Section 111

111. Any person now holding the office of Administrator General at Continuance of exany of the said Presidencies, shall continue to hold the * isting incumbentssame, subject to the provisions of this Act. IV. The Administrator General shall not be deemed in that capacity to be an officerbof the Supreme Court. Adnlinistrator General an officer to of be thdemed e SUpreme Court. V. . All A ACT No. VIII. OF 1855. V. All letters of administration, which, since the passing of Act So. 1 I. of 1850, have been granted by the Supreme tration eranied to the Letters .of adminisCourt of Judicature at ~ o r t St. George to the Ecclesias~cclesidtical Regis- trar of the Madras Sutical Registrar of that Court in virtue of his office, and reme Court siuce Act all estates, effects and interests, books, papers and docuPI. of 1850, -and Estates, &c. tra~~sferred[ments, now vested in, or belonging to the said Ecclesias- ] to Administrat~r Gcneraltical Registrar, or under his control, by virtue of any such letters of administraticn, are by this Act transferred to and vested in him as Administrahor General of that Presidency, and such letters of administration shall have the same effect in all respects as to any, act hereafter to be done or required to be done under this Act as if they had been granted to him as Admillistrator Gcncral. VI. The two offices of Ecclesiastical Registrar of the The present Administrator General of Supreme Court and Administrator General may be held Madras may hold the offie2 of Ecclesiastical by the present 'Administrator General at the Presidency Registrar. of Zort St. George. WBh that exception, no person IIQW Otherwise no Administrator General to be,. ,holding the office of Administrator General, or hereafter Ecclesiastical Registrar. -- - *to be appointed to such office, in any of the said PresiAdministrator Gene- dencies, shall hold the office of Ecclesiastical Regisral other office not to without any trar, nor, without the express sanction of Governsanction of Governmerit, any other oftice, together with that of Admiment. Proviso. nistrator General. Provided that nothing in this Act shall prevent the present Administrator General of Bengal from holding the office of Receiver of the Supreme Court of Judicature now held by hi.m. VII. Unless the Governor General of Iridia in Council or the Government with the sanction of the Governok General of Gec~irity to be given byAdministratorGeneIndia in Council shall otherwise order, every Adminisral. trator General hereafter to be appointed shall give security to the East India Coinpany for the due executiondof his office, for one lakh of Rupees by his own-bond and for another lakh of Rupees, or for separate sums amounting together to one lakh of Rupees, by the deposit of Government Securities or by the joint w d several bond or bonds of two or more sureties to be approved by Government, or partly by such deposit and partly by such bond or bonds ; provided that every Adminis$rator General Substitution of se:[may, with the consent of Government, kxfbstitute either ] > curity Or sureties. of the said two last mentioned kinds of security for . another - r `r` t `p` 1 \ Y * ACT NO. VPPI. OF 1855. another previously given for such last mentioned lakh or any part of it ; and every Admirlistrator G~nernl mzy, with the c3nssnt of Government, and shall from time to time when required by Governm3nt so t o do, cause fresh sureties to be substitut-d fir any of those previously bound so far as the security shall relate to the due execution of his office for the time then to come. VIII. No Administrator General shall be ~equired by the Supreme SecorItv to be be Court to enter into any administration bond, or to give by -Supreme other* security to the Court, on the grant of any letters of administration to him in virtue of his office. No SecorItv to be be by -Supreme Court on grant of letters to Administrator General. IX. Any letters of administration, or letters ad colligenda bona, Admii~istrator Genewhich shall hereafter be granted by the Supreme Court ralentitledtolettersof of Judicature at any of the said Presidencies, shall be administration, unless granted to next of kin granted to the Administrator General of the Presidency, of deceased. unless they ;hall be granted to the next of kin of the deceased; and it is hereby declared that the Administrator General of Administrator Genethe Presidency shall be deemed to ha* a right to letters - ral entitled ence to creditor in prefer- or of administration in preference to that of any person friend. merely on the ground of his being a creditor or friend of the deceased. X. The words " next of kin" shall be deemed throughout this Act to Constructionofwords include a wido~er or widow sf the deceased, or any other " next of kin." person who, by law ahd accordipg to the practice of the Courts, wbuld be entitled to letters of administratibn in preference to a cre"" to ndministration Ecclesiastical Itegis- le entiiied by Registrar or other Officer of any of the said Courts, ditor of the deceased. Provided that no Ecclesiastical reason of his ofice, shall, by reasoil of his office, be deemed entitled to any letters of administration or ad collzngenda bona, or have any grant thereof made to him. XI, If any person, not being a Mahomedan or Hindoo, shall have died, whether within any of the said Presidencies or not, When admiuistration of estates of per-[and whether before or after the passing of this ,Act, and ] homedans or f-Iindoos sons other than Mashall, if a British subject, have left assets exceeding the isto be Adminis- value of five hundred Rupees within any of the said trator General. Presidencies, or any of the Provinces or places subject thereto, ACT No. VIII. OF 1855. thereto, or shall, if not a British subject, have left personal. assets exceeding five hundred Rupees within the local limits of the jurisdiction of the Supreme Court of Judicature at any of the said Presidencies, and no person shall, within one month after his death, have applied for probate of a will, or for any letters of administration of his estate, the Administrator General of the Presidency in which such assets shall be is hereby required, within a reasonable time after he shall have had notice of the death of such person, and of his having left such assets as aforesaid, to take such proceedings as may be necessary to obtain frop the Supreme Court of Judicature at such Presidency letters of administration to the effects of such person, either generally or with a will annexed, as the case niay require. Provided that assets, which any person may be entitled to collect, Proviso as to assets under ~ c t XX. of receive, or dispose of, by virtue of a certificate granted 1841. under Act XX. of 1841, shall npt be deemed assets within the meanillg of this Section. ==> picture [5 x 7] intentionally omitted <== XII. Whencger any person, whether a Mahornedan or Hindoo or not, shall die leaving assets within the local limits of Upon deakh of any person leaving assets the jurisdiction of Her Majesty's Supreme Court of within local limits, the court may, if assets Judicature at any of the said Presidencies, it shall are Administrator General in direct be lawful for the Court, upon the applicatiop of to apply for adminis- any person interested in such assets or in the due tration. administration thereof, either as a creditor, next of kin, or otherwise, or u p n the application of a friend of any infant who may be so interested, or upon the application of the Administrator General, if the applicant shall satisfy the Court that danger is to be apprehended of the misappropriation of such assets, unless letters of administration of the effects of such person are granted, to make an order directing the Administrator General to apply for letters of administration of the effects of such person. a XIII. Section XX. Act No. XIX. of i841 is hereby repealed, except Itepeal of Section 20 as .to acts done and except as to any case inswhich an order Act XIX. of 1841. sballhave been made before the commencement of this act. " XIV. Whenever 1 t j I * ACT No. VIII. OF 1855. XIV. Whenever any person, whether a Mahornedan or Hindoo or not, shall have died leaving moveable or immoveable property person leavin proper- 'pan death of any within the local limits of the jurisdiction of any of Her Court ty within may, if propert fimits, Majesty's Supreme Courts of Judicature, and such Court is in danger, enjoin AJ shall be satisfied that danger is to be apprehended of the miuistrator General to collect and hold the misappropriation or waste of such property, before it can same untilright of succession or adlninistrsbe ascertained who may be legally entitled to the succestionisascertained. sion to such property, or whether the Administrator General `is` entitled to letters of administration to such deceased person, it shall be lawful for the Court to authorize and enjoin the Administrator General to collect and take possession of such property and to hold or deposit, or invest the same according to the orders and directions of the Court, and in default of any such orders o_r directions, according to the proyisions of this Act so far as the same are applicable to such property ; and the Admi- Rate of Cbrmnission[nistrator General shall be entitled to a commission of one ] payable in such case. per cent. upon the amount of all personal assets collected or received by him in pursuance of such order ; and in case letters of administration of any such effects ghall be afterwards granted to the Administrator General, the said commission of one per cent. shall be deemed a part payment of the commission payable to the Administrator Generql under the letters of administration. Any order of Court made under the provisions of this Section shall entme the Administrator General to collect and to take possession of such property, and if necessary, to maintain an action for the recovery thereof. XV. The Administrator General of the Presidency ~ c t[may be appointed an official Trustee under Act No. ] XVII. of 1843. Administrator Gencm1 Trustee may under be OBcia1 XVII. of `la&.` XVI. If in the course of proceedings to obtain letters of administr a t' ion under the provisions of Sec. XI. or Sec. XII. of this Act, Probate `to` be granted to eetecutor appearany executor appointed by a will of the deceased shall ing in the course of ceedings taken by pro- Ad. appear according to the practice of the court and prove ministrator Gelleral to the will and czccept the office of executor, or if any person obtain administration. shall appear according to such practice and make out his claim to letters of adrniisiration as next of kin of the deceased, aqd shall . give such security as shall be required of him by law or by the praitice of B the the ACT No. VIII. OF 1853. the Court, the Court shall grant probake of the will or letters of administra- tion accordingly, and shall award to the Administrator General his costs of tllc proceedings so taken by him, to be paid out of the estate a8 part of the testamentsly Costs of proceedings taken by the Administrator Ceue~al to be paid ont of the estate. expenses thereof. - - XVII. If no person shall appear according to the practice of the Court, ~f no executor or[and entitle himself to probate of a will, or to a grant of ] letters of administration, as next of kin of the deceased, or if the pkrson who shall entitle himself to a grant of administration shall neglect to give such security as shall be required of him by law. or according to the practice of under Section XII. of this Act for letters of administration to the effects of a deceased Maholhedan or Hindoo, the Court may refuse to grant letters of administration to any person if it be satisfied that such grant is unnecessary for the protection of the assets, and in such case the said Court shall make such order as to the costs next of kin appear or ivenecessaq security, Betters of ndministmtion to be granted to Administrator General. the Couh, the Court shall grant letters of Administration to the Adminis- trator General. Provided that, in the case of ap application being made Administration `to` effects of of deceased Maho- Mahomedans or Hindoos not tobe rmtedunder Settion $11, unless required to protect the assets. fects of of deceased Maho- Mahomedans or Hindoos not tration to the effects of a deceased Maholhedan or tobe rmtedunder Set- Hindoo, the Court may refuse to grant letters of adminis- costs of unnecessary application. of the application as it shall think just. X V I I I . Nothing in this 4 c t is intended to pre- Administrator General not precluded from for letters of letters of of admillistvation in any Administrator General not precluded from[clude the Administrator General from applying to the ] for letters of letters of of Court for letters of administration in any cas&iK any case w i t r i one month in the , period of one month from the death of the after death of deceased. , deceased. ' XIX. If any letters of administration, which shall be granted to the Administrator General under the provisions of this Act, shall be revoked, or recalled, the same shall, so far as regards the Administrator General and all persons acting under his authority in pursuance thereof, be deemed to have been only voidable, except as to any act done by any such Administrator General ,or other will or of any other fact which would render such letters of administration void. Provided that no notice of a will or of any other fact which would Afterrevocation;let. ters of administration grantedto AdmhistraGeneral to ed as to him to have been Toidable only. Exception. person as aforesaid, after notice of a will or of any other fact which would Proviso. render any such letters of administration void, &all affect the Administrator General `1` S 1 B 0 $ 9 * ACT No. VIII. OF 1855. General or any person acting under his authority in pursuance of such letters of administration, unless, within the period of one nzonth from the time of giving such notice, proceedings be con~inenced to prove the will or to cause the letters of administration to be revoked, nor unless such proceedings be prosecuted without unreasonable delay. XX. If any letters of administration which shall be granted under this Act, shall be revoked upon the production and proof payments of a will, all payments'nlade or acts done by or under the authority of the Administrator General in pursuance of such letters of administration prior to th8 revocation Of a thereof, which would have been valid under any letters of administration lawfully granted to him with+ such will What payments made or acts done by Administrator General prior to revocation of Administration pruriuction Of a shall be deemed valid. annexed, shall be deemed valid, notwithstanding such revocation. XXI. If an executor or next of liin of the deceased, who shall not have been personally seived with a citation, or had notice I n what cases Court mavrecallAdministra- thereof in time to appear in pursuance thereof, shall establish to the satisfaction of the Court a claim to tration and grant probate, &c-, to executor probate of a will' or to letters of .administration in preor next of kin. ference to the Administrator General, any letters of administration which shall be granted by virtue of this Act to the Administrator ~ e n e r i l , may be recalled and revoked, and probate may be granted to such executor, or let&rs of administration granted to such other person as aforesaid. Provided that no letters of administration, Unless amill is proved, to rewhich shall be granted to the Administrator General, voke such adrninistra- tlonmustbelnacle shall be revoked or recalled for the cause aforesaid, except in One year and with- in cases in which a will or codicil of the deceased shall be out lleedless delay. proved, unless +he application for that purpose shall be made within one year after the grant to the Administrator General, and the Court shall be satisfied that there has been no unreasonable delay in making the application, OP in transmitting the authority under which the application * shall be made. XXII. If any letters of administration, which shall be granted to the Cost:, of obtaining Administrator General in pursuance of this Act, shall be revoked, the Court may order the costs of obtaining such mission, kc., may, on evocation, be orderrd letters of administration and the whole or any part of any by Court to be paid to the Administrator Ge- commission which would otherwise have been payable neral out of the assets. undor this Act, logether with the costs of the ~ d m i n i s - trator . . - `b` ==> picture [121 x 17] intentionally omitted <== trator General in any proceehings talren to obtain such revocation, to be paid to or retained by the Administrator General out of any assets belonging to the estate. XXIII. Any payment or delivery of assets to any legatee, or to any After one year fronl person entitled in distribution, which shall be made by an rantofadmmistrat1on* Administrator General after the expiration of one year 8istribution of nssetsby Administrator General from the grant of the letters of administration under to be allowed against all claims of which 11e which such payment or delivery shall be made, shall be bad no notice. .-+ allowed to the Administrator General as against all creditors and other claimants against the estate, of whose debts or claims he shall not have had notice before making such payment or delivery. Provided that nothing herein contained shall exempt the person to Person receiving p~ynents liable to re-$ whom such payment or delivery shall be made, from any und. liability to refund to which he would otherwise be liable, and provided also that no notice of-any debt or claim shall affect-the Adminisma t obe notice of trator General unless proceedings to enforce the debt or debt or claim. claim be commenced within one month after the giving of such notice and be prosecuted without unreasonable delay. XXIV. All letters of administration, which shall be granted to any Letters of adminis-[Administrator General in virtue of his office, shall be ] tration to be granted to Administrator General granted to him by his name of office, and all letters of in virtue Of his Office. administration heretofore granted to the Ecclesiastical Registrar or Administrator General officially, or which shall be granted to any ~ ~ t hgiven by ~ ~ i tAdministrator General in virtue of his office, shall autho- ~ such letters. rize the Administrator General for the time being of the same Presidency to act as administrator of the estate to which such letters of administration shall relate ; and all estates, effects and interests, which, at On death, &c. o f ~ d -[the time of the death, resignation or removal from office ] ministrator estate, &c., to Genera', vest in[of any Administrator General, shall be vested in him by ] successor. virtue of such letters of administration shall, upon such resignation or removal, cease to be vested in him, and shall vest in his successor in office immediately upon his appointment thereto ; and all books, And books to papers and docun~ents kept by such Administrator be transferred. General By virtue of his office, shall be transferred to, and vested in his successor in office. ==> picture [69 x 19] intentionally omitted <== ACT No. VIII. OF `1555.` XXV. All act!ons, suits or other proceedings, which &all be eommence'd ' ~drnini'strator Gene-[by or against any Administrator General in his representa- ] re1 to sue or be sued in his representative ca-[tive character, may be brought by or against hinl by his ] pacity by of name of office, and no suit, action or other proceedings office. Snit not to abate by alrea*dy commenced, or which shall be commenced against death, &c. any person as Administrator General, either alone or jointly with any other person, shall abate by reason of the death, resignation or removal from office of any such Administrator General, but the same may, by order of the Court, and upon such terms as to the service of notices or otherwise as the Court may direct, be continued against his succesior immediately upon his appointment, in Ohe same manner as if no such death, resignation, or removal had occurred. Provided that nothing hereinbefore contained shall render any such successor Proviso. personally liable for any costs incurred prior to the order for continuing the action or suit against him. XXVI. The Administrator General of each of the said Presidencies under any letters of administration which shall be granted Commiesion to be received by Administrato him in his official character, or under any probate tors General. which shall be granted to him of a will wherein he shall be named as executor by virtue of his office, and the Administrator General of Madras under any letters of administration which are vested in him by Section V. of this Act, shall be entitled to receive a commission, at the following rates respectively ; via : The 4'dministrator General of Bengal qt the rate of 3 per cent., and the Administrators General of Madras and ~ o m b a ~ respectively at the rate of 5 per cent., upon the amount or value of the assets which they shall respectively collect and distribute in due course of administration. XXVII. The Commission to which the Administrator Geneial of each of the said three Presidenkies shall be entitled, is inw h a t expenses, &c., cOmmibsiOn is tocover. tended to "cover not merely the expense and trouble of collecting the assets, but also his trouble and responsibility in distributing them in due course of administration. It is therefore enacted that one-half of such commission shall be payaBle to and retained by How payable. such Administrator General upon the collection of the assets, and the other half thereof shall be payable ta the Administrator c General General ACT No. VIII, OF 1856. General who shall distribute any assets in the dae- course of 'administration and may be retained by him upon such distribution. The Commission retained to be deemed a distriamount of the commission la~vfully retained by an Admibntion. nistrator General upon the distribution of assets shall be deemed a distribution in the due course of adrninistrdtion within the meaning of this Act. XXVIII. The Governments of the said Presidencies of Fort St. Commission of the[George and Bombay respectively, may, with the sanction ] AdministratorsGeneral of the Governor General of India in Council, from time of Madras aud Bombay may be reduced and to time, order the aforesaid rate of commission hereby again ralsed. authorized to be received by the Administrators General of those Presidencies respectively to be reduced and again to be raised Pro- vided that the comnlissioh so to be received shall not at any Pr~viso. time exceed five per cent. of the assets collected, and that no person now holding the office of Administrator General of either of the said Presidencies of Fort St. George or Bombay shall, by any such order, be deprived of the right to receive and retain for his own use, a commission at the rate of three per cent. in respect of all assets collected and actually administered by him, XXIX. The Administrator General shall defray all the expenses of Administrator Gene-[the establishment necessary for his office, and all other ] raltodefra of establis l nlent and expenses charges to which the said office shall be subject, except all other charpa not those-for which express provision is made by this Act. expressly provided for. * XXX. No person other than the Administrator General acting 0%cially, shall receive or retain any commission -or ager~cy Commission or agency not to be charged charges for anything done as executor or administrator by executor or administrator other than the[under any probate or letters of administration, or letters ] Administrator General. ad colligenda Bona, which have been granted b i the Supreme Court of Judicature at Fort William ia 13engal since the passing of Act No. VII. of 1849, or by either of the ,%aid otheKSupreme Courts of Judicature since the pkssing of Act No. 11. of 1850, or which shall hereafter be granted by e5ther of the said Courts ; but this enactment shall not preSpecific bequest in[ve%i any executor or other person from having the bene- ] favor of executors not fit of any legacy bequeathed to him in his character of affected. executor, or by way of commission or otherwise. XXXI. The I ACT No. VIII. OF 1855. XXXI.[The Atlnlinistrator General ][of ][each pf the said Presidencies ] shall enter iilto books, to be kept by him for that purAdn~inistrator General to keep % pose, separate and distinct accounts of each estate, and of actount-book eatate, to be open to in- for each all such sums of money, bonds and other securities fur spection, kc. on pay- money, goods, effects and things, as shall come to his ment of fee, kc. hands, or to the hands of any person employed by him, or in trust for him, under this Act, and likewise of all payments made by him on accouilt of such estate, and of all debts due by or to the same, specifying the dates of 'such receipts and payments respectively, which said books shall be kept in the Administrator General's Office, and shall be open for the inspection of all such persons, practitioners in the said Courts and others, as may have occasion to inspect the same, at office hours, paying only such reasonable fee as hath been or shall be, from time to time, fixed by the Government and published in the official Gazette of the Presidency to which the same may relate. XXXII. The Government shall have power, from time to time, to make G~~~~~~~~~ may[and alter any general rules and orders consistent with ] make and orders consistent and a'ter N1es the provisions of this Act, for the safe custody of the with this Act. For custody of assets.[assets and securities which shall come to the hands or ] For remittance of possession of the Administrator General, and for the money. remittance to the East India Company at their House in England of all sums of money which shall be payable or belong to persons resident in Europe, or in other cases where such remittances shall F~~ &dance of Ad. be required, and generally for the guidance and governministrator ment of the Administrator General in the discharge of his duties ; and may, by such rules and orders, amongst other things, direct what books, accounts and statements, in addition to those mentioned in this Act, shall be kept by the Administrator General, and in what form the same shall be kept and what entries the same shall contain, and where the same shall be kept, and where and how the assets and securities belonging to the estates to be administered by such Administrator General shall be kept and invested or deposited, pending the administration thereof, and how and at what rate or rates of exchange any remittances thereof shall be made. Unless any such rules shall be made and pubproviso as to rules lished, the rules now in force in each of the said Presidennow in force. aies so far as the same are not inconsistent with this Act, ahall ACT No. VIII. OF `1555.` shall be of the same force and effect as if the same had been made and published under this Act. XXXIII. Such orders shall be published in the official Gclzettes of the of orseveral Presidencies, and it shall be the duty of the ders, &c. several Administrators General to obey and fulfil the same, and the same shall be a full authority and indemnity for all persons acting in pursuance thereof. XXXIV. The Administrator General of each of the said Presidencies shall, twice in every year-that is to say, on the first Administrator General to furnish hdf- day of March, and on the tenth day of August, or on the yearly Schedules, &c. first day on which the, Supreme Court of Judicature at the Presidency shall be sitting after those days, or on such other days as the Government shall, by any rules or orders to be published as aforesaid, direct--exhibit and deliver, in open Court, a true Schedule showing €he gross amount of all sums of money received or paid by him on account of each estate in his charge, and the balances during the period of six months, ending severally on the thirty-first day of December and thirtieth day of June next before the day of delivering such Schedule, and a true list of all bonds or other securities received on account of each of the said estates during. the same period ; and also a true Schedule of all administrations, whereof the final balances shall have been paid over to the persons entitled to the same, during the same period, specifying the amount of such balances, and the persons to whom paid, which Schedules shall be filed of record in such Schedules to be file,[Supreme Court of Judicature, and shall, within fourteen ] and published. days afterwards, be published in the official Gazette of the Presidency by the said Administrator General ; and copies thereof in triplicate shall be delivered by such Administrator General to the Secretary of the said Presidency, and shall be sent by the Governor thereof to the Court of Directors of the East India Company, in order that the said Coud of Directors may, if they think fit so to do, order the same to be deposited at the East India House, London, for public inspection, and may cause notices to be published in the London Gazette and other leading newspapers, . . that such Schedules are open to inspection there, or may make such other - orders respecting the same as they may think fit, XXXV. The ACT No. VIII. OF 1855. XXXV. The Government shall, from time to time, appoint an audiG~~~~~~~~~~ to aptor or auditors to examine the accounts of the Adminispoint Auditors. trator General at tlie times of the delivery of the said Schedules, and also at any other time when the Government shall think fit. XXXVI. The auditor or auditors shall examine the Schedules and Auditors to examine accounts, and report to the Government whether they Schedule, and report contain a full and true account of every thing which to Government. ought to be inserted therein, and whether the books which, by this Act, are, or which, by any such general rules and orders as aforesaid, shall be directed' to be kept by the Administrator General, have been duly and regularly kept, and whether the assets and securities have been duly kept and invested and deposited in the manner prescribed by this Act, or which shall be prescribed by any such"ru1es and orders to be made as aforesaid. XXXVII. E~lery Auditor shdl have power to summon as well the Audilors to have Administrator General as any other person or persons power to summon witnesses and to call far . whose presence he may think necessary, to attend him books, &c. from time to time - : and to examine the Administrator General, or other party or parties, if he shall think fit, on oath or solemn affirmation, to be by him administered; and to call for all books, papers, vouchers and documents, which shall appear to him to be necessary for the purposes of the said reference ! and if the 'Administrator General or other person or persons when summoned shall refuse, or, bithout reasonable cause, neglect'to attend or to produce any book, paper, voucher or document required, or shall attend and refuse to be sworn or make a solemn affirmation, a-hen by law an affirmatib? may be substituted for an oath, or shall refuse to be examined, the kuditor br Auditors shall certify such neglect or refusal in writing to the Suprenie Court of Judicature at the Presidency ; and every Pellslty for person so refusing or neglecting shall thereupon bi! tendance. punishable, in like manner as if such refusal or neglect had been in contempt of the said Supreme Court. XXXVIII. The costs and expenses of preparing and publishing - : the said Schedules and copies thereof, and of every such Costs of preparing Sclledule, &c. how to reference and examination as aforesaid, shall be defrayed be paid. by all the estates to which such schedules or accounts shall relate, which coats and expenses, and the portion thereof to be contri- buted D ' I 4 4 4 `-9` 3 A: - -- " .- - -"-"_"---.__ -"- - ~ -"- ~ %.,r*+v-.--- ?-- "-- z,-eT,-- -T `.---a` --.- `.-P.V/. 7` -* - , --'-? ACT NO. VIII. OF. `sk855.` buted by each of the said estates, shall be ascertained and settled by the Auditor or Audit~rs, subject to the approval of the Government, and shall be paid out of the said estates accordingly by the ~dministrator General XXXIX. If upon any such reference and examination, the Auditor Andihrs to report[or Auditors shall see reason ][to ][believe that the said Sche- ] 'peCia1~ ment, if to necounts Govern- ap dules do not contain a true and correct account of the pear not correct. matters therein contained, or which ought to be therein contained, or that the assets have not been duly kept and invested or de' posited in the manner directed by this Act, or which shall be directed by any such rules and orders as aforesaid, or that h e Administrator General has failed to comply with the'provisions and directions of this Act, or of any such Ales and,orders, he or they shall report accordingly to the Government. `XL.` The Government may refer every such report as last aforesaid to the consideration of the Advocate General for the Presi- proceeainga such report. dency, who shall thereupon, if he shall think fit, proceed summarily against the defaulter or his personal representative in the Supreme Court of Judicature in the Presidency, by petition for an account, or to compel obsdience to this Act or to such rules and orders as aforesaid, or otherwise as he may think fit, in respect of all or any of the estates then or formerly under the administration af such defaulter ; and the said Advocate Ge-neral shall have power to exhibit ~interrogatorip to the said Administrator General: or other pwson or persons, defendants, who shall be bound to answer the same as fully as if the same had been contained in a bill filed for the `like` purpose ; and the Court shall have power upon any such petition, to compel $he attendance in Court of the defendant .or defendants, and any witnesses who may be thought necessary, and to examine them orally or otherwise as the said Court shall think fit, and to make and enforce such order or o~ders fit, and to make and enforce such order or o~ders and to make and enforce such order or o~ders aa tht$lr>urt shall think just. the said Court shall think fit, and to make and enforce such order or o~ders fit, and to make and enforce such order or o~ders and to make and enforce such order or o~ders XLI. The costs, including those of the Advocate General, and of the Costs of reference, kc, reference to him, if the same shall be directed by the ho? Q be defrayed* Court to, be paid, shall be .defrayed either by the defepdant or defendants, or out of the estates rateably as the said Court ahall direet ; qnd whenever any costs shall he recovered from the defendq~t he recovered from the defendq~t recovered from the defendq~t or defendants, the same shall be repaid ta the estates by which the rraine rshqll bqve been in the first instance csntri)su$ed, ~zld the `Court` shall, have ahall direet ; qnd whenever any costs shall he recovered from the defendq~t he recovered from the defendq~t recovered from the defendq~t power ACT No VIII. 'OF 1855. power to order the Administrator General, or other person or persons, defendants, to receive his or her costs out of the said estates, if it shall think 5t. Orders of the Court 6 XLII. Any orders which shall b'e made by iny of to have same effect and the 'said Supreme Courts shall have the sanle effect, and to be executed in same manner as decretal be executed in the same manner as decretal orders. orders. +, -, ~* - - XLIII. Whenever any person, not being a 3Iahomedan or Hindoo, shall h,a$e died, whether within any of the said Presiden- In what case Admi- nistrator General may cies or not and whether before or after the passing of this gmn$ certificate. Act, and shtill, if a British subject, have left perso6al assets withixi any of the said Presidencies or any of the Proyinces or places subject thereto, or ghdl, if not a British subject, have left personal a&&s *@in -the 1091 limits of,tbe jurisdidion of the Sup~eme. Coul?t of Judicature at any of the said Presidencies, and letters af ahinisbration of his effects shall not* be taken out for three months afkr his death, and the Administrator General of suck Presidency shall be satisfied that such. effects do .not w&ed iethe whola five hundred Rupees, he may, if he shall think fit, at.acy *@qe before a,dminisbration of such effects shall be-granted, (grant 6~ <aqy ; pciraon cl%iming to bg,entitled to a principal share of the effects of .the deceased, qertificatep under his hand, entitling the ~laimaq t o receive the sumg or securities for money therein severally mentio~ed, belonging to the effecb,of the deceased, to the value of any sum not exceeding in .the who19 five hundred rupees. -;XLIV.' The Administrator General shall not be bound td grant - , - any such certificate; unless he shall be satisfied bf the Administra,tor General not bdund t~ grant 'title of the claimant and of the ' value. of the effects .of certificate bnless satisficd `of` Ciaimahys iitle.[the deceased, either ][by ][- ][the oath, akdavit or solcmn ] `h.` affirmation of the clainlant (which oath, ailidnvil 01.' :n;&tion the Administrator General, is Ilere'uy nutllorized to adnlinisler or tskc) or by sup11 othes, evideilcc as he sllnll require. KLV. Any such certificate, wit11 n receipt ali~iexcd uncler tllc 11ancI of . . t1:ie- pc~soi~ 'to:~vhonr ilic! cc1~Liiicatc.~li;111 bc ;~rrn~f;ecslnll l ~ -rcl;it . . Certificat,~ ~ nn!~cr;cd vitll t t l bc rc- a be fllll cfischn1'ge 4b:. p::y~li~;~t 01. (j&!i.vc~~ .[.Q ,]!i.r~~ c i r . I?:;; i siiiiiciciit . , . , , , disch?.rgc. ~]lc.l;;~>;l~:,- ,<;,y ;, ~;k ; :?; . . 5,: :'!>!. ],i,-,>)(;x; ;:~,<:,yi$;\ : , : ,,.: ::;: ,:,;;. +,,,:, ' ACT `NO.` ,frIII. `:OF` I&;: `b.` And whereas it appears froa the books 'and accounts of the Administrator General of Bombay, that, on the thirtieth Accumulation of interest in tile handa, of 'day of June 1851, there were in his charge Government the neral Administrator at Bombay to Ge- be Securities and cash, arising- from accumulations of interest transferred to the E. `1.` on estates heretofore administered by, or in the charge of Company. . the Ecclesiastical Registrar of the Supreme Court of Judicature at that Presidency, over and above the amount of interest heretofore allowed a n the administration of such estates, it is further enacted as follows :-The Administrator General of Bombay shall forthwith transfer and. p-ay the said Government Securities, and cash balance, and any other Government Securities and cash which, at the time of the passing ofthis Act, shall or may be in his charge, or under his control in respect of such accumulations of intere& or any additions thereto, to the Accountant General a'ad Sub-Treasurer of Bombay, to be carried to the account and credit of the East India Oompany, for the general purposes of Government ; and the receipt,,of the Accountant and of the Sub-Treasur2s of Bombay for any monies or securities so paid or transferred to them under the provisions of this Act, rihali be a full indemnity. and discharge to the Ecclesia~tical Registrar'and Administrator General for any such payment or transfer. LI, The nei proceeds of all estates in tbe official charge of the Administrator General of either of the Presidencies-of I n the 31rtdras & ~~~b~~ Fort St. George or Bombay, a ~ d which now appeal; or * ur~claimed the proocean for of 15 years ~La1l hereafter appear, from the official boolc~ and accounts to be transferred `ta` of the Ecclesiastical Registrar and of the Administrator t60 X. I. Company. General of either of those Presidencies, or fro111 the o.fficia1 boobs and accounts of either of those officers, to have been in officid c~istody for' i n d e a period of fifteen years aid illbnied, slltill or- be transferred upwards, withdut any and p i d , clailx . t o t.he Sub-T?easurer of ther~to having . b e q . . . the East Intlia com]3.iny at T!'drt . St. George alld Bolllba.;j~ resl,ectiyely,: and . . b e carried: to tlie hccoullt and credit of tlie 13ast India Cornpai~y, for the ge-' - iiersl puiiposes 'of Goveri~i-ilent . . . , ;'.and tlie recei@t of the saicl Sub-Treasurer and ~.cco~l-itanl G.eriori1 slls!! . . . ~. he a fill ind&lnnit3' and rliscllarge t o tlie s@tl Adnlillist:.;~i.or G~lit=ra,l 'SOY a11y S L I C : ~ ' ~ 12:~ylllent 01- t~n.nsI"w. Provided trl?nt :,his -{I..-..:. .. ' > . < , .'. , ' . . , -J~.c{: s]lall ll<>i ' ' . i. :i~iy ! > ~ ~ : l ~ ~ ~ : f t ? ? - . ~ j ~ ~ , ~ j ~ . j - ; ~ - i < ~ i [ , .. . ,.(f ;:.!i x. ;,!;:I:; k ! ; < 3 , ;, { , , . ,.<. ;,;,,1,: , , " ,,F~tlc,.\l :<>;,;ll ,. ,.,,,-. j ~ ~ . ~ , - j < , ~ , < , ~ ~ ; ; 1 . - 1 ,.;[..: ] , , . , ' , `[.T* ]` ; ; ;(:2. * . , , : . ~ ,,,:.::(,(;i.i.:!j. ; J ~ - , , , ; ~ ~ ~ ~ ~ , J , . - , : . , . . . . , : : I ! . . . , . > I < ' A `-7` j l l i i "'*.. -.>:;:if I.?:. '~ ; ; , ; i t . : , , ; `1` ' ; : , , , , : . , I . -- I 1 I i ! I \ -. . - - - *\--- ~ . -- - ---. - ?- -- - - - - - .,-.z.y. ----,, ~ --%..A ~ - - - ~ - 5 . - 5 . ~ . e - . e r-,-.rK.r< - l `a-` nqxr "gm- ACT No. VIII. OF 1855, LII . If any claim shall be hereafter made to any part of the securities, Mode of proceeding monies, or proceeds which shdl be carried to the account or by claimant to recover principal money so[credit of the East IndU Company under the provisions ] transferred. of this Act, and if such claim shall be established to the satisfaction of the Administrator General and Accountant General to the Government of Fort St. George and Bombay, for the time being, respectively, the said Accountant General shall direct the Sub-Treasurer of the Presidency to pay, and the said Sub-Trehsurer shall thereupon pay, out of the ponies of the East India Company in his custody, to the claimant, the amount of. the principal so carried to the credit and account of the said East India Company, or so much thereof as shall appear to be due to the claimant. If the claim shall not be established to the satisfaction of the said Administrator General and Accountant General, the claimant may app1y.b~ petition to the Supreme Court at the Presidency against the East India Company and Administrator General of the Presidency for the time being," and after taking evidence, either orally or on affidavit, in a summary way, as the *said Court 'shall think fit, the said Court shall-make such order on the petition for the payment of, inch portion of the said ,principal fium as . justice shdl require, which 'order shall be binding on all parties to the suit. LIII. Section VI. Regulation XV. of 1806 of the Bengal .Code and section V. Regulation IV. of 1809 of the Madras Code I Regulations repealed. are hereby repealed. LIV. Whenever any British subject shall die lea~ing personal assets ZiUah Judge'in cer-' within the limits of the juriscliction of a Zillah Judge taincaaest~takecharge and no will shall, be found among the effects of the of roperty of a British ml€jeot dying rithin deceased, it shall be the duty of the Zillah Judge to tl~ezillah, and to report t o Admillistrator Gene. report the circumstance without delay to the Adminisrul. trator General of thc Presidency, retaining the property unclel- his cllnrgc until letters of Adnlinistl-ation shall have been obtnine'd by the Administratol- General 01- by some other person from the Supreme ' I `ACT` No VIII. OF `E85.5.` power to, order the Administrator General, or other person or persons, deyendants, to receive his or her costs out of the said estates, if it shall think Xt. ! * Orders of the Court XLII. Any orders which shall be made by iny of `to` have same cffectand the 'said Supreme Courts shall have the same effect, and to be executed in same manner as decretal be executed in the same manner as decretal orders. ordera. , , XLIII. Whenever any person, not being a iVIqhomedan or ~ i n d o o , shall have died, whether within any of the said Presiden- what case Admimay cies or not and whether before or after the passing of this In what case Admi- nistrator General may grant ~ertzcate. grant ~ertzcate. Act, sind shall, if a British subject, have left perso6al assets withid any of the said Presidencies or an+ of the Provinces or places subject thereto, or ghall, if not a British subject, have left 'personal Gits[' ] +kbip.--hhe:!,ogal limits .f,t4e..juris,d!etion of the, Sup~teme. Court-of Judicature at.any:.o< thesaid. Eresidencies, .and letters of administration of his effects ~ h d l ~ r i o t betaken out for t h r ~ e m ~ n t h s afkr his de.ith;abd the ~dministra-' :, tor < ,,' ., Geper?l .of such. ~reside&y' shall be satisfied that such . effects do .not ... , . . .?&&efi., in the whole Jive;. hundred, Rupees, he may, i f he. sh.?ll think `fi!, at` ,time -bpfo:e,adminis$r.~tion . of such effects. +&~l$. be granted, ~ v . , grant. $9: a' any '.+: -g+se?. ~l9iming .to beentitled: to:a principal share o.fth.q: ~ffects ofihe . . . deqeas- `e` <., .,... .@d, certificates under his hand, erntitling the olaimaqt to: receive the sumq . , o r . seouritiesf@ money therein severally m.alti.oned, bdonging to the.gE&tp; qf $he:.deceas,ed, to the value ofauy sum not exceeding in ..the yhok `five=+&-` .dred.,,ppees. : ! . . . . , . . . .. . . . . - ; . . . . .: . . `.,I` . . . `;.` ;: `'7` '.XLIV. ' . The Admihistrator General.. sliall . n6t be boGYn;d . . '& <. ., , , . ', . - '. . . - . .. . -. : he: shRllx be .- sat<&&d :;bf; Afim.ipis&rator Gene- . any , . iial'nbt-Bd~iid to grant. %it-& ofthe claimallt and ,of t;hel &rue. of. t ~ ~ - ~ f f k ~ t k .;of . 5 : , . ce$jficate :unless. ?tisr ficd of c ~ j i ~ ~ ; l t ' ~ titl;, the deceased, either by -the 'oath, ' affidivi't - or 'soldrnn .kc. affirmation of the biaimant (which oitli, affidavit~ilifii:;..@$tion the -Adn!i.iiisl;l.,zt?r; CT.epeynl.:,.is hereby :j,utboyizc$ . tp :ttcl,ll?inigtcr or ..-take) ; or- by,: such ;otll.el:; evide~ce as $ 1 ~ shall req.uire, . . . . . , .:.XLV, :A:ny s~~ch:certifi~~ttc;~vitt-~ n receipt annexed u d c r tho 11n.H of tlte~.p61-son -to>.wl~onl the cc~tificdc is'tlall hr: grnutc'di. slldll ~crtificato wit11 rc. . . . I k c i ~ t 'i~xiriexec~ `to` bc z hc -ti. :fill1 d~sclli~~.gc fnr pciy~ne:~t oi. cl&!iv&~~ iuilirri or her . . . . . egGcic;:i . , - ! clisi.>~:~i-gc. 5f 4JiC ~ji(y,j~!;\; :$<;;;;;;.;:,-<, . .. ~ j j : - ~ ? j ~ ? ; , : ~ , ~ ~ t > 1 ~ ~ > ~ 1 i . `I` i I I I < > I ! ~ ~ o I ~ ~ < ; , ~ ~ ; f 8 < ; I ' , . . . ' I 'i i . - . +..'>.!,>; `]>;zrp>:> ,.;j` `:` `;>` . . <. 6.i' d(:; j~\,-c!7-j>l < !y ~ :.ji !,: , j , , , , `i` ;[. ][. ] . ...;.- :L:.<:L `sa:.:;.,` ,;ic, . . . . . , . . . ACT No VIII. OF `185.5.` power to order the Administrator GeneraI, or other person or persons, defendants, to receive his or her costs out of the said estates, if it shall think fit. Orders of the court r XLII. Any orde~s which shall b'e made by any of `to` have same effect and the 'said Supreme Courts shall have the same effect, and to be executed in same manner as decretal be executed in the same manner as decretal orders. orders. XLIII. Whenever any person, not being a Mahornedan or Hindoo, shall have died, whether within any of the said PresidenI n what oase Administrator General may cies or not and whether before or after the passing of this grant certxcate. Act, and shdl, if a British subject, have left personal assets within any of the said Presidencies or any of the Provinces or places subject thereto, or #hall, if not a British subject, have left personal assets within the local limits of the jurisdiction of the Supreme Court of Judicature at any of the said Presidencies, and letters of administration of his effects shall not be taken out for three months after his death, and the Administrator General of such Presidency shall be satisfied that such. effects do .not exceed in the whole five hundred Rupees, he may, if he shall think `fit,` at any time before administration of such effects shall be granted, grant to any person claiming to be entitled to a principal share ofthe effects of the deceased, certificates under his hand, entitling the claimaqt to receive the sums or securities for money therein severally mentioned, belonging to the effects of the deceased, to the value of &ny sum ,not exceeding in the whols five hundred rupees. XLIV.' The Administrator General shall not be bouna tb grant - any such certificate, unless he shall be satisfied of the Administrator General not bdund to grant title of the claimant and of the[' ] value of the effects of certificate unless satisfied of claimantls title,[the deceased, either by the oath, affidadit ][- ][or solemn ] `b.` affirmation of the claimant (which oath, affidavit or affiremation the Administrator General is hereby authorized to administer or take) or by such other* evidence as he shall require. XLV. Any such certificate, with a receipt annexed under the hand of the person to whom the certificate shall be grantcd, shSl! Certificate wit11 re- tcipi annexed to be a be a f ~ l l discharge for payaent or deli-;e;.j. to *him or h e r eufficient disrharge. of the rr,oncy .or security for money therein mentioned, to the 1)erson paying or dcLverix~g the same : but aothing in this Act shall prec:!u `6` a C I ; ACT No. VIII. OF 1855. clude any executor or administrator of the deceased from Proviao. recovering from the person receiving the same, the amount remaining in his hands, after dehcting the amount of all debts or other demands lawfully paid or discharged by him in due course of administration ; and any creditor or claimant against the estate of the deceased shall be a t liberty to recover his debt or claim out 'of the assets received by sgch person, and remaining in his hands unadministered, in the same manner and to the same extent as if such person had obtained letters of administration to the estate of the deceased. XLVI, The Administrator General shall not be bound to take out . letters of administration to the estate of any deceased Administrator General bound t~ take[person on account of the effects in r.ppect of which ][he ] account of effects out administration on in shall grant any such certificate, but he may do so if respect of which hehas he shall discover any fraud or misrepresentation made granted certificate. to him, or that the value of the estate exceeded five hundred rupees. XLVIf. For every such certificate the Administrator General shall be entitled to charge a' fee calculated after the rate Fee for Certificate. of three rupees in the hundred on the amount mentioned in the certificate. * XLVIII. Every person who, having been sworn, or having taken `a` Penalty for fdse solemn affisniation under this Act, shall wilfully give false ,?earing, &c. testimony upon any examination authorized by this Act, shall be deemed guilty of perjury, and, if convicted, shall be liable to be punished accordingly. -. XLIX. It is liereby declared to be a misdemeanour, punishable by fine and imprisonment, for any Administrator General to Pei~alty for Tradiug. trade or traffic for his own benefit, or for the benefit of ally other persoil or persons ~~liomsoever, unless- so far as shall appear to hiL11 to be expedient for the due managellleilt of the Exception. estates of whicli lettel-s of administrztion ~11~~11 bo gral;ted to him, and for tlle sole benefit of the several persons cntitled to the proceeds of sucll estates respectively ; but this escel~tion is not to be const/l.ued to alter tllc c i ~ ~ j l liabiliiics of tllc A duiixlist~ato~ ($enera1 as trustee of E U C ~ estates. And ACT No. .VIIl, OF `1855.` L. And whereas it appears from the books and accounts of the Administrator General of Bombay, that, on the thirtieth Accumulation of iu- terest in the handa of day of June 1651, there were in his charge Government *he herd at Boinbay `to` Ge- be secnrities and cash, arising from accumulations of interest fiansfel~ed to theE. `1.` on estates heretofore administered by, or in the charge of Company. . the Ecclesiastical Registrar of the Supreme Court of Judicature at that Presidency, over and above the amount of interest heretofore allowed on the administration of such estates, it is further enacted as follo~vs :-The Administrator General of Bombay shall forthwith transfer and pay the said Government Securities, and cash balance, and any other Government Securities and cash which, at the time of the passing opthis Act, shall or may be in his charge, or under his control in respect of such accumulations of interest, or any additions thereto, to the Accountant General and Sub-Treasurer of Bombay, to be carried to the account and credit of the East India Company, for the general pul-poses of Government ; and the receipt of the Accountant and of the Sub-Treasurer of Bombay for any monies or securities so paid or transferred to them under tohe provisions of this Act, shall be a full indemnity and discharge t o the Ecclesiastical Registrar'and Administrator General for any such pnynient or transfer. LI. The net proceeds of all estates in the official charge of tbe Administrator General of either of the Presidencies of In tho Mndras & : nobbBy Presidencies, Fort St. George or Bombay, a ~ d which now appear, or the udcgimed meeds for of 15 Estateyear s shall hereafter appear, from the official books and accounts to be transferred `to` of the Ecclesiastical Registrar and of the Administrator the `E.` I. Company. General of either of those Presidencies, or from the official books and accounts of either of those officers, to have been in official custody for a period of fifteen years or upwards, without any claim thereto having beeri niade and allotved, shall be transferred and paid to the Sub-T~easurer of the East India Company at Port St. George and Bombay respectively, nild be carried to the accouilt and credit of the East 111dia Company, for the geileral purposes of Goverl~iuellt ; and the receipt of tlze said S::b-Treasurer and Accountant General shall be a full iildeilzuity and cliscllargc t o the said Administrator Gcllernl for any such l~ayment o ~ - transfer, Proviclecl that this ACT No. VIII. OF 1855. LIL. If any claim shall be hereafter made to any part of the securities, ~~d~ of proceeding[monies, ][or ][proceeds which shall be carried to the account or ] by claimant to recover principal money so[credit of the ][East ][Indk Company under the provisions ] traneferred. of this Act, and if such claim shall be established to the satisfaction of the Administrator General and Accountant General to the Government of Port St. George and Bombay, for the time being, respectively, the said Accountant General shall direct the Sub-Treasurer of the Presidency to pay, and the said Sub-Treasurer shall thereupon pay, out of the monies of the East India Company in his custody, to the claimant, the amount of the principal so carried to the credit and account of the said East India Company, or so much thereof as shall appear to be due to the claimant. If the claim shall not be established to the satisfaction of the said Administrator General and Accountant General, the claimant may apply by petition to the Supreme Court at the Presidency against the East India Company and Administrator General of the Presidency for the time being, and after taking evidence, either orally or on affidavit, in a summary way, as the said Court shall think fit, the said Court shall make such order on the petition for the payment of such portion of the said ,principql sum as justice shall require, which'order shall be binding on all parties to the suit. LIII. Section VI. Regulation XV. of 1806 of the Bengal Code and Section V. Regulation 117. of 1809 of the Madras Code Regulations repealed. are hereby repealed. IJIV. Whenever any British subject shall die lea~ing personal assets within the limits of the jurisdiction of a Zillah Judge ZiU& Judge in cerbinc==totakech=ge of ropert of a British and no will shall. be found among the effects of the nuEeect &i*lp within deceased, it shall be the duty of the Zillah Judge to thekglah, and to report toAdministratorGene.[report the circumstance without delay to the Adminis- ] ml . trator General of the Presidency, retaining the property under his charge until letters of Administration shall have been obtained - by the Adillinistrator General or by some other parson from the Supreme Court of Judicature, ~vhen the property - shall be delivered over to the persorr obtaining such letters of Administration, or, in tlie event of a will being diacovered, to t-he 1~110 may olstaiu probate oftlle mill. LV. 111 the constn~ction of this Act, tlle word " Go~reri~n~eilt" shall . . r be deenlcd t,n rnwn t,he ~ ? - o r c ~ r ~ . ~ : . G-c~~nvrd cf Z:;diz, :fi i;u,l~st~.~~ciiou of Act. , Council, so far 3,s t8110 Act !.e!g.t,es to th6 P1-csidcxcy of' ,. Fort- ' ACT No, VIII. OF `1555.` Fort William in Bengal or any place subordinate thereto, and the herson or persons for the time being administering the Executive Government of the Presidency, so far as the Act relates to the Presidencies of Fort St. George and Bombay respectively ; the words " letters of administration" shall include any letters of administration, whether general or limited or with a will annexed, and lztters ad colligenda bona. Words in the masculine gender shall include the feminine ; and words in the singular number shall include the plural, and vice versd ; unless where such construction would be inconsistent with or repugnant to the context. LVI. Acts VII. of 1849 and 11. of 1850 are hereby reptaled as to all letters of administration which shall hereafter be applied Repeal of Acts. for or granted. LVII. Nothing in this Act is intended to require the Administrator ~~t not to to[General to take proceedings to obtain letters of adminis- ] ~ $ " ' ~ ~ & ~ f e$ tration to the estate or effects of any officer or soldier or sailors. other person subject to any Articles of War, or to the estate 'or effects of any officer, seaman or other person dying in the Marine Service of the East India Company, called the Ipdian Navy, unless when the Administrator General shall be duly authorized or required so to do by the Military-Secretary, or other officer having similar powers with regard to the ektate or effects of any officer, seaman or other person dying in the Indian Navy ; nor is anything in this ~ c contained intended to interfere with or t alter the provisions of any Act of Parliament for regulating the payment of regimentd debts and the distribution of the effects of officers and soldiers dying in the Service of the East India Company, or of any Articles of War, or of any Act of Parliament relating to the Indian Navy. LVIII. , This Act shall comnience and take effect from the 1st day of March 1855. ~ommellcement of ' ~ c t .