92 



THE PREDECESSORS OF THE 



that Communion, and that although the Priests of that Church 

 are allowed to grant such Probates or Letters of Administration 

 to such as require the same of them, yet they have no authority 

 to examine or decide any controversy between man and man, 

 or to do or execute any other judicial act whatsoever." 55 



The view of the law as to the Wills and Estates of Natives 

 taken by the Company's Counsel continued to be followed 

 till the establishment of the Supreme Court in 1801, the 

 Mayor's Court making no distinction with regard to its 

 ecclesiastical jurisdiction between the British subject and the 

 Native, and the Court of the Recorder that succeeded the 

 Mayor's Court following the practice of making all alike 

 amenable ; but the moment the Supreme Court was established 

 the line was drawn, and Probates of Wills and Letters of 

 Administration were not granted in the case of Native 

 estates. After a few years, however (probably during the 

 Chief Justice Sir Thomas Strange's visit to England in 

 1805-6), the practice was introduced of granting Probates and 

 Administrations to Natives upon their own spontaneous 

 application, but it was repeatedly declared by the Court that 

 in no instance would it cite or use any means towards compel- 

 ling natives to come in and prove Wills or take out Letters 

 of Administration, or grant them to creditors to the prejudice 

 of the next-of-kin ; and in 1812 it was decided that a Native 

 representative of a deceased native was not bound to take out 

 Letters of Administration in order to be entitled to sue in 

 favour of the estate. 56 



The provisions of the Charter extending the authority of 

 the Sheriff and the jurisdiction of the Court of Oyer and 

 Terminer to a space within ten miles of the Town of Madras, 



55 Wheeler's Madras, vol. iii, p. 64. 



56 CheUummal v. Garrow. Strange's Notes of Cases at Madras, vol. ii, 

 p. 1 ; and see Reg. Ill of 1802, sec. 16 ; Reg. V of 1829 ; Act XIX of 1841 ; 

 Act XX of 1841 ; Act XXVII of 1860 ; the Hindu Wills Act, XXI of 1870 ; 

 and the Probate and Administration Act, V of 1881. 



