The Expansion of the Common Law

Cover The Expansion of the Common Law
The Expansion of the Common Law
Frederick Pollock
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But in fact our courts in India do not profess, outside the limited statutory jurisdiction of the High Courts of the Presidency towns over European British subjects, to administer English law as such. In the early days of our trading settlements, European merchants were presumed, according to the universal custom of Asia, which was also the custom of merchant communities in Europe in the Middle Ages, to carry their own law with them. A charter of Charles H., due to the sfoquisition of Bombay, s...eems to have oontemr plated the establishment of a court or courts to administer the law merchant to traders. It does not appear that this provision came into efEect : in any case the subsequent adoption of the law merchant by the Common Law super- THE LAW OF REASON. 133 seded it. A century later, and on the other side of India, the East India Company's courts, in the territory which the company governed as the nominal delegate of the Mogul emperors, aimed at doing justice according to the native laws of the suitors.

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