648526-1893-Regimental-Debts-Act-1893 — Page 7

THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1893. 1167

A.D. 1893,

26. In the case of the death of a person who dies while in India or while on service with force under the command of the commander-in-chief in India, or of any provincial Provision where

any commander-in-chief in India, and who is not a soldier of Her Majesty's regular forces, this Act shall apply with the following modifications:

(1.) The paymaster shall after the prescribed notice pay all debts of which he has notice within the prescribed time, and which appear to him to be lawfully payable out of the estate of the deceased. Provided that if under the special circumstances of the case of the deceased it appears to the paymaster inexpedient or unjust to pay any claims out of the estate, or if the claims lodged exceed in the whole the prescribed amount, the paymaster shall, without discharging those claims, or any of them, transfer the surplus aforesaid to the official administrator :

(2.) Where the paymaster does not so transfer the surplus, he shall dispose thereof, or of so much thereof as remains after the discharge of any claims, in manner directed by this Act:

(3.) The foregoing provisions of this section shall not apply to an army pay-

master:

(4.) The secretary to the Government of India in the military department shall have the same power as the Secretary of State to decide any doubt or difference as to preferential charges, and his decision shall have the same effect as if it were given by the Secretary of State.

death occurs in

India, the deceased not being a soldier.

27. Nothing in this Act shall prevent the Secretary of State from deducting in the Deduction of pay

office from any arrears of pay due to the deceased the amount of any arrears of sub- arrears of subscrip- scription due by the deceased to the Indian military and orphan funds, or either of them. orphan funds.

tion to military and

28. Anything authorised or required by this Act to be done by, to, or before a Provision as to Secretary of State may, in the prescribed cases, be done by, to, or before the Secretary Secretary of State of State in Council of India.

Definitions; Extent; Commencement; Repeal; Short Title.

29. In this Act, unless the context otherwise requires,-

The expression "officer" includes a warrant officer, although not holding an

honorary commission:

The expression "representation" includes probate and letters of administration, with or without will annexed, and in Scotland confirmation, and in India or a colony the corresponding documents in use according to the law of India or the colony:

The expression "representative" means any person taking out representation,

but does not include an official administrator:

The expression "official administrator" means in India the administrator- general of any presidency or province, and in a colony means any public officer who has by law any powers or duties in relation to the collection or distribution of the estate of any deceased person :

The expression "prescribed" means prescribed by Royal Warrant.

Save as aforesaid expressions in this Act have the same meaning as in the

Army Act.

for India.

Definitions.

30.-(1.) This Act shall apply to all persons subject to military law, whether Extent of Act. within or without Her Majesty's dominions.

(2.) This Act shall be registered by the Royal Courts of the Channel Islands, and shall apply to those Islands and to the Isle of Man as if they were parts of the United Kingdom.

(3.) This Act shall apply to a place in which Her Majesty exercises jurisdiction under the Foreign Jurisdiction Act, 1890, as if that place were a colony.

53 & 54 Vict. c. 37.

31. This Act shall come into operation on the first day of October one thousand Commencement of eight hundred and ninety-three, or any earlier day appointed either generally or with Act. reference to any place or places by royal warrant.

32. The Regimental Debts Act, 1863, and section fifty-one of the Regulation of Repeal. the Forces Act, 1881, are hereby repealed.

33. This Act may be cited as the Regimental Debts Act, 1893.

Short title.