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ROYAL WARRANT,* DATED AUGUST 30, 1893, MAKING REGULATIONS UNDER THE REGIMENTAL DEBTS ACT, 1893,† AS AMENDED BY ROYAL WARRANT DATED DECEMBER 26, 1894.‡

Victoria R. & I.

Whereas by Our Warrant of 22nd April, 1881,§ We were pleased to make the regulations thereunto annexed, being regulations under the Regimental Debts Act, 1863:|| and whereas by the Regimental Debts Act, 1893,† which will come into operation on the 1st October, 1893, the Regimental Debts Acts, 1863, is repealed: and whereas we deem it expedient to make regulations under the Regimental Debts Act, 1893,† to take effect as from the 1st October, 1893, in lieu of the regulations annexed to Our said Warrant of the 22nd April, 1881.§

Our will and pleasure is that Our said Warrant of 22nd April, 1881, and the regulations thereunto annexed, shall be and are hereby cancelled as from the 1st October, 1893, and this Our Warrant and regulations which shall be administered, construed, and interpreted by Our Secretary of State for War and Our Secretary of State in Council of India, as the case may require, shall, on and after the 1st October, 1893, subject to and in conjunction with the Regimental Debts Act, 1893,† be the sole and standing authority on the matters therein treated of;

Provided always that where and so far as the Regimental Debts Act, 1893,† the Army Act, or this Our Warrant and the regulations thereunto annexed do not particularly prescribe the manner in which any sum of money is to be disposed of or invested, then and in every such case, until by further Warrant under Our Royal Sign Manual We otherwise direct, the same shall be disposed of or invested as the same would have been disposed of or invested if the Acts above quoted had not been passed.

Until by further Warrant under Our Royal Sign Manual We otherwise direct, medals and decorations belonging to persons dying while subject to Military Law shall be disposed of as Our Secretary of State for War may, according to the circumstances of different cases, think fit.

Given at Our Court at Balmoral, this 30th day of August, 1893, in the 57th year of Our Reign.

By Her Majesty's Command,

H. Campbell-Bannerman.

* Issued with A.O. 1893, 151 (Sept. 1893).

† 56 & 57 Vict. c. 5.

Issued with A.O. 1 of 1895 (Jan. 1895).

§ Published in the "Manual of Military Law" (1887), pp. 807–816.

26 & 27 Vict. c. 57.

REGULATIONS.

(Section 1 of the Act.)

1. Where the deceased was an officer employed on the staff, the committee of adjustment is to consist of two officers to be appointed by the officer commanding at the station, one of whom should, if practicable, be a field officer.

2. Where the deceased was an officer not employed on the staff, the committee of adjustment is to consist of a major of the regiment or corps, or an officer doing major's duty in his absence, and two other officers of the regiment or corps not under the rank of captain (unless officers of that rank or of the regiment or corps cannot conveniently be had), to be appointed by the commanding officer of the regiment or corps or by the officer commanding at the station.

3. Where the deceased was a warrant officer, non-commissioned officer, or man employed on the staff, the committee of adjustment is to consist of any officer, not under the rank of captain, under whom the soldier was serving, and two other officers to be appointed by the officers commanding at the station.

4. Where the deceased was a warrant officer, non-commissioned officer, or man not employed on the staff, the committee of adjustment is to consist of the officer commanding the troop, squadron, battery, or company to which the deceased belonged, and two other officers of the regiment or corps to be appointed by the commanding officer.

5. Where the death occurs at sea, and a committee of adjustment does not assemble on board the ship on which the death occurs, a committee will be assembled at the port of arrival.

5A.* Where the deceased was an officer in receipt of regimental or other pay issued in advance, the committee of adjustment will ascertain from the agent or paymaster who issued the pay whether any sum is due to the public in respect of any issue beyond the date of the officer's death, and will, before paying any private bills or handing over any sum to the next of kin or legal representative provide for the refund of any such over-issue of pay out of the assets in the hands of the committee.

6. The committee of adjustment will in all cases, except as provided in paragraph 8, as soon as practicable after the death, make an inventory of the property, and an account of the debts and credits of the deceased.

7. The inventory and account will be made in duplicate, on the forms supplied, and both the original and the duplicate will be certified by the committee of adjustment. The original

* Rule 5A was added by the Royal Warrant of 1894.

will be dealt with as hereafter directed in these regulations. Where the death occurs in India the duplicate will be sent to the Military Secretary to the Government of the Presidency in which the deceased was quartered. It will then be delivered by him to the Administrator-General of the Presidency or Province, in cases where the surplus is transferred to the AdministratorGeneral, under section 26 (1) of the Act, and will accompany the remittance of the surplus in cases where (2) of the same section applies. Where the death occurs elsewhere than in India, the duplicate will be kept with the regimental or other proper records.

8. Where payment of the preferential charges is secured under section 5 of the Act, the committee of adjustment may abstain from securing and making an inventory of the effects, if so requested by the person paying or securing payment of the preferential charges.

9. The effects secured will be kept in a place of security until duly sold or otherwise disposed of.

10. The expression "regulation area means the station, colony, or command, or such other area as may, in case of doubt, be determined by the Secretary of State.

(Section 2 of the Act, (1).)

11. The actual and necessary expenses of the funeral, in the United Kingdom or the Colonies, of a warrant officer, noncommissioned officer, or man will be borne by the public to such extent as may be provided for in the allowance regulations.

(Section 5 of the Act.)

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12. The expression "any person means the representative of the deceased, the widow (if any), or one of the next of kin.

13. Where the committee of adjustment withdraw from interference in relation to property of the deceased in consequence of the representative of the deceased, or his widow, or one of his next of kin, paying in full the preferential charges, the committee will forthwith forward, together with the inventory (if made) and account, a report of the facts and circumstances as follows:

Where the death occurs elsewhere than in India, or the death occurs in India, the deceased being (in the latter case) a soldier of Her Majesty's British Forces, to the Secretary of State for War.

Where the death occurs in India, the deceased not being a soldier of Her Majesty's British Forces, to the Military Secretary to the Government of the Presidency in which the deceased was quartered.

(Section 6 of the Act, (1), (2), (3).)

14. Where the death occurs out of the United Kingdom the committee of adjustment may if they think fit, postpone any sale of the effects until such time, beyond one month, as the next of kin of the deceased have had opportunity of notifying their wishes to the committee regarding the sale or the withholding from sale of any portion of the effects.

15. The effects to be sold will be disposed of at fair and open auction at the most favourable opportunity, in the case of an officer in the presence of a member of the committee of adjustment, and in the case of a soldier in the presence of either the staff officer, or the officer commanding the troop, squadron, battery, or company, under whom the man was serving.

16. Such of the effects as the committee of adjustment do not sell by auction may be sent by them to the representative or next of kin of the deceased; but where it appears desirable to do so, the committee may annex any securities, share certificates, life assurance, or other policies, bank deposit receipts or other documents of value, to the original inventory and account for transmission to the War Office, or India Office, as the case may be.

17. The practice of employing a non-commissioned officer in selling by auction such of the effects of a deceased officer or soldier as are not otherwise disposed of, will be adopted only in cases in which it appears to be most advantageous for the estate of the deceased. When much trouble and responsibility are thrown upon the non-commissioned officer by his being so employed, a commission, payable out of the effects, at a rate varying from two to five per cent. on the amount of the produce of the sale, according to the greater or less degree of trouble and responsibility thereby caused, may be paid to him, and charged in the statement of the accounts of the deceased, the man's receipt for the amount being annexed thereto, together with the certificate of the commanding officer that his employment as auctioneer was most advantageous for the estate, and that the duties performed by him justify the remuneration charged.

(Section 6 of the Act, (4).)

18. The committee of adjustment will discharge all debts that have accrued in the same station, colony, or command, which are proved to their satisfaction, except where the death occurs in India, and the deceased is not a soldier of Her Majesty's British Forces, in which case their discharge is provided for in section 26 of the Act and paragraph 54 of these regulations.

(Section 6 of the Act, (6).)

19. Where the deceased was an officer, and the death occurs elsewhere than in India, the committee of adjustment will lodge the surplus in the hands of the district paymaster for credit in his next account, taking a receipt for the amount. This receipt, together with the inventory and the account of debts and credits, will be transmitted by the committee of adjustment to the Secretary of State for War, through the officer commanding at the station.

20. Where the deceased was a non-commissioned officer or man serving in Her Majesty's British Forces, then, where the death occurs in India, the committee of adjustment will lodge the surplus in the hands of the officer paying the corps, who will credit the amount in the next casualty return. Where the death occurs elsewhere than in India the surplus will be credited in the Pay List of the troop, squadron, battery, or company to which the deceased belonged.

21. Where the death occurs in India, the deceased not being a non-commissioned officer or man serving in Her Majesty's British Forces, the committee of adjustment will remit the surplus to the Military Secretary to the Government of the Presidency in which the deceased was quartered.

22. Whenever a committee of adjustment remit or lodge a surplus they will send or lodge therewith the original inventory and account, except as provided in paragraph 19.

23. In every case the officer present at the sale of effects will furnish a certified statement of the particulars thereof, which will be attached to the original inventory and account, and he will cause the amount produced by such sale to be carried to the credit of the account.

24. In cases in which paragraph 20 applies, the paymaster or other officer paying the corps will ascertain that all the articles reported in the inventory furnished to him as forthcoming are accounted for in the particulars of the sale, and will annex the inventory and account, and the particulars of the sale, to the current account or casualty return rendered by him, and will state therein the balance, debtor or creditor. In cases in which paragraph 21 applies, the Military Secretary will have the inventory and account, and the statement of the particulars of the sale, compared and examined.

25. Where a regiment of Her Majesty's British Forces is stationed in India, monthly casualty returns, made up according to the printed form, will be transmitted to the Secretary of State for War through the Controller of Military Accounts in the Presidency, and sums therein mentioned will be stated in sterling money.

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