Nawab of the Carnatic Act, 1868 [Repealed]
(Received the assent of the Governor General on the 10st of September 1868.)
PREAMBLE
Whereas certain property belonging to the estate of the late Naw b of the Carnatic has lately been discovered both in the District of Madras and in the territories of His High-ness the Niz m, and it is expedient to appoint a Receiver to collect and administer such property and any other property belonging to the said estate which may hereafter he discovered, or has not hitherto been administered; It is hereby enacted as follows:
Section 1. Appointment of Receiver of Carnatic property
The Governor of Fort St. George in Council shall appoint such person as he may think fit to act under the orders of the High Court of Judicature at Madras in the administration of the property text by the late Naw b of the Carnatic, and not hitherto collected or administered.
The person so appointed shall have power to collect and take possession of all such property: he shall deal with the same according to the provisions herein contained: he shall give such security (if any) for the due execution of his office as the said Governor in Council may require; and he shall be called the Receiver of the Carnatic property.
Section 2. Remuneration of Receiver
The Receiver of the Carnatic property shall be entitled to such commission not exceeding five per centum upon the amount or value of the property collected and distributed under the provisions of this Act as the said Governor in Council shall prescribe, Such commission shall be charged to the estate of the said Naw b.
Section 3. Suspension or removal of Receiver
The said Governor in Council may suspend or remove any person appointed such Receiver as aforesaid, and may also from time to time fill up any vacancy in such office occasioned by death, resignation, suspension or removal.
Section 4. Receiver to represent Naw b's estate in all proceedings
The Receiver shall represent the estate of the said Naw b in all proceedings relating thereto: he shall do all acts in performance of his duties by his name of office; and in all legal proceedings he shall be designated by such name.
No proceedings to which the Receiver may he a party shall abate by reason of the death, resignation, suspension or removal from office of any such Receiver, hut the same shall be continued by his successor as if no such death, resignation, suspension or removal had occurred.
Section 5. Receiver to collect Naw b's property
The Receiver shall have power to collect and take possession of all property, moveable or immoveable, and whether of the nature of State or public property or not, to which the said Naw b at time of his death was entitled, and if necessary to sue for and recover the same property, and to realize its value by sale or otherwise.
Section 6. Conveyance on sale by Receiver of immoveable property
Whenever the said Receiver by the order or with the sanction of the said High Court sells any of the said immoveable property, he shall execute a conveyance thereof to the purchaser.
Every such conveyance shall be valid as against the heirs of the said Naw b, and all persons claiming under them, and also against all persons claiming under the said Naw b by virtue of any conveyance or instrument declared by the said Court or by the late Supreme Court of Judicature at Madras, to he void as against the creditors of the said Naw b, or by virtue of any security the benefit of which was barred under the provisions of Act No. XXX of 1858 (to provide for the administration of the estate and for the payment of the debts of the late Naw b of the Carnatic).
Section 7. In case of suit for administration, Receiver to be subject to orders of High Court
Upon any suit being instituted for the administration of the said estate the said Receiver shall be deemed subject to the orders of the said High Court, and, so far as such orders shall not extend, to the general practice of such Court in the same manner as any other Receiver specially appointed thereby, except that the Court shall not require him to give security.
Section 8. Commencement of Act
This Act shall be deemed to have come into operation on the second day of April 1868, and any person holding the office of Receiver of the Carnatic property immediately before that day shall be deemed to have been appointed on that day under this Act.