HIGH COURT OF MADRAS. 



91 



An order had been previously made by the Mayor's Court 

 on the 5th June 1733 that causes not exceeding twenty 

 pagodas, or less than five, should be heard in a summary 

 way. 53 



Difficulties appear also to have arisen under the clause of 

 the Charter authorizing the Mayor's Court to grant Probates 

 and Letters of Administration. The Court doubted whether it 

 had power to grant Probate of a "Will or Letters of Adminis- 

 tration to a Native of India where the deceased was likewise 

 a Native of India ; and whether the next-of-kin of Indians 

 could sue persons amenable to the jurisdiction of the Court 

 without having obtained Probate or Letters of Administra- 

 tion, and the two questions were with others submitted by the 

 Court of Directors to Counsel, who advised that the Court 

 might make such grants ; and, 2nd, that Probate or Admin- 

 istration should be taken out. 54 



It is probably to this that the following proceedings of the 

 Governor and Council refer : — 



" Friday, 16th October 1729. There being some mistakes 

 arisen from the orders this year received from our Honorable 

 Masters relating to proving Wills in the Portuguese Church ; it 

 is agreed that a note be affixed in the several languages at the 

 Sea and Choultry Grates and at the Portuguese Church to explain 

 the same ; and to give notice that any person of the Komish 

 Communion is at liberty to take out Probates of Wills or Letters 

 of Administration in that Church, but that they are not compelled 

 to do it. *Also that by so doing they are not entitled to a right 

 of suing any subject of England, or other person who is not of 



53 General Letter to Madras, 11th February I756 r para 28. 



54 General Letter to Madras, 13th March 1761, para. 154. The Judges of 

 the Mayor's Court were not required to be, and in fact never were, persons 

 educated in the knowledge of those laws by which they were bound to decide, 

 and, being justly sensible of their own deficiency, frequently applied to the 

 Court of Directors to lay particular points respecting their jurisdiction before 

 Counsel, and to transmit the opinion of such Counsel to be the guide of their 

 conduct. Seventh Report of the Committee of Secrecy, 6th May 1773. 



