Short title. tion. Remedy for non delivery of Volunteer Act, 1869. [32 & 33 VICT. c. 81.] An Act to amend the Volunteer Act, 1863. [9th August, 1869.] 1. This Act may be cited as the Volunteer Act, 1869. 2. This Act shall be construed as one with the Volunteer Act. 1863, in this Act referred to as the principal Act, and that Act and this Act may be cited together as the Volunteer Acts, 1863 and 1869. 3. Where any person neglects or refuses, on demand made as hereinafter mentioned, to deliver up any property (whether arms, arms, &c., clothing, appointments, ammunition, or public stores), which is on demand: public property, or the property of a Volunteer corps or administrative regiment, and has been issued to such person, or is in his possession or keeping as an officer or Volunteer, any justice of the peace may, upon reasonable ground being shown for a suspicion that the property is to be found on any premises, issue a warrant under his hand empowering the person therein named to enter upon such premises and search for the property, and the person so empowered may enter and search accordingly, and shall seize such property, if found, and remove the same with all convenient speed to such place as may be directed by the Secretary of State, person, officer, or adjutant who made the demand. Mode of making demand. Wrongful pawning arms, &c., by Volun teers. Notwithstanding any such seizure and removal, the same penalty may be enforced against any person and the value of any such property may be recovered from the person neglecting or refusing as aforesaid, in the same manner as it might have been under the principal Act if this Act had not passed. The jurisdiction under this section may be exercised by any sheriff or magistrate who under the principal Act has jurisdiction with respect to the recovery of a penalty. 4. A demand may be made for the purposes of this Act by the following persons, viz. : (1.) In any case by one of Her Majesty's Principal Secretaries The demand may be made by the delivery of a written notice to rules with respect to a Volunteer corps shall extend, and be deemed Vict. c. 65, to have always extended, to rules for securing the efficiency of the ss. 24, 27. members of the corps, and that a fine for the breach of any rule made under the aforesaid section shall be a sum of money recoverable on complaint to a court of summary jurisdiction. 2. This Act may be cited as the Volunteer Act, 1897. Volunteer Act, 1900. [63 & 64 VICT. c. 39.] An Act to amend the Volunteer Act, 1863. [6th August, 1900.] 1. (See p. 658, note (t), supra.] Short title. Volunteer 2. (1) It shall be lawful for Her Majesty to accept the offer of Power of any member of a volunteer corps to subject himself to the liability to enter into to be called out for actual military service at any time for purposes special of coast defence at such places in Great Britain as may be specified agreements in his agreement. (2) The Secretary of State may make regulations as to the calling out of persons whose offers have been accepted under this section, and for adapting the provisions of Sections seventeen to twenty of the Volunteer Act, 1863, to the case of persons called out in pursuance of an agreement under this section. 3. [ See on s. 2 of Volunteer Act, 1895, p. 668, supra.] 4. This Act may be cited as the Volunteer Act, 1900. Regimental Debts Act, 1893. [56 Vict. c. 5.] An Act to consolidate and amend the Law relating to the Payment Collection of Effects and Payment of Preferential Charges. as to service. Short title. 1. On the death of a person while subject to military law the On death of prescribed committee of adjustment shall, as soon as may be, in person subaccordance with the prescribed regulations and subject to any tary law, exceptions made thereby, ject to mili committee ment to secure (1.) Secure and make an inventory of all such of the effects of of adjustthe deceased as are in camp or quarters, and, if the death occurs out of the United Kingdom, are within the prescribed effects and area whether station, colony, or command, or other (which P charges. 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. The following shall be the preferential charges on the property Preferential of a person dying while subject to military law, and shall, except charges. 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 : : Surplus only of per sonal estate to be deemed personal estate. (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; to which shall be added, where the death occurs out of the United Kingdom (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. 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 percentage, or for any of the purposes of administration. Decision of 4. If in any case a doubt or difference arises in relation to any questions as 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. to preferential charges. Payment of preferential charges by representa tives or other persons. duties of committee where preferential charges are not paid. 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. (1.) If within one month after, the death or such further Powers and 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 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.) 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 prescribed. may be Disposal of Surplus and Residue. 7. The paymaster shall pay the surplus in the prescribed manner, Disposal of and subject to the prescribed provisions and exceptions, as follows: (1.) If out of the United Kingdom he may pay thereout any (3.) If he does not know of such a representative as above (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. 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 (3.) He may, and if it is so prescribed shall, before such pay- surplus by paymaster. Disposal of residue by Secretary of State. State of 9. Where the residue does not exceed one hundred pounds, Disposal by the Secretary of State may, if he thinks fit, require represen- Secretary of tation to be taken out; but if he does not, and has no notice of residue a representative of the deceased, then, after the expiration of the where prescribed time and the publication of the prescribed notice (if residue does any), the residue shall be disposed of as follows: not exceed one hundred pounds, and no representation. Application of residue undisposed of. Disposal of medals and decorations. Disposal of effects not money. Regula tions by royal warrant. (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.) Any part thereof remaining in the hands of the Secretary (a) accrued within three years before the death; and (c) is proved by the claimant to the satisfaction of the (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 the Secretary of State of any sum due from the deceased. 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. Supplemental Provisions. 11. Medals and 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. 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 remit ting 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 Secretary of State shall respectively have the same power of converting the same into money as the representative of the deceased. 13. (1.) Her Majesty the Queen may, by warrant under the Royal Sign Manual, make regulations for all such things as are |