Page images
PDF

Remarks by the Commander-in-chief—In publishing the charges, finding and sentence in this case, the Commander-in-chief feels it his duty to state, that in conse9 uence of the prosecutor, Brigadier-General Salter, having deemed it requisite that His Excellency should **onally give evidence on the trial, it seemed right to His Excellency, with the view of obviating any suspition that might possibly exist of the case not having been disposed of with perfect impartiality, to transmit the Proceedings for approval or otherwise, to His Excellency the Commander-in-chief in India.

Sir Henry Fane has approved the finding and sen. tence of the court ; but in reference to that part of the sentence which provides that Colonel Baumgardt shall be reprimanded in such manner as the Commander-inchief of the Bombay army shall direct, he has expressed his wish that the task of giving it effect should remain in the hands to which the court had committed it. His Excellency however, at the same time, pronouncing it highly necessary that the proceedings of Colonel Baumgardt should be remarked on in the language of strong censure.

Under this intimation, it becomes the duty of Sir John Keane to observe, that the conduct of Colonel Baumgardt, as developed in these proceedings, has throughout the whole transaction been quie unbecoming his position in the army.

It appears in evidence, that Colonel Baumgardt, in a letter to Major-General Willshire, made an incorrect statement relating to the conduct of Brigadier-General. Salter, his superior officer, and the commander of the division, to which he (Colonel Baumgardt) belonged.

As soon it was known to Colonel Baumgardt, that the statement referred to was inaccurate, and of that fact he could not be left in doubt, for it was established by the finding of a Court of Enquiry, which he himself had called, and the proceedings of that court were by himself communicated both to the Commander-in-chief in India and to the Commander-in-chief of Bombay; it obviously became incumbent on him, to undo the injury which in a momoment of rashness or in advertence, he had cominitted. The feelings of an officer and a gentleman, it might have been expected, would make him ever eager

[blocks in formation]

Commander-in-chief, and with which he had not chosen to comply, sent for Colonel Baumgardt, and, in the presence of the division staff officer, put to him the question whether he had written the letter to General Willshire already mentioned. The answer was in the affirmative, and Colonel Baumgardt was proceeding to offer explanations, when General Salter ordered him to be placed in arrest, telling him that the time for explanation had gone by.

In the view the Commander-in-chief takes of this case, it signifies not whether Colonel Bauingardt originally looked on his letter to Major-General Willshire in a public or private light. Relating as that letter did, to the promotion of an officer of his regiment to a vacant company, Major-General Willshire, under all the circumstances of the case, which were very unusual, deemed it his duty to communicate it to higher authority; and when Col. Baumgardt was apprised of this having been done, and received from the Commander-in-chief the advice before mentioned, he has bound to regard the letter as a public document and to act on the advice so offered; and even independently of this view of the case, Colonel Baumgardt's own feelings should have promtped him to repair the wrong, which he had unwittingly done, introducing on false information the character of the general officer commanding his division, to that officer's militay superiors. Yet in the defence, made by Colonel Baumgardt before the court-martial which the Commander-in-chief considers as placing his military judgment in a most unfavourable light, i. uniformly seems anxious to make it appear, that himself, and not General Salter, is the injured party.

The Commander-in-chief would hold out this case to officers of all ranks, as an example of conduct to be avoided, should they be betrayed into the commission of an act injurious to the feelings or the reputation of another, and especially of those to whom they own peculiar respect, their first duty and their most honorable course, on being made aware of their error, is to resort to a frank and ingenious acknowledgment, rather than, by maintaining a stubborn silence, to convert the unintentional into a wilful injury.

The Commander-in-chief has exprienced the utmost pain in finding himself compelled by a sense of duty to comment in these terms on the conduct of an officer of such high rank and long standing in the army, as Colonel Baumgardt; but His Excellency felt that he had no alternative, and Colonel Baumgardt can only impute to his own misjudgment and obstinacy the unpleasant situation in which he is placed.

In conformity with the sentence of the court, Colonel Baumgardt is hereby reprimanded; and he is to be released from arrest and to return to his duty.

By order of His Excellency, Lieut. Genl. Sia John KEAN, Commander-in-chief.

Head Quarters, Bombay, 18th January, 1838.

[Bombay Herald, Jan. 17.

SUPREME COURT.

MINUtes of Decree of The 14th November 1837.

Chistopher Martin and Decree and declare, that

others versus Robert (pursuant to the report of the

Spankie, Esq. &c. (Judicial committee of Privy

and the other causes. Y Council of his late most Graci. ous Majesty William the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, defender of the faith and so forth, and the order of his late majesty thereon made on the first day of March 1837, so much of the Decree of the Supreme Court of Judicature at Fort William in Bengal, dated 23d February 1832, whereby it is “ Decreed and declared that the said testator, Claude Marten, having been by birth a subject of the King of France, and having been at the time of his death an alien, the lands and houses in Calcutta alledged in the pleadings to have been held by the said testator at the time of his death, with the exception of the interest of the said Testator in the house at Chaund Paul Ghaut, which previously to the Decree of the 2 days of December 1822 had been sold, and by the said Decree was declared to have been a part of the personal estate of the said Testator, could not, according to the law of England be devised nor pass by the said will of the said Testator. And whereby it is declared, that there are not the proper parties to these suits nor sufficient evidence before the Court as to the lands or houses or

boundaries of Calcutta, but in places which at the time
of the death of the said testator were within the presiden-
cy of Fort William, or the provinces, subject to, or form-
ing part of the said presidency, which might have come
to the hands of the said Executors or any receiver ap-
pointed by the said Court, or might thereafter be re:
ceived by any such receiver, and might have beeu paid
or might thereafter be paid to the Accountant-General
and Sub-treasurer of the East India Company, (with the
privity of the Account-General of the said Court) ought
to be ascertained, set apart and placed to the credit
of another separate and distinct account. And whereby
it was referred to the Master to enquire and report, what
part of the funds then standing to the general credit of
these causes had arisen from the rents and profits, with
the accumulations of interest rheteon, of any of the lands
or houses situate in Calcutta (with the exception as
before mentioned of the house at Chand j".
declared by the decree of the 2d of December 1822 to
have been part of the personal estate of the said testator:
and which in the pleadings are alleged to have been held
by the said testator, Claude Marten, at the time of his
(death and that the said Master should also inquire and
report what houses, lands or other real or immoveable
property situate beyond the boundaries of Calcutta, but
in places which at the time of the dea.h of the said testator
were within the presidency of Fort William, or the Pro-

other real or immoveable property which are alleged in the pleadings to have been held by the Testator and to be situate beyond the boundaries of Calcutta, but in places which at the time of the death of the Testator w tie within the presidency of Fort William, or some of the provinces subject to or forming a part of the said presilency, to enable the Count to determine whether the same would and did pass by the said will-of the said Testator. And whereby it is ordered and decreed that in as much as the Attorney General of our Lord the King was not resident within the Jurisdiction of the said Court, and there was no party to these suits who had made any claim to any of the lands or houses or other real or immoveable property on the part and on the behalf of the Crown, the Receiver, appointed by the said Court in these causes to receive the rents and profits of the immoveable property, as well that which is situate within Calcutta as that which is situate beyond the boundaries thereof; but in places which at the time of the death of the Testator were within the presidency of Fort William, should continue to receive the rents and profits thereof, and from time to time to pay the same into the hands of the Accountant-General and Sub-Treasurer of the Honorable East India Company (with the privity of the Accountant-General of the said Court.) And whereby it is further decreed and declared, that the rents and profits of the said houses and lands in Calcutta, with the exception aforesaid, of the said house at Chaund Paul Ghaut so declared as aforesaid to have been part of the personal estate of the said testator which had theretofore been received either by the executors or by any receiver appointed by the said Court, together with the accumulations thereon arising from interest, ought to be ascertained, and that the amount when so ascertained ought to be set apart and placed to the credit of a separate and distinct account in these causes to abide any claim respecting the same, which might be thereafter made by or on behalf of the crown; and that all the rents and F. of the lands and houses in Calcutta, except as

erein before is excepted, which might thereafter be received by the Receiver of the said Court as aforesaid, ought to be paid in and placed to the credit of the same account; and that in like manner the rents and profits or the proceeds of any sales of any lands or houses or other real or immoveable property situate beyond the

vinces subject to or forming a part of the said presidency
was or were in the hands of the said testator at the time
of his death, and what was the nature of the tenure
thereof, and the estate or interest, if any, which the said
testator had in the same ; and what regulations or usages
had prevailed, and then prevailed in the said provinces
beyond the boundaries of Calcutta, as to the right and
power of European Aliens to devise or bequeath by will
any lands, houses, or other real or immoveable property,
of which they might be possessed at the time of their
death within the said provinces was reversed.

Decree and declare, that pursuant to the report of the said Judicial committee and the order of his said late Majesty thereon, so much of the decree of the Supreme Court bearing date the 10th day of May 1836, whereby this court did order, “decree and declare, that is as much as there was no party to these Consolidated suits, who had made any claim to the said lands or houses on the part and behalf of the crown, the Receiver appointed by the Court in the three first mentioned causes should conunue in the possession, and to receive the rents, issues and profits thereof, and from time to time should pay the same into the hands of the Accountant General and Sub-treasurer of the East India Company, (with the privity of the Accountant General of this Court) to the credit of a separate account in these consolidated, cause: to be opened and headed as thereinafter directed. And whereby the said Court did further order; decree and declare, that the sum of sicca rupees four hundred and seventy-four thousand one hundred and fifty-four, eleven annas and six pie, being the amount mentioned in the Schedule A annexed to the therein recited report of the master, and filed on the twenty-first day of November in the year of our Lord one thousand eight hundred and thirty-five, and forming a part of the Funds stand: ing to the General credit of the three first mentioned causes, had arisen from the rents, issues and profits of the aforesaid two houses, situate in Calcutta aforesaid, received from the time of the death of the said Testator, Major General claude Marten, up to the twenty-ninth day of February in the year of our Lord one thousand eight hundred and thirty-two; and that in as much as there was no party to these consolidated suits, who had

[ocr errors]

made any claim to the same on the part and behalf of the crown, the said sum, together with the interest and receipts since the date of the said report of the twenty-first day of November, one thousand eight huudred and thirty-five, ought to be transferred to the head of a separate and distinct account, entitled an account of the rents and pro fits of the houses situate within the town of Calcutta, subject to a claim of the crown; and that the said sum and all future vents, issues and profits to be paid in by the said Receiver as aforesaid, should remain under the said head of account in these consolidated causes to abide any claim that might be thereafter made on behalf of the crown. And whereby the said court did declare. that the houses, lands or other real and moveable property and estate of the said testator, \iajor General Claude Martin, situate without the boundaries of the said Town of Calcutta, but within the limits of the presidency of Fort William in Bengal, as such limits stood in the year of our Lord one thousand eight hundred and thirty two, and which were held by the said Testator, Major General Claude Martin at the time of his death. did not pass by the afore-aid will of the said Testator, Major General Claude Martin. And whereby the said Court did further order, decree and declare, that the said receiver of the sail last taentioned houses and lands, should continue in the possession thereof and should receive the rents, issues and profits thereof, and from time to time should pay the so me into the hands of the said Accountant General and Sub-Treasurer of the East India Company, (with the like privity as asoresaid) to the credit of a separate account, to be opened in those consolidated causes and headed as thereinafter nex directed. And whereby the said Court did further order, decree and declare, that the sum of sicca rupees fifty-three thousand five hundred and fifty-eight, nine annas and three pie, set forth in the Schedule C of the Master's report of the twenty-first day of November in the year of our Lord one thousand eight hundrei and thirty-five, being a part of the funds now also standing to the general credit of the three first mentioned causes, which had arisen from the rents, issues and profits of the said last mentioned houses and lands situate without the boundaries of the said town of Calcutta, but within those of the said Presidency at Fort William in Bengal, ought to be carried to the credit of a separate account to be opened in those consolidated causes intitled, “Ac. count of the rents, issues and profits of the real and im: moveable property of Major General Claude Martin, situate without the boundries of the said town of Calcutta, and within the Presidency of Fort William in Bengal,” and that the same, together with all future payments to the credit of the said accounts and accumulations of interest thereon, should remain to such credit to abide future" claims is in effect and substance reversed, abeing incon-istent with and contradictory to the terms of the said Report, and order of His most Gracious Majesty, whereby it is directel, that the court shall decree that the houses, lands, an other real or immoveable property possessed by Major General Claude Martin, at the time of his death, and situate as well within the town of Calcutta, as beyond the boundaries thereof, but within the British territories, such as Chandernagore, passed by the said Testator's will an formed part of the general residue of the Testator's estate, declare that if having been by the said committee reported and recommended to His most Gracious Majesty that in lieu thereof it ought to be decreed aud declared as herein next follows, and His said most Gracious Majesty having by his order aforesaid ordered, that such report and recommendation should he duly an punctually observed, complied with and carried into execution, this court doth hereby accordingly, in obedience to the said order of His most Gracious Majesty, order, decree and declare, that the houses, lands and other real or immoveable property possessed by Major

General Claude Martin, the Testator in the Pleadings named, at the time of his death and situate as well within

the town of Calcutta as beyond the boundaries thereof, but within the British territories and not at Chandernagore passed by the said Testator's will and formed part of the general residue of the said Testator's estate.

Decree, that the sums now standing to the credit of the separate account headed Account of the rents and profits of houses situate within Calcutta, and the sums now standing to the credit of a separate account headed Account of the rents, issues and profits of the real and immoveable property of Major General Claude Martin, situate without the boundaries of the Town of Calcutta and within the presidency of Fort William in Bengal, together with all accumulations of interest thereon respectively up to the date of transfer, be immediately transferred to the general credit of these causes and decree the Accountant General and Sub-Treasurer of the East India Company, (with the privity of the Accountant-General of this court) to make such transfers accordingly. Decree, that the Master of this Honorable court do immediately proceed to advertize and sell the houses and lands next mentioned, that is to say a certain Upper-roomed House with four biggahs of land thereto adjoining and pertaining, situate in Hare Street in the Town of Calcutta, and also a certain other upper roomed House with three biggahs of land thereto adjoining and pertaining, situate at Tank Square in the Town of Calcutta. One house and the ground thereto belonging situate on the Circular Road near the said Town of Calcutta now in the occupation of Mrs. Frederick Lindsted. One other house and the ground thereto belonging, situate at Ghazeepore, occupied by Mr. A. J. Dick. One other house and the ground thereto belonging, in a very dilapidated state, situate at Benaras, and an old godown and the ground thereto belonging, situate at Cawnpore, in the upper provinces, and that.the proceeds of such sale be in like manner carried to the general c-e dit of these causes.

Decree, that the receiver of this court, who is now in possession of the said several houses and lands, do continue in such possession until such sale is completed and confirmed, and conveyances thereof executed to the purchasers and crilers for possession given the same, and that thereupon the said receiver do yield up possession to such purchasers respectively, and pass his accounts up to the date of giving up possession and therefore be discharged.

Decree that the said receiver do continue such possession as he now hath of the said house at Chandernagore aforesaid, pending the enquiry hereinafter next inentioned, and until further order shall be made on the termination thereof, and until such further order that the said receiver do and shall account and pay in the rents of the said house at Chandernagore as heretofore.

Decree, in obedience to and in pursuance of the order of His late Majesty aforesaid, that it be referred to the Master of this court to enquire and report, what houses, lands or other real or immoveable property situate at Chandernagore, was or were in the hands of the said testator at the time of his death, and what was the nature of the tenure thereof and the estate or interest if any, which the said testator had in the same, and what regulations or usages have prevailed at Chauderngore aforesaid, as to the right and power of European aliens to devise or bequeath by will any lands, houses or other real or unmoveable property of which they may be possessed at the time of their death at Chandernagore, and whether any lands, houses or ther real or immoveable property situate at Chandernagore, which was or were in the hands of the said testator, Claude Martin, at the time of his death, hath or have been since sold and the proceeds of the sale paid into the hands of the Accountant General and Sub-Treasurer of the Hon'ble East India Company, (with the privity of the Accountnant General of the said court) and of what part (if any)

of such lands, houses or real or immoveable property the receiver appointed by the said court is now in the receipt of the rents and profits, and what is the whole amount (if any) of the proceeds of any sales and of any rents or profits received of any such lands, houses or real or immoveable property at Chandernagore, together with the accumulations of interest thereon, which is now standing to the general credit of these causes.

Further decree and declare, that the said Judicial committee having further recommended that so much of the said decretal order of this court, dated the 23d February 1832, whereby it was “decreed and declared that this court is incompetent and unable by itself to give effect to the other bequests for charitable establishment and institutions at Lucknow, which is a place beyond the jurisdiction of this court, and not forming any part of the presidency of Fort William in Bengal but that the Governor-General in Council at Fort William in Bengal had the means and was able to give efiect to the other bequests for charitable establishments and institutions at Lucknow, and that the same ought to be carried into effect and that it appeared by the report of the Master under an order made in these causes on the 25th July 1831, and which report was dated the 5th November 1831, that the said Governor-General in Council was willing to receive and apply such sums as the court might decide to be lawfully applicable for those purposes should be reversed without prejudice to any ques. tion as to the competency and ability of the said court, with any aid or by any means to give effect to

credit of these causes the further sum of 31 akis of oa Rs. ought to be set apart, and the interest thereof pai 1 to the Governor-General in Couneil or to such perso I or persons as the Governor-General in Council for he time being should nominate and appoint, in order twat there might always be allowed and paid the salaries and allowances of the supervisors, servants and other avendants, and the persons to be employed in and about the tomb, buildings and establishment at Constantia” should be reversed, and that instead thereof it should be declared and decreed as herein next follows, that is to say, “if the whole sum of sicca rupees 200,000 bequethed in the 3d Article of the said will of the said Tastator, Claude Marten, for the finishing the house of Constantia hath not been expended for that purpose, whatever may remain thereof, ought to be set apart from the funds now standing to the general credit of the said causes, aud carried to a separate account to be entitled “ The building and repairing fund for the house and establishment at Constantia" subject to the further order of the Supreme Court and without prejudice to the final application of the same fund, under the directions hereinafter contained or otherwise. And that the said Supreme Court should give all necessary directions for that purpose, and that out of the same funds standing to the general credit of the said causes, a further sums of sicca rupees 100,000, being the amount bequaethed in the 33d Article of he said will, for the support of a college and school at Lucknow, together with accumulations of interest on the same, from the death of the said Testator until the setting apart of the same, be set apart and be carried to a separate account in the causes to be entitled “The Lucknow college and school fund,” subject to the

such last mentioned bequests according to the will of further order of the Supreme Court and without prejudice

the said Testator. And his most gracious Majesty having been pleased to comply with the said report and recommendation, and order the same punctually to be complied with, order, decree and declare, that so much of the said decree of 23d February 1832 as has been hereby last recited, is reversed accordingly, without prejudice as aforesaid to any question as to the competency and ability of this court to give effect to the bequest of the said Testator. Further decree and declare, that the said Judicial coinmittee having also further recommended that as to such parts of the said decree of this court of the 23d February 1832, whereby it is “decreed and declared for as much as the said Testator Claude Martin, in and by the 33d article of his said will, had expressed his desire and intention, that in case it should be necessary the protection and assistance of the

to any question, as to the final application of the same fund under the directions thereinafter contained, or otherwise, and that out of the funds standing to the general credit of the said causes, the further sum of three lakhs of rupees or so much thereof as the said eourt should find necessary, be also set apart without prejudice to o question as to the final application of so much of the interest thereof as is under the said will applicable to the maintenance of the charitable establishment at Lucknow,and subject to the further order of the Court; but in the mean time any monthly or periodical pavments which shall have been directed by the Supreme Court to be paid out of such interest are to be continued.” And His Most Gracious Majesty having, by his order aforesaid, ordered, that such last mentioned report and recommendation of the said Privy

Government should be obtained for the purpose of Council, should be duly and punctually complied with

giving effect to the said last mentioned bequests and

and carried into effect, this Court doth hereby accord

Testamentary dispositions, that if the whole sum of ingly, in obelience to the said order of His Most Grasicca rupess 200,000 bequeathed in the 33d article of cious Majesty, order, decree and declare, that so much

the said will of the Testator Claude Martin, for finishing of the house of Constantia had not been expended and

of the last decretal order in these causes made and pronounced, on the 10th day of \lay, 1836, as follows; that

applied for that purpose, whatever might remain thereof is to say “and this court doth further order, decree and

ought to be set apart from the funds now standing to the general credit of these causes and applied as a building and repairing sund for the house and establishment of Constantia, and ought for that purpose to be paid to the Governor-General in Council, or to some person duly nominated and appointed by the Governor-General in Council to receive the same, and out of the same funds standing to the general crédit of these causes a further sum of Sa. Rs. 100,000 for the support of a College and School at Lucknow, bequeathed in the 33d article of the said will, together with accumulations of interest on the same, from the death of the said Testator until the setting apart of the same, ought also to be set apart, and the interest thereof from time to time, as the same should accrue and be received,ought to be paid to the GovernorGeneral in Council for the time being or to such persons as he should duly nominate and appoint to receive the same, in order that the same might be applied for the purposes in the said 33d article of the said will mentioned, and that out of the funds standing to the general

declare, that a sun of sicca rupees one hundred and thirty-five thousand nine hundred and twenty-five and nine annas has been spent and laid out towards completing the house called Constantia House, out of the sum of sicca rupees two hundred thousand, which the said Testator by the thirty-third article of his will calculated might be required for that purpose; and that the balance of sicca rupees twenty-four thousand and seventy-four and seven annas, ought now to be set apart from the funds standing to the general credit of the three first mentioned causes and carried to the head of a separate account in these consolidated causes, entitled building and reparing fund of Constantia House and placed at the disposal of the Governor-General in Council, pursuant to decree of the twenty-third day of February one thousand eight hundred and thirty-two, and that in case the same and the funds hereinafter mentioned as required or the repairs of the said house, should not be sufficient for that purpose, that such furher sum as shall be necessary to i. paid out of the fund

to the general credit of these consolidated causes on the application of the Advocate-General of the East India Company on behalf of the Governor-General in Council. and this court doth further order, decree and declare, that from and out of the funds now standing to the general credit of the three first mentioned causes, a further sum of sicca rupees fifty-four thousand and eight hundred ought to be transferred to the said separate head of account and fund, entitled fund for repairing and furnishing Constantia House, and paid to the Governor-General in Council, or some person by him duly authorized to receive the same, in order that the works many be executed by Major C. J. C. Davidson, Major of Engineers, in the East India Company's service, or such person as the Governor-General in Council shall appoint. And this court both further order, decree and declare, that Jean Jacques Deverinne, junior, is a fit and proper person, due regard had to the wishes of the Testator, to fill the office of Superintendent of the said building, and promises that in case of his death, removal for mis: conduct or resignation, the Governor-General in Council ought to appoint all future superintendents, with due regard to the wishes of the said testator, as signified in his will ; and that the care and superintendence of the said buildings can most conveniently, and with due observance of the wishes of the Testator, be exercised by the Governor-General in Council, shall also be, and the same is thereby and by the effect of the said order of council reversed and set a side, and instead thereof, this court both hereby order, decree and declare, that in pursuance of the report of the \laster of this Hon'ble Court, bearing date the 21st day of Novr. 1835,and the facts there. in fonnd, a sum of sicca rupees one hundred and seventy five thousand nine hundred and twenty-five and nine annas has been spent and laid out towards completing the house called Constantia House, out of the sum of sicca rupees two hundred thousand, which the said Testato by the thirty third article of his will calculated might be required for that purpose, an i that the balance of sicca rupees twenty-four thousand and seventy-four and seven annas ought now to be set apart from the funds standing to the General credit of the three first mentioned causes and carried to the head of a separate account in these consolidated causes, entitled, building and repairing fund of Constantia House, to remain subject to the further order of the court, and that in case the same and the funds hereinafter mentioned as required for the repairs of the said house should not be sufficient for that purpose, that such further sum as shall be necessary be payable and applicable out of the fund to the general credit of these consolidated causes, in such manner as the court shall hereafter order and decree, and this court doth further order, decree and declare, that from and out of the funds now standing to the general credit of the three first mentioned causes, a further sum of sicca rupees fifty-four thousand and eight hundred ought to be transferred to the said separate head of account and sund, entitled fund for repairing and finishing Constantia House and shall be applicable and payable in like man. ner to the purpose aforesaid under the order and direction of this Hon'ble court. And this court doth farther order, decree and declare, that Jean Jacques Deverinne, junior, is a fit and proper person, due regard had to the wishes of the testator, to fill the office of superintendent of the said building, pending the enquiry necessary to carry into full effect the orders and directions of his Most Gracious Majesty in his Privy council aforesaid.

Further order, decree and declare, that in as much as by and under the decretal orders of the 23d February 1832 and 10th May 1836, the amount of the said sum of Sa. Rs. 100,000, being the amount bequeathed in the 33d article of the will of the testator, for the support of a college and school at Lucknow, together with accumulations of interest thereon, from the death of the said testator until the setting apart of the same was duly set

apart and carried to a separate account in these causes entitled, fund for the establishment of General Martin's school and college at Lucknow ; the said sum so set apart shall remain under the same head of credit, pending the reference an enquiry inereuy ordered in pursuance of the order of his most gracious Majesty in his Privy council aloresaid, relative to the appointinent of trustees and the establishment of the said school and college. And whereas the said Judicial committee did further report and recommend as hereinafter next set-orth, that isto say,” that it should be referred to the Master of the said court to enquire and report to the said court, whe ther it is in the power of the Governor-General in Council, at Fort William in Bengal, to aid trustees to be appointed by the said Supreme Court, so as to enable them to give effect according to the testator's will to the bequest respecting the charitable establishment and institution at Lucknow contained in the will of the said testator, and thereby directed to be attached to the establishment of Constantia House, or whether any other and what means through the medium of trustees exist for giving effect to such bequest, and that if it shall appear, that by the aid of the said Governor-General in Council or otherwise as aforesaid, effect can be given to the said bequest, some proper persons be appointed by the said Supreme court to be the trustees of the said charity, to whom the interest of the funds applicable for the support of such charrity should be from time to time paid to be by them applied and administered under the superintendence of the said Supreme Court, in founding, establishing and keeping on foot the said charity ; and that the Advocate General, the plaintiff in the first, and the defendant in the third of the above mentioned causes, should be at liberty to propose proper persons to be such trustees,” which said report and recominendation His Most Graelous Majesty was also pleased to order should be duly complied with and puuctually carried into effect. This court doth order, decree and declare, that it be referred to the Master to enquire and report, who would be fit and proper persons to be appointed trustees of the fund so set a part, for the maintenance of the said school and college at Lucknow, and of the following funds for charitable and other purposes at Lucknow created and carried to a separate head of credit by the decretal order of the tenth day of May, one thousand eight hundred thirtysix, viz. fund called the building and repairing fund of Constantia House, and of the fund, entitled suud for repairing and furnishing constantia House and of the fund entitled, fund for the payment of pensioners at Lucknow, and of the fund entitled fund for the payment of the establishment at Constantia, pursuant to the thirty second article of General Martin's Will. And this court doth order, decree and declare that it is hereby referred to the Master to enquire and report, whether it is in the power of the Governor-General in council at Fort William in Bengal, to aid trustees to be appointed by this court so as to enable them to give effect according to the Testator's will to the bequest respecting the ( haritable establishment and institution at Lucknow contained in the will of the said testator, and thereby directed to be attached to the Establishment of Constantia House, or whether any other and what means, through the medium of trustees, exist for giving effect to such bequest; and that if it shall appaer that by the aid to the said Governor General in council or therwise as aforesaid, effect can be given to the said bequest some proper persons be appointed by this court to be the Trustees of the said charity, to whom the interest of funds applicable for the support of such charity should be from time to time paid to be by them applied and administered under the superintendance of this court in founding, establishing and keeping on foot the said, charily, and that the Advocate General the plaintiff in the first and the defendant in the third of the abovementioned causes, shall be at liberty to propose persons to be such trustees to be reported upon by the Master. And the court doth order, decree

« PreviousContinue »