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Remarks by the Commander-in-Chief.- In publishing, Commander-in-chief, and with which he had not chosen the charges, finding and sentence in this case, the Com- to comply, sent for Colonel Baumgardt, and, in the mander-in-chief feels it his duty to state, that in conse presence of the division staff officer, put to him the quesquence of the prosecutor, Brigadier-General Salter, tion whether he had written the leiter to General Willo having leemed it requisite that His Excellency should shire already mentioned. The answer was in the affirpersonally give evidence on the trial, it seemed right to mative, and 'Colonel Baumgardt was proceeding to offer His Excellency, with the view of obviating any suspi- explanations, when General Salter ordered him to be cion that might possibly exist of the case not having been placed in arrest, telling him that the time for explanadisposed of with perfect impartiality, to transmit the tioa had gone by. proceedings for approval or otherwise, to His Excellency the Commander-in-chief in India.
In the view the Commander-in-chief takes of this
case, it signifies not whether Colonel Bauingardt origi. Sir Henry Fane has approved the finding and sen nally looked on his letter to Major-General Willshire tence of the court; but in reference to that part of the in a public or private light. Relating as that letler did, sentence which provides that Colonel Baumgardt shall to the promotion of an officer of his regiment to a vacant be reprimanded in such manner as the Commander-in-company, Major-General Willshire, under all the cir. chief of the Bombay army shall direct, he has ex. cumstances of ihe case, which were very unusual, deempressed bis wish thalibe rask of giving it effect should ed it his duty to communicate it to higher authority ; and remain in the hands to which the couri had committed when Col. Baumgardt was apprised of this having been it. His Excellency bowever, at the same time, done, and received from the Commander-in-chief the pronouncing it highly necessary that the proceedings of advice before mentioned, he has bound to regard the let. Colonel Baumgardt should be remarked on in the ter as a public document and to act on the advice so language of strong censure.
offered ; and even independently of this view of the case, Colonel Baumgardi's own feelings should have promtped
him to repair the wrong, which he had unwittingly Under this intimation, it becomes the duty of Sir the general officer commanding his division, to that offi
done, introducing on false information the character of John Keane to observe, that the conduct of Colonel cer's mili ay superiors. Yet in the defence, made by CoBaumgardt, as developed in these proceedings, bas lonel Baumgardt before the court-martial which the Comthroughout the whole transaction been qui e unbecommander-in-chief considers as placing his military judg. ing his position in the army.
ment in a most unfavourable light, he uniformly seems anxious to make it appear, that himself, and not Gene
ral Salter, is the injured party. 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 officers of all ranks, as an example of conduct to be avoid.
The Commander-in-chief would hold out this case to division, to which he (Colonel Baumgardt) belonged. ed, 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 res. As soon it was known to Colonel Baumgardt, that pect, their first duty and their most honorable course, on the statement referred to was inaccurate, and of that fact being made aware of their error, is to resort to a frank he could not be left in doubt, for it was established by and ingenious acknowledgment, rather than, by main. the finding of a Court of Enquiry, witch he hinself had caining a stubborn silence, to convert the unintentional called, and the proceedings of that court were by himself into a wilful injury. 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 inadvertence, he had com.
The Commander-in-chief has exprienced the utmost initted. The feelings of an officer and a gentleman, it pain in finding himself compelled by a sense of duty to might have been expecteil, would make him ever eager comment in these terms on the conduct of an officer of to volunteer a reparation, but Colonel Baumgardt louk such high rank and long standing in the army, as Colo. no measures whatever for that purpose.
nel Baumgardt ; but His Excellency felt that he had
no alternative, and Colonel Baumgardt can only im. pute to his own misjudgment and obstinacy the unplea.
saat situation in which he is placed. The transaction being very properly brought by Major-General Willshire to the knowledge of Sir John Keane, His Excellency, through Major-General Willshire, conveyed bis advice to Colonel Baumgardt Baumgarde is hereby reprimanded; and he is to be
In conformity with the sentence of the court, Colonel on the subject, counselling him forthwith to offer a pro- released from arrest and to return to his duty. per apology to Brigadier-General Salter, and at the same time to explain to that officer the manner in which he had received the erroneous information to which he had unfortunately been led to give precedence and currency.
By order of His Excellency, Lieut. Genl. This advice, however, which Colonel Baumgardt clearly ought not to have awaited, he thought proper wholly to disregard.
Sir John KEAN, Commander-in-chief.
Head Quarters, Bombay, 18th Junuary, 1838.
Brigadier-General Salter, on afterwards becoming aware of wbat bad passed, and bearing also of the ad.
MINUTES OF DECREE OF THE 14th November 1837. boundaries of Calcutta, but in places which at the time
of the death of the said iestator were within the presiden. Chistopher Martin and Decree and declare, that cy of Fort William, or the provinces, subject to, or form
Spankie, Esq. &c. Judicial commi tee of Privy to the hands of the said Executors or any receiver ap
and the other causes. Council of his late most Graci. pointed by the said Court, or might thereafter be re. ous Majesty William the Fourth, by the grace of God, lceived by any such receiver, and might have beeu paid of the United Kingdom of Great Britain and Ireland, or might thereafter be paid to the Accountant-General King, defender of ihe faith and so forth, and the order and Sub-treasurer of the East India Company, (with the of his late majesty thereon made on the first day of privity of the Account-General of the said Court) ought March 1837, so much of the Decree of the Supreme to be ascertained, set apart and placed to the credit Court of Judirature at Fort William in Bengal,dated 231 of another separate and distinct accouut.
And whereby February 1832, whereby it is “ Decreed and declared it was referred to the Master 10 enquire and report, what that the said testator, laule Marten, having been by part of the funds then standing to the general credit of birth a subject of the King of France, and having been these causes had arisen from the rents and profits, with at the time of his death an alien, the lands and houses the accumulations of interest rhereon, of any of the lands in Calcutta alledged in the pleadings to have been held or houses situate in Calcutta (with the exception as by the said testator at the time of his death, with the before mentioned of the house at Chaod Paul Ghaut, exception of the interest of the said Testator in the house declared by the decree of the 2d of December 1822 to at Chaund Paul Ghaut, which previously to the Decree have been part of the personal estate of the said restator, of the 2 days of December 1822 had been sold, and by and which in the pleadings are alleged to have been held the said Decree was declared to have been a part of the by the said testator, Claude Marten, at the time of his personal estate of the said Testator, could not, according (death and that the said Master should also inquire and 10 the law of England be devised nor pass by the said report what houses, lands or other real or immoveable will of the said Testator. And whereby it is declareil
, that property situate beyond the boundaries of Caleutta, but there are not the proper parties to these suits nor sufficient in places which ar ihe time of the dea h of the said testator evidence before ihe Court as to the lands or houses or
were within the presidency of Fort William, or the proother real or immoveable property which are alleged in, vinces subject to or forming a part of the said presideacy the pleadings to have been held by the Testator and to
was or were in the hands of the said testator at the time be situate veyond the boundaries of Calcutta, but in of his death, and what was the nature of the tenure places which at the time of the death of the Testator thereof, and the estate or interest, if any, which the said were within the presidency of Fort William, or some of testator had in the same ; aud what regulations or usages the provinces subject to or forming a part of the said pre. had prevailed, and then prevailed in the said provinces silency, to enable the Court to determine whether the veyond the boundaries of Calcutta, as 10 the right and same would and did pass by the said will of the said power of European Aliens to devise or bequeath by will Testator. And whereby it is ordered and decreed that any lands, houses, or other real or immoveable property, in as much as the Attorney General of our Lord the of which they night be possessed at the time of their King was not resident within the Jurisdiction of the said death within the said provinces was reversed. 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
Decree and declare, that pursuant to the report of the behalf of the Crown, the Receiver, appointed by the said Julicial committee and the order of his said late said Court in these causes to receive the rents and profits Majesty thereon, so much of the decree of the Supreme of the immoveable property, as well that which is situate court bearing date the 10th day of May 1836, whereby within Calcutta as ibai which is situate beyond the boun- this court did order, "decree and declare, that is as daries thereof; but in places which at the time of the much as there was no party to these Consolidated suits, death of the l'estator were within the presidency of Fort who had made any claim to the said lands or houses on the William, should continue to receive the rents and profits part and behalf of the crown, the Receiver appointed by thereof, and from time to time to pay the same into the the Court in the three first mentioned causes should conhands of the Accountant-General and Sub-Treasurer of linue in the possession, and to receive the rents, issues the Honorable East India Company (with the privity of and proti's thereof, and from time to time should pay the the Accountant-General of the said Court.) And whereby same into the hands of the Accountant General and it is further decreed and declared, that the rents and pro. Sub-treasurer of the East India Company, (with the fits of the said houses and lands in Calcutta, with the privity of the Accountant General of this Court) to the exception aforesaid, of the said house at Chaund Paul credit of a separate account in these consulidated causes Ghaut so declared as aforesaid to have been part of the to be opened and headed as thereinafter directed. And personal estate of the said testator which had 'theretofore whereby the said Court did further order, decree and been received either by the executors or by any receiver declare, that the sum of sicca rupees four hundred and appointed by the said Court, together with the accumu- seventy-four thousand one hundred and fifty-four eleven lations thereon arising from interest, ought to be ascer. annas and six pie, being the amount mentioned in the lained, and that the amount when so ascertained ought Schedule a annexed to the therein recited report of the to be set apart and placed to the credit of a separate and master, and filed on the twenty-first day of November distinct account in these causes to abide any claim in the year of our Lord one thousand eight hundred respecting the same, which might be thereafter made by and thirty-five, and forming a part of the Funds standor on behalf of the crown ; and that all the rents and ing to the General credit of the three first mentioned profits of the lands and houses in Calcutta, except as causes, had arisen from the rents, issues and profits of herein before is excepted, which might thereafter be the aforesaid two houses, situate in Calcutta aforesaid, received by the Receiver of the said Court as aforesaid, received from the time of the death of the said Testator, ought to be paid in and placed to the credit of the same Major General Claude Marten, up to the twenty-ninth account; and that in like manner the rents and profits day of February in the year of our Lord one thousand or the proceeds of any sales of any lands or houses or eight hundred and thirty-two; and that in as much as
made any claim to the same on the part and behalf of the the town of Calcutta as beyond the boundaries there. crown, the said sum, logether with the interest and receipts of, but within the British territories and not at Chandere since the date of the said report of the twenty-first day nagore passed by the said Testator's will and formed of November, one thousand eight huudred and thirty-five, part of the general residue of the said Testator's estate. ought to be transferred to the head of a separate and Decree, that the sums now standing to the credit of distinct account, entitled an account of the rents and pro the separate account headed Account of the rents and fits of the houses situate within the town of Calcutta, profits of houses situate within Calcutta, and the sums subject to a claim of the crown; and that the said sum now standing to the credit of a separate account headed and all future vents, issues and profits to be paid in by Account of the rents, issues and profits of the real and the said Receiver as aforesaid, should remain under the immoveable property of Major General Claude Martin, said bead of account in these consolidated causes 10 situate without the boundaries of the Town of Calcntia abide any claim that might be thereafter made on behall and within the presidency of Fort William in Bengal, of the crown. And whereby the said court did declare together with all accumulations of interest thereon resthat the houses, lands or other real and moveable pro pectively up to the date of transfer, be immediately perty and estate of the said testator, Major General iransferred to the general credit of these causes and deClaude Njartin, sinate without the boundaries of the crte the Accountant General and Sub-Treasurer of the said Town of Calcutta, but within the limits of the East India Company, (with the privity of the Accoun. presidency of Fort William in Bengal, as such limits tant.Gjeneral of this court) 10 make sucli transfers ac stood in the year of our Lord one thousand eighi hundrecordingly. Decree, that the Master of this Honorable and thirty two, and wbich were lield by the said Te-tator, court do immediately proceed to advertize and sell the Major General Claude Martin at the time of his death. houses and lands next mentioned, that is to say a cer. did not pass by the aforesaid will of the said Testator, cain Upper-roomed House with four biggahs of land thereMajor General Claude Marin. And whereby the said to adjoining and pertaining, situate in Hare Street in the Court did further order, decree and declare, that the said Town of Calcutta, and also a certain other upperroomed receiver of the sail last mentioned houses and lands, House with three biggalis of land thereto adjoining should continue in the po-s=5310n thereof and should and pertaining, situate at Tank Square in the Town of receive the rents, issues and profits thereof, and from Calcutta. One house and the ground thereto belonging time to time should pay the sune into the hands of the situate on the Circular Road near the said Town of said Accountant General and Sub-Treasurer of the East Calcutta now in the occupation of Mrs. Frederick India Company, (with the like privity as aloresaid) to Lindsted. One other house and the ground thereto bethe credit of a separate account, 10 be opened in those longing, situate at Ghazeepore, occupied by Mr. A. J. consolidated causes and headed as thereinafter next Dick. One other house and the ground thereto belonging, directed. And whereby the said Court did further in a very dilapidated state, situate at Benaras, and an order, decree and declare, that the suin of sicca rupees old godown and the ground thereto belonging, situate at fifty-three thousand five hundred and filly.eight, nine Ciwapore, in the upper provinces, and thatihe proceeds annas and three pie, set forth in the Schedule C of the of such sale be in like manner carried to the general c-e Master's report of the twenty-first day of November in dit of these causes. the year of our Lord one thousand eight hundred and thirty-five, being a part of the funds now al-o standing
Decree, that the receiver of this court, who is now to the general credit of the three first mentioned causes, in possession of the said several houses and lands, do which lead arisen from the renta, issues and profiis of the continue in such possession until such sale is completed said last mentioned houses and lands situate without the and confirmed, and conveyances thereof executed io the boundaries of the said town of Calcutta, but within purcha-ers and crders for possession given the saine, and those of the sail Presidency at Fort William in Bengal, that thereupon the said receiver do yield up possession ought to be carried to the credit of a separate arcount to 10 such purchasers respectively, and pass his accounts be opened in those consolidated causes intitled, “ Ac. up to the date of giving up possession and therefore be couni of the rents, issues and profits of the real and im discharged. moveable property of Major General Claule Martin, situate without the bonudries of the said town of Calcutta,
Decree that the said receiver do continue such pos. and within the Presidency of Fort William in Bengal," session as he now hath of the said house at Chanderna. and that the same, together with all future payments to
gore aforesaid, pending the enquiry hereinafter next the credit of the said accounts and accumulations of inentioned, and until further order shall be made on the interest thereon, should remain to such credit to abide termination thereof, and until such further order that the future" clains is in effect and substance reversed, a.
said receiver do and shall account and pay in the rents being inconsistent with and contradictory to the terms of the said house at Chandernagore as hereiofore. of the said Report, and order of His most Gracious Majesty, whereby it is directel, that the court shall Decree, in obedience to and in pursuance of the order decree that the houses, lands, anl other real or im- of His late Majesty aforesaid, that it be referred to the moveable property possessed by Major General Claude Master of this court to enquire and report, what houses, Martin, at the time of his death, and situate as well lands or other real or immoveable property situate at within the town of Calcutta, as beyond the boundaries Chandernagore, was or were in the hands of the said thereof, but within the British territories, such a testator at the time of his death, and what was the nature Chandernagore, passed by the said Testator's will ant of the tenure thereof and the estate or interest if any, formed part of the general residue of the Testator's which the said testator had in the same, and what reguestate, declare that if having been by the said committee lations or usages have prevailed at Clauderngore afo:e. reported and recommended to His most Gracious said, as to the right and power of European aliens to Majesty that in lieu thereof it ought to be decreed aud devise or bequeath by will any lands, houses or other declared as herein next follows, and His said most Gra. real or unmoveable property of which they may be cious Majesty having by luis order aforesaid ordered, that possessed at the time of their death at Chandernagore, such report and recommendation should he duly ani and whether any lands, houses or ther real or immovepunctually observed, complied with and carried into able property situate at Chandernagore, which was or execution, this court doth hereby accordingly, in obe. were in the hands of the said testator, Claude Martin, dience to the said order of His most Gracious Majesty, at the time of his death, hath or have been since sold order, decree and declare, that the houses, lands and and the proceeds of the sale paid into the hands of the other real or immoveable property possessed by Major Accountant General and Sub-Treasurer of the Hon'ble General Claude Martin, the Testator in the Pleadings East India Company, (with the privity of the Account.
of such lands, houses or real or immoveable property credit of these causes the further sum of Ji ati, of the receiver appointed by the said court is now in the Rs. ought to be set apart, and the interest thereof pai 1 receipt of the rents and profits, and what is the whole to the Governor-General in Couneil or to such perso i amount (if any) of the proceeds of any sales and of any or persons as the Governor-General in Council for hs rents or profits received of any such lands, houses or time being should nominate and appoint, in order that real or immoveable property at Chandernagore, together there might always be allowed and paid the salaries and with the accumulations of interest thereon, which is now allowances of the supervisors, servants and other alten. standing to the general credit of these causes.
Jants, 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 declarFurther decree and declare, that the said Judicial ed and decreed as herein next follows, that is to say, " if committee having further recommended that so much the whole sum of sicca rupees 200.000 bequethed in of the said decretal order of this court, dated the 23d the 31 Article of the said will of the said Tastator, Claude February 1832, whereby it was “ decreed and declared Marten, for the finishing the bouse of Constantia hath that this court is incompetent and unable by itself to not been expended for that purpose, whatever may regive effect to the other bequests for charitable establishi main thereof, ought to be set apart from the funds now ment and institutions at Lucknow, which is a place standing to the general credit of the said causes, aud car. beyond the jurisdiction of this court, and not forining ried to a separa'e account to be entitled " The building any part of the presidency of Fort William in Bengal and repairing sund for the house and establishment at Con. but that the Governor-General in Council at Fort Stantia" subject to the further order of the Supreme William in Bengal bad the means and was able to Court and without prejudice to the final application of give efiect to the other bequests for charitable esta. the sanie fund, under the directions hereinafter contained blishinents and institutions at Lucknow, and that or otherwise. And that the said Supreme Court should the same ought to be carried into effect and that it give all necessary directions for that purpose, and that appeared by the report of the Master under an out of the same funds standing to the general credit of order made in these causes on the 25th July 1831, the said causes, a further sums of sicca rupees 100.000, and which report was dated the 5th November 1831, being the amount bequaethed in the 33. Article of he that the said Governor-General in Council was willing said will, for the support of a college and school of to receive and apply such sums as the court might Lucknow, together with accumulations of interest on decide to be lawfully applicable for those purposes the same, from the death of the said Testator until the should be reversed without prejudice to any ques. setting a part of the same, be set apart and be carried to
to the competency and ability of the said a separate account in the causes to be entitled “The court, with any aid or by any means to give effect to 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 to any question, as to the final application of the same having been pleased to comply with the said report and fund' under the directions thereinafter contained, or recommendation, and order the same punctually to be otherwise, and that out of the funds standing to the complied with, order, decree and declare, that so much general credit of the said causes, the further sum of of the said decree of 23d February 1832 as has been three lakhs of rupees or so much thereof as the said hereby last recited, is reversed accordingly, without pre- court should find necessary, be also set apart without judice as aforesaid to any question as to the compe:ency prejudice to any question as to the final application and ability of this couri to give effect to the beqrest of lof so much of the interest thereof as is under the the said Testator. Further decree and declare, that the said will applicable to the maintenance of the charisaid Judicial coinmittee having also further recommend table establishment at Lucknow,and-ubject to the further ed that as to such parts of the said decree of this court order of the Court; but in the mean time any monthly of the 23d February 1832, whereby it is “ decreed and/or periodical pavments which shall have been directed declared for as much as the said Testator Claude by the Supreme Court to be paid out of such interest are Martin, in and by the 33d article of his said will, had to be continued.” And His Most Gracious Majesty expressed his desire and intention, that in case it should having, by his order aforesaid, ordered, that such last be necessary the protection and assistance of the mentioned report a od 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, inis Court doth hereby accord. T'estamentary dispositions, that if the whole sum of ingly, in obedience to the said order of His Most Grasicca rupess 200,000 bequeathed in the 33d article of cious Majesty, oriler, decree and declare, that so much the said will of the Testator Claude Martin, for finishing of the lasi decretal order in these causes made and pro. of the house of Constantia had not been expended and nounced, on the 10th day of May, 1836, as follows; ihat 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 declare, that a sum of sicca rupees one hundred and general credit of these causes and applied as a building thirty-five thousand nine hundred and twenty-five and and repairing fund for the house and establishment of nine annas has been spent and laid out towards com. Constantia, and ought for that purpose to be paid to the pleting the house called Constantia House, out of Governor-General in Council, or to some person duly the sum of sicca rupees two hundred thousand, which nominated and appointed by the Governor-General in the said Testator by the thirty-third article of bis Council to receive the same, and out of the same funds will calculated might be required for that purpose; standing to the general crédit of these causes a further and that the balance of sicca rupees twenty-four sum of $a. Rs. 100,000 for the support of a College and thousand and seventy-four and seven annas, ought now School at Lucknow, bequeathed in the 33d article of to be set apart froin the funds standing to the general crethe said will, together with accumulations of interest on dit of the three first mentioned causes and carried to the the same, from ihe death of the said Testator until the head of a separate account in these consolidated causes, setting a part of the same, ought also to be set apart, and entitled building and reparing fund of Constantia House the interest thereof from time to time, as the same should and placed at the disposal of the Governor-General in accrue and be received, ought to be paid to the Governor. Council, pursuant to decree of the twenty.third day of General in Council for the time being or to such persons February one thousand eight hundred and thirty-two, as he should duly nominate and appoint to receive the and that in case the same and the funds hereinafter same, in order that the same might be applied for the mentioned as required or the repairs of the said house, purposes in the said 33d article of the said will mention- should not be sutlicient for that purpose, that such fur. to the general credit of these consolidated causes on the apart and carried to a separate account in these causes application of the Advocate-General of the East India entitled, fund for the establishment of General Martin's Company on behalf of the Governor-General in Council. school and college at Lucknow; the said suin so set a. and this court doth further order, decree and declare, that part shall remain under the same bead of credit, pending from and out of the funds now standing to the general creihe reference an i enquiry hereby ordered in pursuance dit of the three first mentioned causes, a further sum of of the order of his most gracious Majesty in his Privy sicca rupees fifty-four thousand and eight hundred ought council aloresaid, relative to the appointinent of trustees to be transferred to the said separate bead of account and the establishment of the said school and college. and fund, entitled sund for reparing and furishing And whereas the saint Julicial committee did further reConstantia House, and paid to the Governor-General in port and recommend as hereinafter next set forth, that is. Council, or some person by him duly authorized to re. lio say," that it shoulil be referred to the Master of the ceive the same, in order that the works many be executed said court to enquire and report to the said court, whe by Major C. J. C. Davidson, Major of Engineers, in ther it is in the power of the Governor-General in Coun. the East India Company's service, or such person as cil, at Fort William in Bengal, 'o aid irustees to be apthe Governor-General in Council shall appoint. And pointed by the said Supreme Court, so as to enable thein this court both further order, decree and declare, that lio give effect according to the testator's will to the beJean Jacques Deverinne, junior, is a fit and proper quest respecting the charitable establishment and insti. person, due regard had to the wishes of the Testator, to l'ution at Lucknow contained in the will of the said tes. fill the office of Superintendent of the said building, and tator, and thereby directed to be attached to the establislio promises that in case of his death, removal for mis. ment of Constantia House, or whether any other and what conduet or resignation, the Governor Generalin Council means through the medium of trustees exist for giving ought to appoint all future superintendents, with due effect to such bequest, and that if it shall appear, that by regard to the wishes of the said testator, as signified in the aid of the said Governor-General in Council or other. his will; and that the care and superintendence of the wise as aforesaid, effect can be given to the said bequest, said buildings can most conveniently, and with due obsero some proper persons be appointel by the said Supreme vance of the wishes of the Testator, be exercised by the court to be the trustees of the said charity, to whom the Governor-General in Council, shall also be, and the interest of the funds applicable for the support of such sime is thereby and by the effect of the said order of charrity should be from time to time paid to be by them council reversed and set a side, and instead thereof, this applied and administered under the superintendence of court both hereby order, decree and declare, that in pur. the said Supreme Court, in founding, establishing and suance of the report of the Master of this Hon'ble Court, keeping on foot the said charity; and that the Advocate bearing latethe 21st day of Novr. 1835, and the facts there. General, the plaintiff in lie hist, and the defendant in in fonnd, a sum of sicca rupees one hundred and seventy the third of the above mentioned causes, should be at tive thousand nine hundred and twenty-five and nine liberty to propose proper persons to be such trustees,'' annas has been spent and laid out towards coinplet- which said report and recommendation His Most Gracia ing the house called Constantia House, out of the sum of ous Majesty was also pleased 10 order should be duly sicca rupees two hundred thousand, which the said Testa. complied with and puuctually carried into effect. This for by the thirty third article of bis will calculated might court doth order, decree and declare, that it be referred be required for that purpose, an Ithat the balance of sicca to the Master to enquire and report, who would be fit rupees twenty-four thousand and seventy-four and seven and proper persons io be appointed trustees of the fund annas ought now to be set apart from the funds standing so set a pari, for the maintenance of the said school and to the General credit of the three first mentioned causes college at Lucknow, and of the following funds for cha. and carried to the head of a separate account in these ritable and other purposes at Lucknow created and car. consolidated causes, entitled, building and repairing ried to a separate head of credit by the decretal order of fun-i of Constantia House, to remain subject to the fur. the tenth day of May, one thousand eight hundred thirtyther order of the court, and that in case the same and six, viz. fund called the building and repairing fund of the funds hereinafter mentioned as required for the re- Constantia House, and of the fund, entitled fund for repairs of the said house should not be sufficient for that pairing and furnishing constantia House and of the fund purpose, that such further sum as shall be necessary be entitled, fund for the payment of pensioners at Lucknow, payable and applicable out of the fund to the general and of the fund entitled fund for the payment of the estacredit of these consolidated causes, in such manner as blishment at Constantia, pursuant to the thirty second the court shall hereafter order and decree, and this article of General Martin's Will. And this court doth court doth further order, decree and declare, that froin order, decree and declare that it is hereby referred to the and out of the funds now standing to the general creilit Master to enquire and report, whether it is in the power of of the three first mentioned causes, a further sum of sicca the Governor-General in council at Fort William in rupees filty-four thousand and eight hundred ought to be Bengal, to aid trustees to be appointed by this court transferred to the said separate head of account and so as to enable them to give effect according to the fund, entitled fund for repairing and finishing Constantia Testator's will to the bequest respecting the charitable House and shall be applicable and payable in like man. establishment and institution at Lucknow contained in ner to the purpose aforesaid uuder the order and direction the will of the said testator, and thereby directed to be of this Hon'ble court, And this court doth farther attached to the Establishment of Constantia House, or order, decree and declare, that Jean Jacques Deverinne, whether any other and what means, through the medium junior, is a fit and proper person, due regard had to the of trustees, exist for giving effect to such bequest ; and wishes of the testator, to fill the office of superintendent that if it shall appaer that by the aid to the said Governor of the said building, pending the enquiry necessary to General in council or therwise as aforesaid, effect can carry into full effect the orders and directions of his be given to the said bequest some proper persons be Most Gracious Majesty in his Privy council aforesaid. appointed by this court to be the Trustees of the said
charity, to whom the interest of funds applicable for the Further order, decree and declare, that in as much as support of such charity should be from time to time by and under the decretal orders of the 23d February paid to be by them applied and administered under the 1832 and 10th May 1836, the amount of the said sum superintendance of this court in founding, establishing and of Sa. Rs. 100,000, being the amount bequeathed in keeping on foot the said chariiy, and that the Advocate the 33d article of the will of the testator, for the support General the plaintiff in the first and the defendant in the of a college and school at Lucknow, together with ac: third of the abovementioned causes, shall be at liberty cumulations of interest thereon, from the death of the said to propose persons to be such trustees to be reported