648526-1893-Regimental-Debts-Act-1893 — Page 6

1166

A.D. 1893.

THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1893.

Special provision

as to an army paymaster.

Application of Act

to deserters, felons,

&c.

Application of Act

(b.) Where the domicile of the testator appears to the Secretary of State to have been in Ireland, then in the place for the time being appointed in Dublin for the deposit of original wills brought into the High Court in Ireland:

(c.) In any other case, in the place for the time being appointed in London for

the deposit of original wills brought into the High Court in England.

(2.) Where a person dies while subject to military law intestate, and under this Act any

residue of his property comes to the hands of the Secretary of State, and repre- sentation to the deceased is not taken out, then the Secretary of State may, if it seems fit, cause a declaration of his intestacy to be deposited in the place or office where his original will (if any) would be deposited as aforesaid.

(3.) In every such case the Secretary of State may cause to be deposited, together with the original will or declaration of intestacy, an inventory showing the personal property of the deceased, and the application thereof, as far as the same is known.

(4.) Every such original will, declaration of intestacy, and inventory shall be preserved and dealt with, and may be inspected, subject and according to the same rules or orders and on payment of the same fees as any other like documents deposited in that office or place, or subject and according to such other rules or orders and on payment of such other fees, as may be made or fixed in that behalf by the court, judge, or other authority empowered to make rules or orders in relation to other documents deposited in the same place or office.

Application of Act to special Cases.

22. In the application of this Act to an army paymaster, the following modifica- tions shall be made:

(1.) The powers and duties of the committee of adjustment shall arise imme- diately on his death, and shall continue notwithstanding that the professional charges are paid or secured:

(2.) Money in the possession or under the control of an army paymaster at his death shall not be considered to be comprised in his effects for the

of this Act: purposes

(3.) The surplus in the hands of the committee of adjustment and the residue in the hands of a Secretary of State shall be dealt with and disposed of as may be prescribed and not according to the foregoing provisions of this Act.

23. Where a person subject to military law deserts, or is absent without leave for twenty-one days, or is convicted by a civil court of any offence which by the law of England is felony, or is delivered up as an apprentice, whether in pursuance of an order of a court, or otherwise, the provisions of this Act shall apply as if the person were dead, subject to the following modifications:

(1.) The powers of the committee of adjustment shall arise and continue not- withstanding that the preferential charges are paid or secured:

(2.) The committee of adjustment shall dispose of the surplus in the prescribed manner, and the same when so disposed of shall be free from all claim on the part of the said person or any one claiming through him.

24. Where a person subject to military law is ascertained in the prescribed manner to case of insanity. to be insane, the provisions of this Act shall apply as if he had died at the time of his insanity being so ascertained, subject nevertheless to the prescribed exceptions, and to the following modifications:

General application

of Act to India.

(a.) The preferential charges may be paid by the wife of the insane person, or by any person who, subject to the prescribed regulations, appears to be a relative of or person undertaking the care of the insane person or of his property:

(b.) The committee of adjustinent shall dispose of the surplus in the prescribed manner with a view to its being applied for the benefit of the insane person.

Application of Act to India.

25. This Act shall apply to India as if it were a colony, subject to the modifications in this Act mentioned, and to this exception, that it shall not, save so far as may be prescribed, apply to any native of India within the meaning of Indian military law.