Repealed or not in force · As amended up to 2026-08
I. When any Commissioned Officer belonging to the Indian Navy
11 die in the Service of the East India Company out of the United gdom, whether his death shall take place on board Ship or on e, the first Lieutenant of the Ship or Vessel to which such Officer nged at the time of his death, or the Officer of such Ship or Vessel next
ACT NO, XIV. OF 1853.
next in rank to the Commander thereof, or the Commander himself if there is no other C'ommissioned OflEicer on board, or any Oficer he may appoint, shall immediately secure all the effects and equipage of the deceased on board the said Ship or Vessel, or on shore in quarters, and any other effects of the deceased within the territorial possessions of the East India Company which the Commander of such Ship or Vessel shall direct orauthorjqe to be collected or secured, and shall with all two years at sea, to be appointed by the Commanding Officer of the said Ship or Vessel, make an inventory thereof, and transmit that inventory together with an account of the debts and credits to the Office of
11. When any Non-commissioned Oflicer, Seaman or other person belonging to or serving in the Indian Navy shall die out `of` the ' United Kingdom in the service of the East India Company, whether _ his death shall take place on board Ship or on shore, the First LieuteChmmaa~der himself if there be no other Con~rnissioned Officer on board, shore in quartersj and any other effects of the deceased within the territorial possessions of the EasX India Company which the Commander of the Ship or Vessel shall direct or authorize to be collected or secured, or Vessel, take an inventory thereof and of hie credits, and shall take
himself if 3er he may : of the ders, and any ons of the or Vessel 11 with all 3ath of the le rank of t less than cer of the , it that in1
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ACT NO. XIV. O F 1853.
care that the same be applied in tho first instance to the liquidation of his marine or ship debts, the remainder if any to be paid over 10 the Secretary to the Government of Bombay in the Marine Department, in order that the same may be paid to the legal representatives of the deceased.
111. When any such Commissioned or Non-commissioned OEcer
or Seaman, or other person shall at the time of .his death as aforesaid have been detached temporarily from his own Ship, and shall be serving 'with another Ship at a distance from his own, the Office;& of the Ship in which the deceased was&rving, as well as the Officers of the Ship to which the deceased belonged at the time of his death, shall act in manner above directed in Sections I. and 11. of this Act.
IV. If any ~ommissioned Officer, or Nan-commissioned Officer,
VI. The effects and credits, within the territories under ,&e Go-
VII. It shall be lawful for the Officers, or other persons so authoriz-
said, to ask. demand and receive any such effects to wbich his authority
AC'T NO. XIV. OF `1853.`
shall extend, and to 'commence, prosecute and carry on any actions or ,suits for the recovery thereof, and to sell and dispose of or otherwise .deal with the same without taking out any letters of administration, weither with any will annexed or otherwise, in every respect as if such Officers or persons employed or authorized as aforesaid had been ap.pointed executors, and had proved the will or had taken out admistration of such. effects; : and no administrator General, ~ e ~ i s t r a r of any
VIIf. All. sums of money due by deceased Officers, Engineers, -.- .,....-.* ,, ."/ marine or ship accounts, and all sums of money due to any agent or Pay-
whether any such marine or ship debts remain due, such question- stlall b decided and concluded by auy order or certificate to be made by the Yeere tary to the (iovernment, and all such paylnents shall be good and valid in law ; and every person who shall lnnke any such payment out of any ar
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:tions or ,herwise stration, if such )eel1 ap- d mistra: of any )intment ny manngineers, Indian ted since ! clothing le Ship's : the cur. . mess . or . or Pay- I n account b expenses ieaman or arid shall,r bounty , Seaman rice of the IS whatsorrson, and 1 relation or not, or illness or lowed, or 1- shall be he Secre-' 1 valid in y such arrears
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rears of pay, effects, or proceeds as aforesaid under the provisions of this Act, or in pursuance af any such order or certificate of such Marine Secre- tRry, or into whose hands any such money shall come, shall be and i s hereby indemnified for and in respect of such payments, and all other acts, matters and things done in pursuance of the provisions of this Act, or of the order or certificate of the said Secretary in relation to the distribution of sue11 assets, anything in any Act or Acts or law or laws to the contrary notwitbstanding.
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IX. 611 such marine or ship debts shall and may be paid without probate of any will or any letters of administration, and the surpl;s only of such arrears of pay or allowances, prize or bounty money, equipage, goods and chattels, or the proceeds thereof, shall be deerned the personal Estate of the deceased for the payment of duty in respect of any probate or of any letters of administration or for tlie purpose of distribution as personal estate, and it shall be lawful for the said Secretary to order and direct the payment or distribr~tion of any s~lch surplus, in any case in which the same shall not exceed Five hundred Company's Repees, without any probate or leiters of administration, oi* payment of any duty of stamps or upon legacies or otherwise, and it shall also be lawful for any Pay-master or other person to issue any sum not exceeding the value of Five hundred Company's Rrupees which may be due to any such deceased Officer, Seaman, or other person unto the widow OF relative of any such OEcer, Seaman or other person, or unto the representative or representatives of any such widow or relative in India in like manner, without any probate or letters of administration or payment of any duty of stamps, or upon legacies or otherwise, the same to he paid to the person who shall be notified by the said Secretary as aforesaid as being entitled thereto, and all such payments respectively sllall be as valid and effectual to all intents and purposes, as if the same had been made by or to any executor or administrator or under the authority of any probate or letters of administration, anything in any Act or Acts or law or laws to the contrary notwitha tanding.
X. Any such effects, or the proceeds or surplus of such effeets, of any Officer, Seaman or other person so dying, when remitted to any person under any order of the Secretary to the Government of Bombay, or to such Secretary, shall not by reason of coming to the hands of such person or Secretary be taken to be assets or emects in the place to which such proceeds
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AC'L' NO. XIV. OF 1853.
or srlrplus may be remitted, go as to render it necessary. that administration Illiii;l,l/[sllould ] [he ][takcn out in respect thereof, and it shall be larrful ] [for ][Ule seere- ] I ~c tary to the Government of Bonlbay to order that such effects or the proceeds orsurplus of any such elreits shall be remittcd to any other place in India where the sanre call more convcnicntly bo paid over to the person or parsous entitled thereto, and the obedience to the orders of such Secretary in respect to the payment and disposal of any such effects, proceeds or surplus of such effects, shall be a discharge from all actions, suits and dcmandsoin respect thereof, to any parson to whose hands any such" effects, proceds or surplus shall have come, and which shall have been paid and disposed of under the order of such Secretary.
XI. The effects or the proceeds or surplus of effects of any such OfK- oer, Seilrnon or other person dying as aforesaid, which shall remain after satisfying such marine or ship debts as aforesaid, shall with all cunvenicnt speed be transmitted to such Secretary as aforesaid, by the Officer or person employed or required to take care of, collect and receive the same, and such Secretary shall cause the same or the surplus thereof remaining after satisfying such debts, and after and subject to such payment and application as is hereinbefore authorized to be paid to the executor or legal representative (if in 1ndia)of such Officer, Seamen or other person, or if such executor or legal representative shall not be in India, or shall not within be by them paid to the executor or legal representative of such Officer, Seaman or other person so deceased, and such remittance at the end of the will annexed, or otherwise in respect of such surplus.
Source: India Code