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REGIMENTAL DEBTS ACT 1893

REGIMENTAL DEBTS ACT 1893 - LONG TITLE

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.{1}
[29th April 1893]
Collection of Effects and Payment of Preferential ChargesOn death of
person subject to military law committee of adjustment to secure
effects and pay charges.

REGIMENTAL DEBTS ACT 1893 - SECT 1

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 effects 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.

REGIMENTAL DEBTS ACT 1893 - SECT 2
Preferential charges.

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)Expenses of last illness and funeral:

(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;

(3)Servants wages, not exceeding two months wages to each servant;
and

(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.

REGIMENTAL DEBTS ACT 1893 - SECT 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 ... any ... duty, tax, or
per-centage, or for any of the purposes of administration.

REGIMENTAL DEBTS ACT 1893 - SECT 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.

REGIMENTAL DEBTS ACT 1893 - SECT 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.

REGIMENTAL DEBTS ACT 1893 - SECT 6
Powers and duties of committee where preferential charges are not
paid.

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) 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) 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) 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) 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 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) 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 by paymaster.

REGIMENTAL DEBTS ACT 1893 - SECT 7

7. The paymaster shall pay the surplus in the prescribed manner,
and subject to the prescribed provisions and exceptions, as follows:

(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)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)If he does not know of such a representative as above mentioned,
and the amount does not exceed [#1,500] 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)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.

REGIMENTAL DEBTS ACT 1893 - SECT 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)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)If he has notice of a representative of the deceased, he shall
pay the residue to that representative;

(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.

REGIMENTAL DEBTS ACT 1893 - SECT 9
Disposal by Secretary of State of residue where residue does not
exceed #1,500, and no representation.

9. Where the residue does not exceed [#1,500], 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)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 ... savings bank or otherwise, and, if necessary, in
the name or names of a trustee or trustees for any such person.

(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)Except as above in this section provided, a person shall not be
entitled to obtain payment out of any residue in the hands of a
Secretary of State of any sum due from the deceased.

REGIMENTAL DEBTS ACT 1893 - SECT 10
Application of residue undisposed of.

10.(1) Where any residue or any part thereof remains undisposed of
and unappropriated the prescribed notice thereof shall be published,
and during six years next after the publication of that notice the
like notice with any necessary modifications shall be annually
published.

(2) So much of the residue as remains undisposed of and
unappropriated for six months after the publication of the last of
such notices shall, together with any income or accumulations of
income accrued therefrom, be applied in the prescribed manner in or
towards the creation or maintenance of such compassionate or other
fund for the benefit of widows and children, or other near
relatives, of soldiers dying on service, or within six months after
discharge, as may be prescribed.

(3) Provided that the application under this section of any residue,
or part of a residue, shall not bar any claim of any person to
the same, or any part thereof.

Disposal of decorations.

REGIMENTAL DEBTS ACT 1893 - SECT 11

11. ... decorations shall not be considered to be comprised in the
personal estate of the deceased with reference to the claims of
creditors or for any of the purposes of administration under this
Act or otherwise; and, notwithstanding anything in this or any other
Act, the same, when secured by the committee of adjustment, shall
be held and disposed of according to regulations laid down by royal
warrant.

REGIMENTAL DEBTS ACT 1893 - SECT 12
Disposal of effects not money.

12. Where any part of the personal estate of the deceased consists
of effects, securities, or other property not converted into money,
the provisions of this Act with respect to paying or remitting the
surplus shall, save as may be prescribed, extend to the delivery,
transmission, or transfer of such effects, securities, or property,
and the paymaster and the Secretary of State shall respectively have
the same power of converting the same into money as the
representative of the deceased.

REGIMENTAL DEBTS ACT 1893 - SECT 13
Regulations by royal warrant.

13.(1) Her Majesty the Queen may, by warrant under the Royal Sign
Manual, make regulations for all such things as are by this Act
directed or authorised to be prescribed or made subject to
regulations, and also such regulations as may seem fit for the
better execution of this Act, or any part thereof; and may by such
regulations make different provisions to meet different cases or
different circumstances.

(2) Every royal warrant made under this Act shall be printed by
the Queen's printer, and published under the authority of Her
Majesty's Stationery Office, and laid before both Houses of
Parliament as soon as may be after the making thereof.

REGIMENTAL DEBTS ACT 1893 - SECT 15
Money remitted not to be assets in place where remitted to.

15. Any property coming under this Act to the hands of any
committee of adjustment or paymaster shall not, by reason of so
coming, be deemed assets or effects at the place in which that
committee or paymaster is stationed or resides, and it shall not be
necessary by reason thereof that representation be taken out in
respect of that property for that place.

REGIMENTAL DEBTS ACT 1893 - SECT 16
Duty and representation where sums under #100.

16. Where any surplus or residue, as the case may be, does not
exceed one hundred pounds, no duty shall be payable in the United
Kingdom ... in respect thereof, and it shall not be necessary that
representation to any deceased person be taken out for the purpose
of obtaining payment thereof or of any part thereof under this Act
from a paymaster or a Secretary of State, except in any prescribed
case, or in any case where the Secretary of State requires it.

REGIMENTAL DEBTS ACT 1893 - SECT 17
Discharge of paymaster and Secretary of State.

17. Compliance with the regulations under this Act with respect to
the mode of payment of any surplus or residue or any part thereof
to any person (whether by transmission or remission to another place
or person or otherwise) shall discharge the Secretary of State or
paymaster or other person complying with the regulations, and he
shall not be liable by reason of the surplus or residue or part
which may be in his hands having been paid, transmitted, remitted,
or otherwise dealt with in accordance with the regulations.

REGIMENTAL DEBTS ACT 1893 - SECT 18
Validity of payments, sales, &c., under this Act.

18. Every payment, application, sale, or other disposition of
property made by the Secretary of State, or by any committee of
adjustment, or by any paymaster, when acting in execution or
supposed execution of this Act, or of any royal warrant for
carrying this Act into effect, shall be valid as against all
persons whomsoever; and the Secretary of State, and every officer
belonging to any such committee, and every such paymaster as
aforesaid shall, by virtue of this Act, be absolutely discharged
from all liability in respect of the property so paid, applied,
sold, or disposed of.

REGIMENTAL DEBTS ACT 1893 - SECT 19
Saving for rights of representative.

19. After the committee of adjustment have lodged with the paymaster
the surplus of the property of any deceased person, any
representative of that person ... shall, as regards any property of
a deceased person not collected by the committee of adjustment and
not forming part of the surplus or residue in this Act mentioned,
have the same rights and duties as if this Act had not passed.

REGIMENTAL DEBTS ACT 1893 - SECT 20
Creditor administering not entitled to claim property.

20. A creditor, as such, shall not be deemed a person entitled to
take out representation to the deceased within the meaning of this
Act or to pay or secure the preferential charges; nor shall a
creditor taking out representation be entitled as representative of
the deceased to claim from a paymaster or the Secretary of State
any part of the property of the deceased.

REGIMENTAL DEBTS ACT 1893 - SECT 21
Deposit in court of probate, &c., of original wills in hands of
Secretary of State, and declaration of intestacy.

21.(1) Where any original will of a person dying while subject to
military law, whether he died before or after the commencement of
this Act, comes to the hands of a Secretary of State, and
representation under the same is not taken out, then the Secretary
of State may cause the same to be deposited as follows:

(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 [Belfast] for the deposit of original wills
brought into the High Court in Ireland.

(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 representation 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.

Special provision as to an army paymaster.

REGIMENTAL DEBTS ACT 1893 - SECT 22

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

(1)The powers and duties of the committee of adjustment shall arise
immediately 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 purposes of this Act:

(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.

REGIMENTAL DEBTS ACT 1893 - SECT 23
Application of Act to deserters, &c.

23. Where a person subject to military law deserts, or is absent
without leave for twenty-one days, [or, in consequence of a
conviction by or before a court of ordinary criminal jurisdiction,
is sentenced to death or is imprisoned or detained to serve a
sentence of three months or more] ... 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 notwithstanding 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.

REGIMENTAL DEBTS ACT 1893 - SECT 24
Application of Act to case of insanity.

24. Where a person subject to military law is ascertained in the
prescribed manner 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 execeptions, and
to the following modifications:

(a)The preferential charges may be paid by the wife [or husband] 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 adjustment shall dispose of the surplus in the
prescribed manner with a view to its being applied for the benefit
of the insane person.

Ss.2528 rep. by SRO 1937/230 (Rev. vol. X p.553); SLR 1966

Definitions.

REGIMENTAL DEBTS ACT 1893 - SECT 29

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

The expression "officer" includes a warrant officer, ...:

The expression "representation" includes probate and letters of
administration, with or without will annexed, ...:

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

The expression "prescribed" means prescribed by Royal Warrant:

[The expression "desert" means commit an offence against paragraph
(a) of subsection (2) of section thirty-seven of the Army Act,
1955].

Save as aforesaid expressions in this Act have the same meaning as
in [the Army Act, 1955].

REGIMENTAL DEBTS ACT 1893 - SECT 30
Extent of Act.

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

Ss.31, 32 rep. by SLR 1908

REGIMENTAL DEBTS ACT 1893 - SECT 33
Short title.

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