On the Administration of Justice in the British Colonies in the East Indies |
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adjudication administration of justice admitted appeal Aumeens Bombay British Calcutta cast Ceylon character cial circumstances civil causes colonies Commons in 1819 Company's consideration Constitution of India Court of Directors court of Sudder courts of justice criminal law degree district moonsifs duties East-India Company effect England English English language established European judges executive government expediency expense Governor Hindoo law Hindostan History of India House of Commons inhabitants institutions introduction of trial Judicial and Revenue judicial system jurisdiction jurymen justice in India Kandian war language Leith Mahomedan ment native judges observed officers opinion Papers laid Persian persons present presidency of Bengal presidency of Madras Price prisoner Privy Council proceedings provincial courts punishment qualifications regulations render respecting Revenue Selections rules rupees servants Sir Henry Strachey sitting upon juries Sudder Adawlut Sudder Dewannee Adawlut suits supreme courts tion trial by jury witnesses zillah courts zillah judges
Popular passages
Page 107 - Native juries, at the same time that it has increased the efficiency and dispatch of the Courts, and has relieved both prisoners and witnesses from the hardships which they incurred from the protracted delay of the criminal sessions, has, independent of the savings it enabled the Ceylon Government to make immediately on its introduction, since afforded that Government an opportunity of carrying into effect, in the judicial department of the island, a plan for a permanent saving of ten thousand pounds...
Page 104 - Judge, the jury having a right to examine, and the prisoner to cross-examine any of the witnesses ; when the case for the prosecution is closed, the prisoner states what he has to urge in his defence, and calls his witnesses, the jury having a right to examine, and the prosecutor to cross-examine them, their evidence being taken down by the Judge ; the prosecutor is seldom or ever, except in very particular cases, allowed to reply, or call any witnesses in reply.
Page 100 - Judges, •who were not only Judges of law, but also Judges of fact, experienced in ascertaining the degree of credit which they ought to give to Native testimony ; and finally, from the delay in the proceedings of the Court, which were productive of great inconvenience to the Government which defrayed their costs.
Page 107 - No man whose character for honesty or veracity is impeached, can be enrolled on the list of jurymen. The circumstance of a man's name being upon the jury-roll is a proof of his being a man of unexceptionable character, and is that to which he appeals, in case his character be attacked in a court of justice, or in case he solicits his government for promotion in their service.
Page 109 - Majesty, as appears by the addresses contained from page 16 to page 50, in the printed papers herewith sent. The charge delivered by my successor, the present Chief Justice of the island, in 1820, contains the strongest additional testimony which could be afforded of the beneficial effects which were experienced by the British Government from the introduction of trial by jury amongst the natives of the island. (See that charge in pages 289 and 290 of vol..
Page 100 - European judges, who were not only judges of law, but also judges of fact, experienced in ascertaining the degree of credit which they ought to give to native testimony, and finally from the delay in the proceedings of the court, which were productive of great inconvenience to the witnesses who attended the sessions, and great expense to the Government which defrayed their costs. The obvious way of remedying these evils in the system of administering justice was, first, to give the natives a direct...
Page 108 - ... in their adherence to truth : the right of sitting upon juries has given the natives of Ceylon a value for character which they never felt before, and has raised in a very remarkable manner the standard of their moral feelings. All the natives of Ceylon who are enrolled as jurymen, conceive themselves to be as much a part, as the European judges themselves are, of the government of their country ; and therefore feel, since they have possessed the right of sitting upon juries, an interest which...
Page 64 - I have mentioned, and much more difficult to remove, is tome too palpable to be overlooked ; I mean that arising from Europeans in our situation being necessarily ill qualified in many points to perform the duties required of us as judges and magistrates. Nothing is more common...
Page 108 - British settlements, so far from sharing the smallest symptom of dissatisfaction, took, during the very heat of the war, the opportunity of my return to England, to express their gratitude through me to the British Government for the valuable right of sitting upon juries, which had been conferred upon them by his present Majesty, as appears by the addresses contained from page 16 to page 50, in the printed papers herewith sent.
Page 104 - ... out of which the jury is to be formed; he continues to draw the names out of the urn, the prisoner having a right to object to five peremptorily and to any number for cause, until he has drawn the names of thirteen jurymen who have not been objected to...