By Keith Arthur. Berriedale

This booklet, first released in 1936, offers a accomplished description and research of each constitutional point of British rule in India from 1600 to 1936. starting with an outline of the East India corporation earlier than Plassey, its structure, management of settlements, and relation to the Indian states, the e-book closes with an account of the reforms of the Nineteen Thirties, the occasions major as much as the White Paper and an research and elucidation of the govt of India Act 1935.

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It continued to be operative for many years. At an uncertain date there were adopted, and were enforced in 1729 at any rate, selections from the articles of war which were 1 Anson, The Crown (ed. Keith), ii, 203. 3 THE COMPANY BEFORE PLASSEY 34 [Chap. ' These articles were applied in 1747 by the Madras government to their forces, 2 and in 1748 the regulations framed by the Company itself provided that military offences should be tried according to the rules, customs, and articles of war in His Majesty's service.

The Company certainly at the outset took the natural view that the new court was essentially a court to deal with what ranked in English law as Admiralty causes. St. John, however, was not acceptable to John Child at Surat, and his work as chief justice ceased in 1685 (March 27th) and he was removed from the Admiralty Court two years later. But before this Sir Josiah Child had shown a new interpretation 1 Cf. JoannaFernandez v. De Silva (1817), Morley, Digest, i, 214. Sec. ' From a series of letters sent to the presidencies it is clear that he arrogated to the Company absolute power to legislate and exercise jurisdiction at its pleasure.

The Court of Judicature was temporarily held also by Dr. St. John as chief justice, but he failed entirely to meet the wishes of the two Childs, for, fortified by the fact that he held a commission from the King as well as from the Company, and embittered by the Company's refusal to continue him in charge of the Court of Judicature, he set up extravagant claims of judicial independence. In Thorburn's case,' where the Court of Judicature, under the new head John Vaux, had condemned him, he argued that the court had no right to try a mercantile cause, his jurisdiction being exclusive, but this was clearly an impossible claim, and appears to have been negatived.

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A Constitutional History of India, 1600-1935 by Keith Arthur. Berriedale

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