Regimental Debts (now known as Debts (Deceased Servicemen etc)) Act 1893
| Jurisdiction | UK Non-devolved |
| Citation | 1893 c. 5 |
Regimental Debts Act, 1893
(56 & 57 Vict.) CHAPTER 5.
An Act to consolidate and amend the Law relating to the Payment of Regimental Debts, and the Collection and Disposal of the Effects of Officers and Soldiers in case of Death, Desertion, Insanity, and other cases.
[29th April 1893]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual, and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Collection of Effects and Payment of Preferential Charges.
1 On death of person subject to military law committee of adjustment to secure effects and pay charges.
1. On the death of a person while subject to military law the prescribed committee of adjustment shall, as soon as may be, in accordance with the prescribed regulations and subject to any exceptions made thereby,
(1) secure and make an inventory of all such of the of the deceased as are in camp or quarters, and, if the death occurs out of the United Kingdom, are within the prescribed area whether station, colony, or command, or other, (which area is in this Act referred to as the regulation area); and
(2) ascertain the amount and provide for the payment of the preferential charges on the property of the deceased.
2 Preferential charge.
2. The following shall be the preferential charges on the property of a person dying while subject to military law, and shall, except so far as other provision may be made for them or any of them, be payable in preference to all other debts and liabilities, and, as among themselves, in the following order:—
(1) (1.) Expenses of last illness and funeral:
(2) (2.) Military debts, namely, sums due in respect of, or of any advance in respect of—
(a. ) Quarters;
(b. ) Mess, band, and other regimental accounts;
(c. ) Military clothing, appointments and equipments, not exceeding a sum equal to six months pay of the deceased, and having become due within eighteen months before his death;
to which shall be added, where the death occurs out of the United Kingdom,—
(3) (3.) Servants wages, not exceeding two months wages to each servant; and
(4) (4.) Household expenses incurred within a month before the death, or after the last issue of pay to the deceased, whichever is the shorter period.
3 Surplus only of personal estate to be deemed personal estate.
3. So much only of the personal property of a person dying while subject to military law as remains after payment of the preferential charges shall be considered personal estate of the deceased with reference to the calculation of probate duty, or of any other duty, tax, or per-centage, or for any of the purposes of administration.
4 Decision of questions as to preferential charges.
4. If in any case a doubt or difference arises in relation to any preferential charge or the payment thereof, the decision of the Secretary of State, or of such officer or person as the Secretary of State deputes by writing to act in this behalf, shall be final, and shall be binding on all persons for all purposes.
5 Payment of preferential charges by representatives or other persons.
5. Subject to the prescribed regulations, if any person pays or secures the payment of the preferential charges in full, the committee of adjustment shall not further interfere in relation to the property, except so far as they may be requested so to do by or on behalf of that person.
6 Powers and duties of committee where preferential charges are not paid.
(1)6.—(1.) If within one month after the death or such further time not exceeding the prescribed time as the committee of adjustment allow, the preferential charges are not paid or secured to their satisfaction, the committee shall proceed to pay those charges.
(2) (2.) If the death occurs out of the United Kingdom, the committee of adjustment, save as may be prescribed, shall, if it appears to them necessary for the payment of the preferential charges, and in any case may, collect all the personal property of the deceased in the regulation area.
(3) (3.) The committee, save as may be prescribed, shall, for the purpose of paying the preferential charges and their expenses, and in any case may, at such time as, subject to the prescribed regulations, they think expedient, sell and convert into money such of the personal property of the deceased as does not consist of money.
(4) (4.) If the death occurs out of the United Kingdom they may also, save as otherwise prescribed, pay all debts which appear to them to be legally payable out of the personal estate of the deceased.
(5) (5.) For the purpose of the exercise of their duties the committee shall, to the exclusion of all authorities and persons whomsoever, have the same rights and powers as if they had taken out representation to the deceased, and also if in a colony the powers which any official administrator has by the law of that colony; and any receipt given by the committee shall have the like effect as if it had been given by the legal personal representative of the deceased.
(6) (6.) The committee of adjustment shall lodge the surplus remaining in their hands after payment of the said charges and expenses and debts with such person (in this Act referred to as the paymaster), at such times, in such manner, and together with such inventory, accounts, vouchers, and information, as may be prescribed.
Disposal of Surplus and Residue.
7 Disposal of surplus by paymaster.
7. The paymaster shall pay the surplus in the prescribed manner, and subject to the prescribed provisions and exceptions, as follows:
(1) (1.) If out of the United Kingdom he may pay thereout any expenses which under the prescribed regulations are chargeable against the surplus, and any debts which are legally payable out of the personal estate of the deceased;
(2) (2.) If he knows of a representative of the deceased in the same part of Her Majesty's dominions, he shall pay the surplus to that representative;
(3) (3.) If he does not know of such a representative as above mentioned, and the amount does not exceed one hundred pounds, he may pay or apply all or any part thereof to or for the benefit of such persons in the same part of Her Majesty's dominions as he knows of and appear to be beneficially entitled to the personal estate of the deceased, or to or for the benefit of any of such persons;
(4) (4.) He shall remit the surplus or so much thereof as is not paid or applied in pursuance of this section to the Secretary of State.
8 Disposal of residue by Secretary of State.
8. The Secretary of State, on being informed of the death of a person subject to military law, shall proceed with all reasonable speed as follows:
(1) (1.) He shall cause to be ascertained the total amount to the credit of the deceased, including any surplus or part of a surplus remitted by a paymaster as mentioned in this Act, and all arrears of pay, batta, grants, and other allowances in the nature thereof; which total amount so ascertained is in this Act referred to as the residue;
(2) (2.) If he has notice of a representative of the deceased, he shall pay the residue to that representative;
(3) (3.) He may, and if it is so prescribed shall, before such payment, publish the prescribed notice stating the amount of the residue and such other particulars respecting the deceased and his property as may seem fit, and also the mode in which any application respecting the residue is to be made to the Secretary of State. Provided that the Secretary of State may pay out of any money in his hands to the credit of the deceased any preferential charges appearing to him to have been left unpaid by the committee of adjustment.
9 Disposal by Secretary of State of residue where residue does not exceed one hundred pounds, and no representation.
9. Where the residue does not exceed one hundred pounds, the Secretary of State may, if he thinks fit, require representation to be taken out; but if he does not, and has no notice of a representative of the deceased, then, after the expiration of the prescribed time and the publication of the prescribed notice (if any), the residue shall be disposed of as follows:
(1) (1.) The Secretary of State may, if he thinks fit, pay or apply the residue or any part thereof, in accordance with the prescribed regulations to or for the benefit of any of the persons appearing to be beneficially entitled to the personal estate of the deceased, or any of them, and may for that purpose invest the same by deposit in a military or other savings bank or otherwise, and, if necessary, in the name or names of a trustee or trustees for any such person.
(2) (2.) Any part thereof remaining in the hands of the Secretary of State, and not irrevocably appropriated, shall be applied in paying any debt of the deceased which—
(a ) accrued due within three years before the death; and
(b ) is claimed from the Secretary of State within two years after the death; and
(c ) is proved by the claimant to the satisfaction of the Secretary of State.
(3) (3.) Except as above in this section provided, a person shall not be entitled...
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