1836. MAYOR OF LYONS V. EAST INDIA COMPANY. On the 23d February 1832 the Court made its decree in all the four causes. The principal parts of this decree, which was divided into nineteen articles, were, that the Court found in the second article, that the testator, General Martin, was, at the time of his death, an alien, who had acquired an English domicile, during his service under the United Company and the British Government in India, which domicile he retained at the time of his death. In the third article, it found, that the testator, at the time of his death, had no relations by the whole blood, nor any heir at law, according to the English law. In the fourth article it found the different persons who were his next of kin, according to the law of England. In the fifth article the Court declared, that the Will was duly executed in the presence of three credible witnesses, in such manner as would be sufficient, according to the English law, to pass real estates; but that the testator having been by birth a subject of the King of France, and at the time of his death an alien, his lands and houses at Calcutta (except his interest in the Chaud-PaulGhaut House, which was held by him as mortgagee, and which had been declared to be personal estate by the decree of the 2d December 1822) did not pass by his Will; but that there were not proper parties to the suits, nor sufficient evidence before the Court, as to the lands or houses, or other immoveable property, situate beyond the boundaries at Calcutta, but in places which at the time of the death of the testator were within the presidency of Fort William, or some of the provinces subject to or forming part of the presidency, to enable the Court to determine whether the same could or did pass by the Will; and as the Attorney-general was not resident within the jurisdiction of the Court, there was no party to the suit who had made any claim to the lands and houses, or other real or immoveable property; and on the part of the Crown it directed the Receiver to receive the rents and profits of the said immoveable property, both within Calcutta as out of it, in the presidency of Fort William, and to pay the same into the hands of the Accountant-general of the Court. The decree then proceeded, in the sixth article, to give directions, that the amount of the rents and profits of such immoveable estate, together with the accumulations thereon, should be carried to a separate account, to abide any claim which might thereafter be made on behalf of the Crown; and that the future rents and profits and produce of sales of such immoveable property, should be carried to the same account. In the seventh article the Court declared, that the intent and meaning of the testator was, that the payment of his debts and legacies should first be made, and a sufficient sum set apart and secured for the payment of the several pensions, and for the completing and maintaining of the several buildings, charitable institutions, and establishments in the Will mentioned, or so many of them as could be lawfully and effectually, established, and maintained; and for the payment of all salaries, wages, and allowances in the Will provided, for supervisors, servants, and other persons to be employed in and about the buildings, institutions, and establishments, or any of them; and that after making such payments and provisions, if it should be found, that the sum remaining would exceed ten lacs of rupees, the whole of such surplus should be divided into three equal portions, which should be respectively 1836. MAYOR OF LYONS v. EAST INDIA 1836. MAYOR OF LYONS V. EAST INDIA appropriated and applied, as far as they could lawfully be applied, to the same charitable institutions, establishments, and uses at Calcutta, Lyons, and Lucknow, to which certain other sums were bequeathed, and made applicable by the preceding provisions of the Will; and if it should be found that the sum so remaining as aforesaid, after making all such payments and provisions as aforesaid, should be less than ten lacs, then the whole should be divided, and applied in the same way and for the same purposes as it had been stated it was the intention of the testator, in the aforementioned cases, that the surplus, if it should at first exceed ten lacs, should be divided and applied. In the eighth article the Court declared, that the legacy to Pierre Martin had lapsed; that all other legacies, except the pensions, salaries, and allowances, had been paid and satisfied; and that 1,50,000 sicca rupees, bequeathed by the 23rd article of the Will for the poor of Calcutta, Lucknow, and Chandernagore, and a further sum to provide for the payment annually of the 5,000 and 1,000 sicca rupees directed by the 28th article of the Will to be paid for the release of prisoners for debt at Calcutta, had been paid by John Palmer, under an order of the Court, into the hands of the Accountant-general of the Court, in a cause in which Ralph Uvedale, Esq., the Clerk of the Crown, at the relation of Thomas Christenson, was the informant, and John Palmer and others defendants. In the ninth article the Court declared, that sicca rupees 3,12,090. 7. 8. had been set aside for the payment of pensions at Lucknow. In the tenth article it declared, that a fund had been set apart for a charitable institution at Calcutta, which, on the 31st December 1830, amounted, with the accumulations, but after deducting the purchase-money of certain lands for the purpose, to sicca rupees 8,82,856.1.7. In the eleventh article it declared, that the 2,50,000 sicca rupees bequeathed for a charitable institution at Lyons, together with all interest on it, and a sum sufficient to satisfy the bequest of 4,000 sicca rupees to be paid annually for the liberation of prisoners there, had been fully paid and satisfied. In the twelfth article the Court declared, that large sums had been retained by the executor, residing at Lucknow, for the purpose of being applied in the making the tomb, building, garden and establishments, directed by the Will of the testator. In the thirteenth article the Court declared, that the form of Government of Lucknow, and the circumstances of the country, made it impossible that any effect should be given to the bequest of sicca rupees 4,000, directed to be paid annually for the liberation of prisoners at Lucknow, in the 33d article of the Will, and that such bequest was consequently void; and that the Court was consequently incompetent and unable by itself to give effect to the other bequests for charitable establishments, and institutions at Lucknow, which is a place beyond the limits of the jurisdiction of the Court, and not forming any part of the presidency of Fort William, in Bengal; but that the Governor-general in Council of Fort William, in Bengal, had the means, and was able, to give effect to the same, 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 is dated the 5th day of November 1836. MAYOR OF LYONS v. EAST INDIA 1836. MAYOR OF LYONS V. EAST INDIA 1831, that the Governor-general in Council was willing to receive and apply such sums as this Court might decide to be lawfully applicable for those purposes. And for-as-much as the 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 Government should be obtained, for the purpose of giving effect to the said last-mentioned bequests and testamentary dispositions, the Court did further agree and declare, that if the whole sum of sicca rupees 2,00,000, bequeathed in the 33d article of the Will of the testator, Claude Martin, for the finishing the house of Constantia, had not been expended and applied for that purpose, whatever might remain thereof ought to be set apart from the funds then standing to the general credit of these causes, and applied as a building and repairing fund for the house and establishment at 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 Governorgeneral in Council to receive the same; and that out of the same funds standing to the general credit of these causes, a further sum of sicca rupees 1,00,000 for the support of a college and school at Lucknow, bequeathed in the 33d article of the Will, together with accumulations of interest on the same from the death of the 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 shall accrue and be received, ought to be paid to the Governor-general in Council, or to some person whom the Governor-general in Council, for the time being, shall duly nominate and appoint to receive the same, in order that the same may be applied, to |