1163
A.D. 1893.
THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1893.
5. Subject to the prescribed regulations, if any person pays or secures the payment of the preferential charges in full, the committee of adjustment shall not further interfere in relation to the property, except so far as they may be requested so to do by or on preferential behalf of that person.
Payment of
charges by representatives or other persons.
of committee
paid.
6.-(1.) If within one month after the death or such further time not exceeding Powers and duties the prescribed time as the committee of adjustment allow, the preferential charges are where preferential not paid or secured to their satisfaction, the committee shall proceed to pay those charges. charges are not
(2.) If the death occurs out of the United Kingdom, the committee of adjustment, save as may be prescribed, shall, if it appears to them necessary for the payment of the preferential charges, and in any case may, collect all the personal property of the deceased in the regulation area.
(3.) The committee, save as may be prescribed, shall, for the purpose of paying the preferential charges and their expenses, and in any case may, at such time as, subject to the prescribed regulations, they think expedient, sell and convert into money such of the personal property of the deceased as does not consist of money.
(4.) If the death occurs out of the United Kingdom they may also, save as other- wise prescribed, pay all debts which appear to them to be legally payable out of the personal estate of the deceased,
(5.) For the purpose of the exercise of their duties the committee shall, to the exclusion of all authorities and persons whomsoever, have the same rights and powers as if they had taken out representation to the deceased, and also if in a colony the powers which any official administrator has by the law of that colony; and any receipt given by e committee shall have the like effect as if it had been given by the legal personal representative of the deceased.
(6.) The committee of adjustment shall lodge the surplus remaining in their hands after payment of the said charges and expenses and debts with such person (in this Act referred to as the paymaster), at such times, in such manner, and together with such inventory, accounts, vouchers, and information, as may be prescribed.
Disposal of Surplus and Residue.
7. The paymaster shall pay the surplus in the prescribed manner, and subject to Disposal of surplus the prescribed provisions and exceptions, as follows:
• (1.) If out of the United Kingdom he may pay thereout any expenses which under the prescribed regulations are chargeable against the surplus, and any debts which are legally payable out of the personal estate of the deceased;
(2.) If he knows of a representative of the deceased in the same part of Her
Majesty's dominions, he shall pay the surplus to that representative; (3.) If he does not know of such a representative as above mentioned, and the amount does not exceed one hundred pounds, he may pay or apply all or any part thereof to or for the benefit of such persons in the same part of Her Majesty's dominions as he knows of and appear to be beneficially entitled to the personal estate of the deceased, or to or for the benefit of any of such persons;
(4.) He shall remit the surplus or so much thereof as is not paid or applied
in pursuance of this section to the Secretary of State.
by paymaster.
8. The Secretary of State, on being informed on the death of a person subject to Disposal of residue military law, shall proceed with all reasonable speed as follows:
(1.) He shall cause to be ascertained the total amount to the credit of the deceased, including any surplus or part of a surplus remitted by a pay- master as mentioned in this Act, and all arrears of pay, batta, grants, and other allowances in the nature thereof; which total amount so ascertained is in this Act referred to as the residue;
(2.) If he has notice of a representative of the deceased, he shall pay the residue
to that representative;
(3.) He may, and if it is so prescribed shall, before such payment, publish the prescribed notice stating the amount of the residue and such other particulars respecting the deceased and his property as may seem fit, and also the mode in which any application respecting the residue is to be made to the Secretary of State. Provided that the Secretary of State may pay out of any money in his hands to the credit of the deceased any preferential charges appearing to him to have been left unpaid by the committee of adjustment.
>
by Secretary of
State,
;