The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday February 23 1925

The learned writer referring to the rsult of researches made by the historical study of English law during the present and the latter part of the last century both in England and America shows that the views of Coke and Blackstone that jury trial was granted er guaranteed by the Magna Carta is without any foundation. [...] The barons in their combination against King John were not only anxious to protect themselves against the arbitrary power of the king but to fence off and prohibit the jurisdiction of the comon law Courts of the kingdom as to themselves and hence arose the much misunderstood expresion in Magna Carta that they should be tried solely by the judgment (not a jury) of their peers. [...] The main cause of the misconstruction of this section is the use of the words " No freeman should be molested in ways above made illegal." But it is.vety clear from a history of the times and from the conditions of society that the word " freeman " which is the translation given to th t ' term Giber Isom" applied only to owners of a knigh fee. [...] It is in this respect that the thirty-ninth section of Magna Carta is reactionary." Holdsworth further says that the words " by the law of the land" referred only to the previous mode of trial by battle odeal or compurgation ; that is the barons were seeking for a trial for themselves by their peers that is by other barons : and on p. 8.1 of the same volume he says : There is no his. [...] 7 of the Limitation Act (Act XV of 1877) is applicable to the Indian Registrtion Act (Act III of 187.7) and whether the said Registration Act is a complete code in itself and the decision was that the Registrtion Act being a special Act complete in itself the provisions of sec.