty Court to stop function. In this
period also the Criminals were so long kept in jails, that even people forget the crimes. Justice system was very slow and no one
bothered. The capital punishment was given by hanging. Robbery was punished with death, witch craft was punished with fine.

ADMIRALITY COURT –

            In 1683 King Charles II issued a Charter. It empowered the Company to establish Courts of Admiralty in India. The Court of
Admiralty was authorized to try all traders who committed various crimes on the high seas. The court was empowered to hear and
determine all cases concerning maritime and mercantile transactions. The court was also authorized to deal with all cases of
forfeiture of Ships, Piracy, Trespass, Injuries and Wrongs. It was stated that the court would be guided by the laws and customs of
merchants as well as the rules of equity and good conscience in the task of administration of justice.

            The provision of the Charter of 1683 was repeated by James II in a charter issued in 1686. On 10 th 1686 the court of
admiralty was established at Madras John Grey was appointed judge of the court and to assist him 2 other English man were
appointed as his assistants on 22nd July 1687. Sir John Biggs who was a Professional Lawyer learned in Civil law was appointed as
Judge Advocate in Chief Judge of the Court.  

            Thereafter the Governor and Council relinquished the judicial function and ceased to sit as court. The Jurisdiction of the
Admiralty court was not confined to Mercantile and Maritime Cases. It also decided both civil and criminal cases. Further it heard
appeals from the Mayor’s Court. Thus it became a General Court of the Settlement. The Admiralty court was functioning regularly till
1704, but thereafter it ceased to sit on regular basis and gradually it disappeared, and its jurisdiction was transferred to the
Governor and Council.

THE CHOULBY COURT –

            The old Choulby Court was recognized and allowed to continue by the Governor. The number of Judges was increased to
Three – Two Judges were required to preside over the trail of cases. The Court met 2 days in each week. The court was
empowered to try civil cases up to 50 Pagodas (Pagoda was a gold Coin, One Pagoda was equivalent to 3 Rupees) and petty
criminal cases. The High Court of Judicature was authorized to hear appeals from Choulby Court.

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