to new and foreign circumstances. For want of such experience England was destined to lose her colonies in the Western hemisphere. For want of it mistakes were committed which imperilled the empire she was building up in the East. The Regulating Act provided insufficient guidance as to points on which both the Company and the supreme court were likely to go astray; and the charter by which it was supplemented did not go far to supply its deficiencies. The language of both instruments was vague and inaccurate. They left unsettled questions of the gravest importance. The Company was vested with supreme administrative and military authority. The Court was vested with supreme judicial authority. Which of the two authorities was to be paramount? The court was avowedly established for the purpose of controlling the actions of the Company's servants, and preventing the exercise of oppression against the natives of the country. How far could it extend its controlling power without sapping the foundations of civil authority? The members of the supreme council were personally exempt. from the coercive jurisdiction of the court. But how far could the court question and determine the legality of their orders?

Both the omissions from the Act and its express provisions were such as to afford room for unfortunate arguments and differences of opinion.

What law was the supreme court to administer? The Act was silent. Apparently it was the unregenerate English law, insular, technical, formless, tempered in its application to English circumstances by the quibbles of judges and the obstinacy of juries, capable of being an instrument of the most monstrous injustice when administered in an atmosphere different from that in which it had grown up.

To whom was this law to be administered? To British subjects and to persons in the employment of the Company. But whom did the first class include? Probably only the class now known as European British subjects, and probably not the native inhabitants of India' residing in the three

+2

diction Act

at angid have been didie Jt to i
the one capacit; the Compah,
of an irresponsable de spot, in!
bound by the provision, of ch
It was natund that the Co
act in the former capacity
Oriental principles of gover
delike and spicion by Eve

found unintelligible and
deeped in the tradition

In the latter half of
familiar with: itining
priate formule for de
h..
been for peo

1

1

H.

WI

? Was

And in exemption

by the Act and

is conflicts between

el there were, as Sir

heads of difference

ipreme court.

e court to exercise juris

ation, to the extent of
if a writ was served
pit culminated in what

~. :n which the sheriff and
execute a writ against

mpany of sepoys acting

The action of the council

ties in England, and thus

the victory of the council

the jurisdiction of the court cers of the Company employed Scotrupt or oppressive acts

septin 177

This jurisdiction

by the express provisions of

his exercise caused them

de nacht of the supreme court

scotheers of the Company for

what hey believed, or said they

This question arose in the

Pra case, in which the supreme court gave judgement hey do cages to a native plaintiff in an action against Sof the Patna provincial council, acting in its judicial ity. Impey's judgement in this case was made one of the reds of impeaclement against him, but is forcibly defended Sir James Stephen against the criticisms of Mill and ers, as being not only technically sound, but substantially fast. Hestings endeavoured to remove the friction between the supreme court and the country courts by appointing Impey judge of the court of Sadr Diwani Adalat, and thus vesting in him the appellate and revisional control over the country courts which had been nominally vested in, but never exercised by, the supreme court. Had he succeeded, he would have anticipated the arrangements under which, some eighty years later, the court of Sadr Diwani Adalat and the supreme court were fused into the high court. But Impey compromised himself by drawing a large salary from his new office in addition to that which he drew as chief justice, and his acceptance of a post tenable at the pleasure of the Company was held to be incompatible with the independent position which he was intended to occupy as chief justice of the supreme court.

Act of

In the year 1781 a Parliamentary inquiry was held into Amending the administration of justice in Bengal, and an amending 1781. Act of that year1 settled some of the questions arising out of the Act of 1773.

The governor-general and council of Bengal were not to be subject, jointly or severally, to the jurisdiction of the supreme court for anything counselled, ordered, or done by them in their public capacity. But this exemption did not apply to orders affecting British subjects 2.

The supreme court was not to have or exercise any jurisdiction in matters concerning the revenue, or concerning any act done in the collection thereof, according to the usage and practice of the country, or the regulations of the governorgeneral and council 3.

21 Geo. III, c. 70.

2 See Digest, s. 106.

3 Ibid. s. 101.

provinces, except such of them as were resident p
of Calcutta. But the point was by no means cie

What constituted employment by the oppor
a native landowner farming revenues so en plove i
doubtful cases on whom lay the burden of proy zo, v- usation
from or subjection to the jurisdiction !

tomses

he public
himself,

I farm, or

y ordinary
ssession or

18.

ne sec inity for the

These were a few of the questions falsify charter, and they inevitably led to senous cor the council and the court.

In the controversies which followę · James Stephen observes, three an between the supreme council and tre

I

These were, first the dailes Gr Golf
diction over the whole nove popius 15.
making them plead to the jusi, 36109 1
on them. The quarrel 1 x I buit (..
was known as the Constju ob care
his officers, when accupons Ex t...
a zemindar, were diven dit by a red -
under the orders of the au

1'3 WI.

1

oved by the

nel, or by a

n to become

jurisdiction in Iard singular the nheritance and all matters of party, shall be y the laws and Gentus by the one of the parties .ws and usages of

in any matter

any matter

tin actions for

of the parties. Pames, &c., of

a for the adminis-
the Company first
gion of the personal

the head-up of the Roman
proteas by territorial law. As
Pagan
and note thereon.