THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1893.
(2.) The committee of adjustment in such cases, under such circumstances, and at such times as may be prescribed, may request an official administrator, to exercise his official powers either on behalf of the committee or otherwise, and the administrator shall comply with the request. The committee may also lodge any property secured or collected by them with any official administrator.
(3.) Where under this Act any property comes to the hands of any official admin- istrator, he shall administer the same as regards preferential charges and otherwise in accordance with this Act, and, subject thereto, according to the law regulating his office independently of this Act.
(4.) The official administrator shall remit any surplus remaining in his hands after discharge of all debts and his charges to the Secretary of State at such time and in such manner as may be prescribed, to be disposed of according to the provisions of this Act as if remitted by a paymaster.
three
(5.) An official administrator shall not take a percentage on the property exceeding per cent on the gross amount coming to or remaining in his hands after payment of preferential charges.
1165
A.D. 1893.
in place where
15. Any property coming under this Act to the hands of any committee of Money remitted adjustment or paymaster shall not, by reason of so coming, be deemed assets or effects not to be assets at the place in which that committee or paymaster is stationed or resides, and it shall not remitted to. be necessary by reason thereof that representation be taken out in respect of that property for that place.
sentation where sums under 100%.
16. Where any surplus or residue, as the case may be, does not exceed one hundred Duty and repré- pounds, no duty shall be payable in the United Kingdom or India in respect thereof, and it shall not be necessary that representation to any deceased person be taken out for the purpose of obtaining payment thereof or of any part thereof under this Act from a paymaster or a Secretary of State, except in any prescribed case, or in any case where the Secretary of State requires it.
master and Se- cretary of State,
17. Compliance with the regulations under this Act with respect to the mode of Discharge of pay- payment of any surplus or residue or any pary thereof to any person (whether by transmission or remission to another place or person or otherwise) shall discharge the Secretary of State or paymaster or other person complying with the regulations, and he shall not be liable by reason of the surplus or residue or part which may be in his hands having been paid, transmitted, remitted, or otherwise dealt with in accordance with the regulations.
under this Act.
18. Every payment, application, sale, or other disposition of property made by the Validity of pay- Secretary of State, or by any committee of adjustment, or by any paymaster, when sh acting in execution or supposed execution of this Act, or of any royal warrant for carrying this Act into effect, shall be valid as against all persons whomsoever; and the Secretary of State, and every officer belonging to any such committee, and every such paymaster as aforesaid shall, by virtue of this Act, be absolutely discharged from all liability in respect of the property so paid, applied, sold, or disposed of.
of representative.
19. After the committee of adjustment have lodged with the paymaster the surplus Saving for rights of the property of any deceased person, any representative of that person and any official administrator shall, as regards any property of a deceased person not collected by the committee of adjustment and not forming part of the surplus or residue in this Act mentioned, have the same rights and duties as if this Act had not passed.
20. A creditor, as such, shall not be deemed a person entitled to take out representa- Creditor admi- tion to the deceased within the meaning of this Act or to pay or secure the preferential entitled to claim
nistering not charges; nor shall a creditor taking out representation be entitled as representative of property. the deceased to claim from a paymaster or the Secretary of State any part of the property of the deceased.
a
21.-(1.) Where any original will of a person dying while subject to military law, whether he died before or after the commencement of this Act, comes to the hands of Secretary of State, and representation under the same is not taken out, then the Secretary of State may cause the same to be deposited as follows:
(a.) Where the domicile of the testator appears to the Secretary of State to have been in Scotland, then in the office of the commissary clerk of the commissary court of the county of Edinburgh:
Deposit in court of
probate, &c., of original wills in
hands of Secretary
of State, and decla- ration of intestacy.