HC in possession of 215-year-old regulations passed by the British

Twenty three regulations were passed on January 1, 1802 “for the internal government of the British territories immediately subject to the presidency of Fort St. George”.

January 1, 1802 holds significance in the history of the State since it was when 23 regulations were passed, with the first one being “a Regulation for forming into a regular code, all regulations that may be enacted for the internal government of the British territories immediately subject to the presidency of Fort St. George.”

Even after 215 years, the Madras High Court, established by Letters Patent granted by Queen Victoria in 1862, is in possession of a compendium of not only those 23 regulations but also 13 other regulations passed during the year on varied subjects ranging from embezzlement of public money to establishment of new courts.

The preamble to the first regulation passed in 1802 read: “It is essential to the future prosperity of the British territories, immediately subject to the presidency of Fort St. George, that all regulations which may be passed by Government, affecting in any respect the rights, persons or property of their subjects, should be formed into a regular code.”

The first Regulation provided for printing copies of translations “in the Persian, Telinga and Tamul (sic) languages or in any other of the country languages which the Governor in Council may be pleased to direct.”

It went on to state that “the courts of justice should be bound to regulate their decisions by the rules and ordinances which those regulations may contain.”

The second Regulation was for establishing and defining the jurisdiction of the Courts of Adawlut or Courts of Judicature for the trial of civil suits.

The preamble to the regulation stated “great incovenience” had been experienced due to collectors of revenue also being vested with the duty of administering justice.

Hence, it was decided that the offices of a judge or magistrate and collector of revenue should be held by different individuals and Zillah courts established in “Conjeveram, Cuddalore, Mayaveram, Manargoody, Trinevelly, Dindigul, Ramnad, Daraporam, Bowaneicoil, Salem, Kishnagherry, Guntoor, Rajahmundry, Masulipatam, Cocanada, Muglatore, Vizagapatam, Vizianagrum, Chicacole and Ganjam.”

Interestingly, the Regulation said the Zillah courts should not entertain suits “under any pretence” within the town of Madras or the limits of the Supreme court of judicature at Madras and even defined the boundaries. It read: “The southern limit shall be the southern bank of the Saint Thome river as far as the road leading to the Long Tank” and “the limits shall then be continued in a northern direction along the bank of the Long Tank and from thence along the bank of Nungumbaukam Tank as far as the village of Chettapet upon the banks of the Poonamally river.”

It also said the “limits shall be continued in the same direction to the villages of Kilpaukum and Paremboor and from the latter village, it would take an eastern direction to the sea so as to include the whole village of Tandearpetta.”

The eighth regulation was for establishing a Foujdarry Adawlut or the Chief Criminal Court for the trial of criminal cases and it said “in trials for murder, the head cauzy and muftis shall deliver their futwahs or opinions upon the case according to the doctrines of Yusuf and Mahomed.”

A reading of the entire compendium provides a much larger insight into the customs, practices and laws that were in force in the State over two centuries ago.