311215-1941-Supplementary-Draft-Bills--Rents — Page 19

Repayment in case of persons

under seven years and persons of unsound mind.

Repayment

in case of certificate

held by persons jointly.

948

(2) A repayment warrant shall not be paid until the receipt for the amount thereby payable has been duly signed by the payee or by some person authorized by the payee to receive payment, nor, unless the Accountant-General otherwise directs, until the certificate in respect of which the repayment is to be made has been delivered to the Accountant-General.

(3) Notwithstanding that the receipt on a warrant was signed by some person being neither the payee nor a person so authorized, the making of the payinent shall be a full discharge to the Accountant- General for the sums thereof if it is shewn that the payment was made in good faith and without negligence and that the making of the payment is attributable to some act or omission on the part of the holder of the certificate to which the warrant relates or on the part of the payee or the person so authorized.

(4) A repayment warrant shall be payable in accordance with the directions contained therein.

(5) For the purpose of determining the amount repayable in respect of a certificate, the payment of the amount repayable there- under shall be deemed to be effected on the date on which the repayment warrant is issued.

(6) The posting of a letter containing a repayment warrant addressed to any person at the last address furnished by him to the Accountant-General shall, as regards the liability of the Accountant- General, be equivalent to the delivery of the warrant to the person to whom the letter was addressed.

9.-(1) Except as hereinafter provided, no repayment shall be made in respect of a certificate held by a person under the age of seven years.

(2) An application for repayment in respect of a certificate held by a person of unsound mind shall be made by his committee.

(8) Where it is shewn to the satisfaction of the Accountant- General that any person holding, or having an interest in, a certificate is either a person under the age of seven years or a person of unsound mind for whose estate no committee has been appointed, the Accountant-General may, if he thinks fit, pay the whole or any part of the amount repayable in respect of the certificate to any person who satisfies him that he is a proper person to receive payment.

10.-(1) Application for payment of the amount repayable in respect of a certificate held in the names of two or more persons as joint holders shall be made by both or all such persons or, in the case of the death of one or more of them, by the survivor or survivors of them:

Provided that-

(a) where one of any joint holders of a certificate, being a trustee for the other or others of them, becomes bankrupt or of unsound mind, the application may be made by the other or others of them without the concurrency of the trustee in bankruptcy or the committee, if any, and the Accountant-General, if he thinks fit, may, without any such concurrency, pay the amount repayable in respect of the certificate in the same manner as if the said trustee were not one of the holders of the certificate; and

(b) where one of any joint holders of a certificate is the Official Trustee, the Official Receiver or the Secretary for Chinese Affairs, the application may be made by such officer alone, and the Accountant- General shall pay the amount repayable in respect of the certificate to the Official Trustee, the Official Receiver or the Secretary for Chinese Affairs (as the case may be) alone.

(2) The joint holders of a certificate may authorize any person, including one of themselves, to act as their agent for the purpose of receiving on their behalf any amount repayable in respect of the certificate.