The administration of justice in the Straits settlements, 1819 –1855 / Elissa Nasim

Elissa , Nasim (1959) The administration of justice in the Straits settlements, 1819 –1855 / Elissa Nasim. Undergraduates thesis, Universiti Malaya.

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Abstract

The administration of justice in the straits settlements, 1819–1855 / Elissa Nasim This academic exercise deals with the administration of justice in the Straits Settlements from 1819 to 1855. Due to the great breadth of the subject, I found that it was only possible to present the main events in the administration of justice during those years. This exercise takes up the story of justice in the Straits Settlements from the year 1819 the year in which Singapore was founded. But if there is to be any continuity in the story of justice in the settlements, one vmuld have to talk about the administration of justice in fenang from its founding, 1786, to 1819. To five the details of this story lies beyond the purposes of the present exercise, but I have attempted in the first chapter to give a sketch of the story of justice in Penang from its founding to 1819. For the rest of the first chapter, I have nainly attempted to present the problems that existed in Singapore and fualacca before the grant of the 1826 Charter. In the case of Singapore there vms the problem of the lex loci, the creating of courts and of a police force, and in the case of Malacca there was the problem of the lex loci. I have tried to show what early measures were taken to overcome these problems and how the 1826 Charter partially or wholly solved them. Chapter two takes up the story from 1826. The quarrel between Governor -Fullerton and the he Recorder, Claridge, the effect of the change in the Government in 1830 on the administration of justice and the lack of admiralty jurisdiction are outlined. The Charter of 1826 is shown to be partly ineffectual. In the third chapter, the relations between executive and judiciary are detailed and examined. I have shown how the non-independence of the judiciary and interference from the executive of ten resulted in friction between the Recorders and the Government officials. This friction b etvTecn the Recorders and the Governors at times detracted from the efficient and smooth working of the administration of justice. The dissatisfaction with the judicial system of the Settlements and the reasons for this dissatisfaction are presented in the fourth Chapter. The dissatisfaction was so widespread and loudly voiced that a third Charter of Justice, 1855, was granted to tre Straits Settlements. It remedied matters temporarily by providing one Recorder for Penang and Province Wellesley and another for Singapore and Malacca. In the last Chapter, the conclusion, I have attempted to assess and examine the events detailed in the previous chapters I have shown that the judicial system was greatly improved on by 1855. Thus I have concluded the story of the administration of justice in the Straits Settlements with the year 1855.

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