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pointed by this act for such cols. or agents not giving due accounts of or for the pay of the said officers and soldiers to and for such officers and soldiers themselves" (7).
3. As to what are Regimental Effects.] G. 0. C. C., 12th Oct. 1819. The Most Noble the Com. in chief is pleased to publish, for the information of the regts. composing H. M.'s army in India, the opinion of the law officers of the crown, regarding the construction which has been put upon sec. xix. of the Arts. of War, in a recent case, and confirmatory of the course adopted against the major of one of H. M.'s regts. in this country, for having administered to the estate of a deceased officer of the same corps.
A case (8) on this particular subject having been prepared, for the purpose of ascertaining whether the construction above referred to was justifiably put, as to limiting the functions of the major to the regimental effects of a deceased officer, a copy of the Attorney-gen. and Solicitor gen.'s opinion thereon is hereunto annexed, which appears to coincide in the legality of the proceedings adopted against the regtl. major alluded to.
Opinion. _“ The Arts. of War, sec. xix, art. 1 (9) does not give the major of the regt. a power to collect the general effects of the officer dying ; but only such effects or equipage that he has in camp or quarters, and out of those to pay his regtl. debts and quarters, and to pay the surplus of such effects to his legal representative.
“ By the statutes referred to in the case, the registrar of the court is made the legal representative of British subjects dying in India, whether military or civil, under the circumstances therein stated ; and we think that if the power of the major extended to the general effects, still he would be bound to pay the surplus to the registrar, who had letters ad colligenda granted to him as the legal representative, in India, of the deceased. But we are also of opinion, that the Arts. of War attend only to such specific effects and equipage as are in camp and quarters, namely, camp equipage or moveables, or money actually found in camp, or in his quarters, and not to effects, debts, or money, in the hands of third persons.
(Signed) “ S. SHEPHERD and R. GIFFORD."
(Signed) Thos. M‘Mahon, Col. Adj.gen. 4. As to what are Regimental Debts, and the Duty of a Committee on
Officers (7) The cxxxiii. Ann. M. A., 1824, makes the penalty £100, which is recoverable in any of H.M.'s courts of record, at Westminster, or in any other courts of law, having jurisdiction.
So it would, in India, be recoverable in the supreme court.(See also sec. xliv, M. A., and note 4, p. 254, which is the same as sec. cxxxiii.)
(8) See case 1.
(9) This opinion applies equally to the case of the 3d art., sec. xix. Ann. Arts. of War, 1824.-(See No. 2.)
Officers in his Majesty's Service, dying intestate.) G. O. G. G. in C., July 31 1823.—No. 83, A. of 1823.-1. A question having arisen as to the effect of art. 3, sec. xix, of the Arts. of War, of 1822, in excluding the estates of officers of H. M.'s regts., serving in the East-Indies, from the operation of the act of Parliament, under which the registrar of the Supreme Court of Judicature is empowered and required to apply for letters of administration, of the estates of British subjects dying intestate ; the Gov. genl. in council, with a view to remove any doubt on the subject, directed a reference to be made to the Adv. genl., whose opinion is to the following effect: viz. “ that the art, and sec. above quoted, cannot be legally held to bar the right of the executor or administrator, within the territorial possessions of the E. I. Co., to receive the surplus effects of a deceased officer, after payment of his regtl. debts and expenses of interment; and that it being a part of the public duty of the registrar of the Supreme Court to apply for letters of administration of all British subjects, dying intestate within the territories subject to the presidency of Ft. Wm., the right in question generally devolves on that officer.”
2. In order, therefore, to afford the registrar the most early and authentic information of the state of the assets of British officers, dying under such circumstances, the Gov. genl. in Council directs that the presidents of the committees which assemble on the demise of officers, dying intestate, whether in H. M.'s or the H. Co.'s service, shall forward directly to the registrar of the Supreme Court, a copy, duly authenticated, of the proceedings of the committee, as soon as they are closed.
3. For a definition of the words “regtl. debts,” and what are to be so considered, the Adv.genl. refers to the act of the 58th year of the late King, cap. 73, sec. i, which declares to be such : “ All sums of money due in respect of any mily. clothing, appointments, and equipments, or in respect of any quarters, or of any mess or regtl. accounts, and all sums of money due to any agent or paymaster, or quartermaster, or any other officer, on any such account, or on account of any advances made for any such purpose.”
4. Adverting to the definition of “ regtl. debts,” given above, any payments made by authority of comg. officers, not coming within the intent and meaning of the act, will be at their own risk.
Wm. CASEMENT, Lieut.col., Secy. to Govt. Mil. Dept. · 5. With regard to Officers dying at a Military Cantonment, &c. where their Regiment is not stationed.] Whenever any cadet, who may not be doing duty with any regte, or any officer, who may be unposted, or on leave of absence, or on sick certificate, or on account of wounds, may die at a mil. cantonment, at which his regt, is not stationed, the comg. officer of such station (10) would direct a committee
of (10) Henley's Bengal Mil. Regns., p. 160.
of officers to be assembled, and act with respect to the effects and debts of such deceased officer, as is directed by the Arts. of War ; and would conform to the directions contained in G. O. G. G. in C., dated July 31st, 1823. (See No. 4.)
6. With regard to the Effects of Officers, &c. dying intestate, or otherwise, at Civil Stations.] It has been shewn at No.3, what are the effects of an officer, which are to be collected on his dying; and that such are the effects which may be found in camp, or quarters, and not his general effects, i. e. those which may be found elsewhere.
The following regn,, by the Bengal government, will serve to explain what would appear to be the course to be pursued in the case of an officer, dying intestate, at any civil station.
A. D. 1806, Regulation XV. “ VI—Sec. vii, Regn. V. 1799, prescribes rules for the guidance of the zillah and city judges, with respect to the charge of the unclaimed assets of estates of Europeans dying intestate. It being, however, enacted, in statute 39 Geo. III. Chap. Ixxix, sec. 21, that whenever any British subject shall die intestate, and neither a creditor, nor the next of kin, shall apply for letters of administration, the registrar of the Supreme Court shall administer to the estate of the deceased, it shall be the duty of the zillah and city judges, whenever any British European subject shall die within the limits of their jurisdictions, and no will shall be found among
the effects of the deceased, to report the circumstance, without delay, to the registrar of the Supreme Court of Judicature, retaining the property under their charge, until letters of administration shall have been obtained by that officer, or by some other person from the Supreme Court of Judicature, when the property is to be delivered over to the person obtaining such letters; or, in the event of a will being subsequently discovered, to the person who may obtain probate of the will."
It may so happen, that an officer, &c., on his way to join his regt., or on leave of absence, may die at some civil station. It is usual for the judge and magistrate to collect lis effects, under the circumstances above stated, and to place them under the seal of his court, and to notify the same, for general information, with a view of apprizing his executors, next of kin, or those having claims on the estate of the deceased.
The regn. uses the term Europeans generally. In the case of any officer, &c. so dying, I conceive the following would be the course adopted ;
The opinion of the Attorney-gen. and Solicitor-gen. (see No. 3), shews that effects or money, in the hands of third persons, are not to be collected by the majors of regts.; and, therefore, such as may be under the seal of the judge and magistrate of the civil station, at which the officer dies, would be effects and money in the hands of third persons. The judge and magistrate has nothing to do, in this case, I conceive,
but to act in the manner prescribed by the above regn. He would see that the officer's funeral was properly arranged; report his death to the
comg officer of the regt. to which he had belonged; and would defray the funeral expenses out of any money which might be found in his possession, or arising from the sale of his effects, if necessary. But I conceive that he is authorized to cause a sale of his effects, as far as may be necessary to satisfy the wages due to his servants, and to satisfy his regtl. debts, as specified in para. 3 of No. 4; but, with respect to the overplus, I apprehend he would act conformably to the
The object of a sale of the effects is, in case there be not money to answer the purpose, to provide for the immediate payment of funeral expenses, and of regtl. debts, which ought to be immediately adjusted.
7. With regard to the Estates and Effects of deceased Native Officers and Sepoys.] G. O. P. C. 19th May, 1807. 1. “The period allowed for receiving claims and adjusting the amt. of estates of deceased native officers and soldiers, having been extended by the orders of govt. from three to twelve months, ample time is thereby allowed for communication with the families of the deceased, and for every investigation that can be necessary on the occasion. The Provl. Com. in chief, therefore, enjoins comg. officers of corps to make it their particular duty, to see that all such claims are promptly and strictly attended to.
Registers, containing distinct statements of the proceeds of estates of all native commissd. officers, are to be kept by adjts. of corps respectively, under the immediate direction of their comg. officers.
2. “ Similar registers are to be kept by officers in command or charge of troops, companies, &c. of the estates of all non-commisd. officers and privates, to be made up to the 31st Dec. of each year, at which period copies are tobe laid before the comg. officer, for the purpose of being recorded by adjts. of corps in a register, to be kept for that purpose.
“Whenever any doubt may arise with regard to the right of persons who may claim the estates of deceased officers or soldiers, the testimony of any native commissd. or non-commissd. officer, or even private sepoy in the service, of good and respectable character, is, together with the receipt, to be taken on the occasion, to be considered as sufficient grounds for making payment to the claimants; and all property of that description, which may remain unclaimed, at the expiration of one year from the date of the casualty, is to be forth with remitted to the genl. treasury at the Presidency, agreeably to the regns. now in force" (11).
G. O. G. G. in C., 17th June, 1809. 1. “Some doubts having been entertained with regard to the intention of the orders in force respect
ing (11) Henley's Bengal Mil. Regns., p. 241.
ing the property of deceased native officers and sepoys, as contained in the Arts. of War, sec. xiii. arts. 1 (12) 2 (14), and the regn. of govt. passed on the 7th May, 1781, 21st Oct. 1792, 12th Aug. 1796, and 14th May, 1807, the G. G. in C. is pleased to direct, that the substance of those orders be republished for genl. information, accompanied with such explanation as has been deemed to be necessary, upon the points on which differences of opinion have existed.
" When any native commissd. officer, may die or be killed in the service, the comg. officer of the batt. shall secure his effects, and direct an inventory thereof to be taken by a subadar and two jemadars ; a duplicate of the inventory, countersigned by the comg. officer of the battn., is to be delivered to the col. or officer comg. the regt. (16), and afterwards lodged in the adjt.'s office; if there be no executor on the spot appointed by the deceased, the effects are to be publicly sold; the comg. officer of the batt., after discharging the debts of the deceased, specified in sec. xiii. of the Arts. of War, viz. his debts in camp or quarters, and the expenses of his interment, shall account for the residue to the heir or heirs declared by will, whether written or verbal, or in failure of such, to the legal representatives of the deceased; and in the event of no executor, heir, or other legal representative of the deceased attending and establishing his claim, within twelve months from the date of the casualty, the amt, in the hands of the officer having charge of the estate, is to be remitted to the gen. treasury at the Presidency, by a bill of exchange, to be granted on the payınast.gen. by the paymaster of the corps (17), to which the deceased belonged, or with which he was serving at the time he died.”
(12) Sec. xiii, art. 1, Arts. of War for Bengal Native Troops. “When any commissd. officer shall happen to die, or be killed in service, the officer comg. the regt., troop, or comp., to which he did belong, shall immediately secure all his effects or equipage then in camp, or in quarters; and shall, before the next regtl. ct.-Inar, (13), make an inventory thereof, to the end that his erecutors may, after payment of his debts in quarters, and interment, receive the overplus, if any be, to his or their use."
(13) This is not the practice.-(See note 14.)
(14) Sec. xiii, art. 2, Arts. of War for Bengal Native Troops. “When any noncommissd. officer or private soldier shall happen to die, or to be killed in the service, the then comg. officer of the troop or comp, shall, in the presence of two other commissd. officers (15), take an account of whatever effects he dies possessed of, above his uniform clothing, arms, and accoutrements : which said effects are to be accounted for to his lawful heirs, as is above directed.”
(15) The practice is for a committee consisting of a subadar and two jemadars, in the case of a native commissd. officer, superintevded by an European commissd. officer. In the case of non-commissd. officers and sepoys, &c. the officer comg., &c, the troop or comp. superintends the committee, which consists of the native commissd. officers of the comp..
(16) In consequence of battns. being formed into regts., this part of the above order is rendered inapplicable.
(17) There are no paymasters to corps in the Bengal army. The interpreter and quart. masters of corps, at Madras, assist the paymasters of division in examining the pay abstracts. The above means paymaster of the division.