MAYOR OF LYON Vs. ADVOCATE-GENERAL OF BENGAL

JUDGEMENT

(1.) THE questions in this appeal arise upon one of the bequests in the will of Major-General Claude Martin, whereby he gave the annual sums of 5,000 rupees and 1,000 rupees to be applied respectively to the discharge and relief of poor debtors detained in prison in Calcutta. The residue of his large property the testator bequeathed, in the special manner more particularly stated hereafter, to increase the funds of certain charitable establishments which, by previous clauses in his will, he had founded in Calcutta, Lucknow, and the City of Lyons, in France. The bequests to poor prisoners in Calcutta having failed by reason of the abolition of imprisonment for debt, the point to be considered is, whether these gifts are to be dealt with by the Court upon the principle of a cypres application of them, or whether, as the appellants contend, they fall into the residue, so as to increase the endowments of the three establishments above referred to.

(2.) THE testator was a Frenchman, born in Lyons. He entered the military service of the East India Company, and attained the rank of Major-General. With the sanction of the British Government he afterwards took service under the Ruler of Oude, and resided at Lucknow, where he died in September 1800. The will, dated the 1st January 1800, was composed and written by the testator himself in English, a language of which, it appears, he had only an imperfect knowledge. It contains numerous bequests, comprised in thirty-four articles or clauses, and has been the subject of many suits and much litigation. Several questions arising upon it, and notably the question whether the English law relating to aliens had been introduced into British India, were determined by this Committee on appeal in 1836. The judgment was delivered by Lord Brougham, and some passages of it will hereafter be referred to. The general history of the suits will be found in Mr. Moore's full report of the case. The Mayor of Lyons v. The East India Company 1 Moore's I.A. 175.

(3.) ,000 sicca rupees to be paid to the Magistrates of the town of Lyons for to liberate from the prison so many prisoners as it may extend, such that are detained for small debt and this liberation is to be made the day of month I died, as that the remembrance of the donor may be known, and my name, Major-General Martin, is the institutor; and as given and bequeathed the sum of 4,000 sicca rupees for to liberate some poor prisoners as far as that sum can afford it. This I mention to have it made known, as that if neglected, that some charitable men may acquaint the Magistrate of the town of Lyons, as that they might oblige my executor, administrator, or assigns, to pay the same above said, and be more regular in their payments. 4. It is to be observed that this 25th Article contains the gift of an annual sum of 4,000 rupees to be paid to the Magistrates of Lyons to liberate poor prisoners detained for debt.