648526-1893-Regimental-Debts-Act-1893 — Page 11

THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1893.

27. Where a deceased Officer, Warrant Officer, non-commissioned officer, or man leaves a will, then, if representation is not taken out, the original will, and, if represen- tation is taken out, a complete and authenticated copy of the will, will be sent, along with the inventory, account and other papers, by the Committee of Adjustment, and will be transmitted to the Secretary of State for War, or the Secretary of State in Council of India, as the case may require. Where the original will is sent, a complete and authenticated copy

of it will be first made under the direction of the Committee of Adjustment, and will be kept with the regimental or other proper records.

(Section 7 of the Act.)

28. Payments to the next of kin, or legal representatives of deceased soldiers of Her Majesty's British Forces will be made in accordance with the directions on this point in the Financial Instructions. As regards deceased Officers, where representation is not taken out, the surplus will be credited by the District Paymaster referred to in paragraph 19, or in India will be remitted by the Military Secretary, as directed in paragraph 55.

(Section 9 of the Act.)

29. In cases in which representation in not taken out, payment will be made to or for the benefit of each person appearing to be beneficially interested in an estate; but in special cases, where it appears desirable, payment of the whole residue will be made to the

person entitled to take out representation to the deceased.

(Section 10 of the Act.)

30. The notice under Section 10 of the Act will be published in the London Gazette as soon as may be convenient, and will, with such variations as circumstances require, specify the name, rank, and regiment of the deceased, and the amount of the residue.

(Section 14 of the Act.) ·

31. The Committee of Adjustment (in India) will deliver over the effects secured by them to the Administrator-General only in case they apprehend that considerable difficulty cr delay may arise in or about the collection or realization of the effects and credits of the deceased, in consequence of the character of any investment, or in conse- quence of it being requisite to institute some action or suit in relation to the property of the deceased, or in case there is some other peculiar circumstance connected with the property making it, in the judgment of the Committee, expedient to take that course.

32. Where the Committee of Adjustment deliver over effects to an Administrator- General, they will do so as soon as practicable after they have determined to take that

course.

33. Where the Committee of Adjustment deliver over effects to an Administrator- General, they will forthwith forward, together with the inventory and account, a report of the facts and circumstances as follows:-

Where the deceased was a soldier of Her Majesty's British Forces, to the

Secretary of State for War;

In other cases, to the Military Secretary to the Government of the Presidency

in which the deceased was quartered.

34. The Administrator-General will remit to the Secretary of State for India the balance of the estate as soon as possible after the discharge of all debts and liabilities, and after the payment to any persons resident in India of the share or shares to which they may be legally entitled. He will further submit to the Government of India, for transmission to the India Office, a half-yearly return of these estates and the manner in which they have been disposed of.

(Section 22 of the Act.)

35. In the case of an Army Paymaster, the Committee of Adjustment will, if possible, comprise a member of the Army Pay Department.

The Committee of Adjustment are to forthwith remit the surplus to the Secretary of State for War, through the District Account or Casualty Return (see paragraphs 19 and 20), and the residue will then be applied in discharge of any preferential claims that may remain unsettled, or of any claims in respect of public accounts for which the deceased was responsible. Any portion of the residue then remaining will be paid or applied in accordance with Section 9 of the Act.

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