1162
A.D. 1893.
THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1893.
Application of Act to India.
25. General application of Act to India.
26. Provision where death occurs in India, the deceased not being a soldier. 27. Deduction of arrears of subscription to military and orphan funds.
28. Provision as to Secretary of State for India.
29.
30.
31.
32.
33.
Definitions; Extent; Commencement; Repeal; Short Title.
Definitions.
Extent of Act.
Commencement of Act.
Repeal of 26 & 27 Vict. c. 57. and 44 & 45 Vict. c. 57. s. 51. Short title.
CHAPTER 5.
On death of person
An Act to consolidate and amend the Law relating to the Payment of Regi- mental Debts, and the Collection and Disposal of the Effects of Officers and Soldiers in case of Death, Desertion, Insanity, and other cases.
[29th April 1893.]
BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual, and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Collection of Effects and Payment of Preferential Charges.
1. On the death of a person while subject to military law the prescribed committee subject to military of adjustment shall, as soon as may be, in accordance with the prescribed regulations and
subject to any exceptions made thereby,
law, committee of
adjustment to
secure effects and pay charges.
Preferential charges.
(1)
secure and make an inventory of all such of the effects of the deceased as are in camp or quarters, and, if the death occurs out of the United Kingdom, are within the prescribed area whether station, colony, or command, or other, (which area is in this Act referred to as the regu- lation area); and
(2) ascertain the amount and provide for the payment of the preferential
charges on the property of the deceased.
2. The following shall be the preferential charges on the property of a person dying while subject to military law, and shall, except so far as other provision may be made for them or any of them, be payable in preference to all other debts and liabilities, and, as among themselves, in the following order :-
(1.) Expenses of last illness and funeral:
(2.) Military debts, namely, sums due in respect of, or of any advance in
respect of-
(a.) Quarters;
(b.) Mess, band, and other regimental accounts;
(c.) Military clothing, appointments and equipments, not exceeding a sum equal to six months pay of the deceased, and having become due within eighteen months before his death;
#
to which shall be added, where the death occurs out of the United Kingdom,-
(3.) Servants wages, not exceeding two months wages to each servant; and (4.) Household expenses incurred within a month before the death, or after
the last issue of pay to the deceased, whichever is the shorter period. 3. So much only of the personal property of a person dying while subject to military be deemed personal law as remains after payment of the preferential charges shall be considered personal estate of the deceased with reference to the calculation of probate duty, or of any other duty, tax, or per-centage, or for any of the purposes of administration.
Surplus only of
personal estate to
estate.
Decision of
questions as to preferential
charges.
4. If in any case a doubt or difference arises in relation to any preferential charge or the payment thereof, the decision of the Secretary of State, or of such officer or person as the Secretary of State deputes by writing to act in this behalf, shall be final, and shall be binding on all persons for all purposes.