« PreviousContinue »
WILLS AND DISTRIBUTION OF PROPERTY.
62.—(1) Every soldier on enlistment shall declare the name of Soldier on enthe person or persons to whom in the event of his decease without listment to having made a valid will, any money or personal property due or register name of person to belonging to him, should be paid or delivered, and the name of whom estate such person or persons shall be recorded at the head-quarters of the is to be paid Regiment. The record shall be verified periodically, and it shall in the event be the duty of the soldier to report any alteration in the record intestate. which he wishes made.
(2) The paymaster or any officer of the Regiment or of the Treasury or other public department, having in his charge or control any pay, accumulations of pay, gratuity, or other allowance, or any personal property or money belonging to any soldier dying intestate who has complied with the above conditions, may pay or deliver the same to the person or persons whose name or names has or have been recorded by the soldier in the manner prescribed.
63.-(1) Any will made by a non-commissioned officer or Form of will. private of the Regiment shall be valid for disposing of any money or personal property which shall be due or belonging to him at his decease
(a) If it is in writing and signed or acknowledged by him in presence of, and in his presence attested by one witness, being an officer of the Regiment or any medical officer of the Colony; or
(b) If it is executed with the formalities required by any law now or hereafter in force in the Colony, in the case of persons not being soldiers of the Regiment.
Such will shall be deemed well made for the purpose of being admitted to probate, and the person taking out representation to the testator under such will shall exclusively be deemed the testator's representative with respect to the money or personal property thereby bequeathed.
if less than
(2) The paymaster or any officer of the Regiment or of the Accumulation Treasury or other public department, having in his charge or con- of pay, &c. trol any pay, accumulations of pay, gratuity, or other allowance, fifty pounds, or any personal property, or money belonging to such testator, not may be paid exceeding in the aggregate the value of fifty pounds, may pay or without prodeliver the same to any person entitled thereto under the will, or to the person entitled to procure probate of, or administration under such will, although probate or administration may not have been taken out.
If the value of the said money and personal property exceeds Probate to be the sum of fifty pounds, the paymaster or other officer as aforesaid, taken if value having the same in his charge or control, shall require probate or exceeds fifty pounds. administration to be taken out, and thereupon pay and deliver the said money and effects to the legal representative of the deceased.
Distribution in case of intestacy.
64. In case any non-commissioned officer or private of the Regiment dies without having complied with the requirements stated in the sixty-second section of this Ordinance, and without having made any valid will under this or any law or Ordinance regulating wills for the time being in force, the paymaster or other officer having in his charge or control money or personal property of the deceased as aforesaid may, with the concurrence of the Governor, pay or deliver such money or personal property to any claimant showing herself or himself to the satisfaction of the Governor to be the widow of the deceased, or to be the child or any near relative of the deceased according to the rules of kinship of the tribe to which the deceased belonged, and where there are more such claimants than one, then in such shares and proportions as the claimants would be entitled to receive under the rules of succession prevailing among such tribe or as nearly as may be.
As to pay
65. Notwithstanding anything hereinbefore contained, if in ment of debtr. case where probate of the will or administration to the estate of the deceased is not taken out, the paymaster or other officer aforesaid, before disposing of the money and personal property of the deceased in manner aforesaid has notice of any debt due by the deceased, he shall apply such money and property so far as remaining in his charge or control, or so much thereof as may be requisite in or towards payment of such debt, subject to the following conditions:
First-That the debt accrued within three years before the
Second-That payment of it is claimed within one year after the
Third-That the claimant proves the debt to the satisfaction of the Governor.
Property distributed subject to rights of creditors.
Any person claiming to be a creditor of the deceased shall not be entitled to obtain payment of his debt out of any money that may be in the hands of the paymaster or any officer of the Regiment, or of the Treasury or other public department, except by means of a claim on the paymaster or commanding officer or some District Commissioner, and proceeding thereon under and according to this Ordinance.
66. In all cases where the money or personal property of the deceased or any part thereof is paid or delivered to any person as being interested therein by reason of his or her name having been recorded in accordance with the sixty-second section of this Ordinance or under the will of the deceased, or as his widow or child or near relative, or in any other manner under this Ordinance, any creditor of the deceased shall have the same rights and remedies against such person as if he had received the same as a legal personal representative of the deceased.
67. If the money or personal property belonging to the deceased, Money unor any part thereof, remains for one year undisposed of or unappro- applied to the priated, and without any valid claim thereto having been made, regimental then the paymaster or other officer having the charge or control fund. thereof shall apply and make over the same towards any reward and gratuity fund for the benefit of the Regiment as may be prescribed by any order or regulations made by the Governor.
Provided that the application under this section of any such Proviso. money or property, or part thereof, undisposed of or unappropriated as aforesaid, shall not be deemed to bar any claim of any person to the same, or any part thereof that may be established at any time after such application.
68. Medals, uniforms, and decorations shall not be considered Medals and to be comprised in the personal estate of any deceased with refer- decorations ence to claims of creditors, or for any of the purposes of administration under this Ordinance or otherwise, and the same shall be delivered to and held by the paymaster, and disposed of according to regulations made by the Governor.
69. In every case of desertion the money or property of the Application deserter in the charge or control of the paymaster, or any other of money, &c. officer as aforesaid, shall be disposed of according to regulations desertion. made by the Governor.
Provided that in every such case the provisions of the sixty-fifth section of this Ordinance shall, mutatis mutandis, apply as nearly as may be.
Description of Force.
(No. 14-1897 & P. No. 4-1902,
1. This Ordinance may be cited as "The Police Ordinance."
2. In this Ordinance, unless the context otherwise requires :
"Constable" means any police constable of the Force, and
"Members of the Police Force "includes officers and constables.
Constitution of the Force.
3. The Police Force shall be an armed force, and shall be employed for the prevention and detection of crime, the repression of internal disturbance, and the defence of the Colony and Protectorate against external aggression.
4. The Force shall consist of an Inspector-General and such other officers and such number of constables as the Governor may from time to time direct.
5. The Governor may from time to time fill up all vacancies that may occur in the Police Force; and may authorise the Inspector-General at any time to appoint fit men as police constables, and every such appointment shall be an appointment under this Ordinance.
The Inspector-General of Police.
6. The Inspector-General, subject to the orders and directions of Duty of the Governor, shall have the command, direction and general super- Inspectorintendence of the Force.
7. The Inspector-General shall be responsible for the efficient Responsi administration and government of the Force, and for the proper bility of same. expenditure of all public moneys appropriated for the service thereof.
The Officers of Police.
8. The Senior Officer of Police stationed in any district shall be Duties of charged with the command, direction and superintendence of the Senior Officer. Force from time to time stationed in such district, subject to the orders of the Inspector-General. In the absence of an officer of Police, a District Commissioner shall have the charge of the Police Force in his district as far as regards the discipline, duties, pay and distribution of the men.
bilities of officers.
9. Every Officer of Police shall be responsible for all public Responsi moneys entrusted to his care, or that shall come into his possession, and shall be charged with the custody of the accoutrements, clothing, and all other public stores issued and delivered for the use of the Force under his command, and shall account for the same to the Inspector-General in case of their being lost, spoiled or damaged.
10. Subject to the provisions of this Ordinance and of the Regu- Officers. lations, the duties of every Officer of the Police Force other than the Inspector-General shall be such as may from time to time be determined by the Inspector-General, and, subject as aforesaid, the relations of such officers to one another shall be such as may from time to time be determined by the Inspector-General with the sanction of the Governor.
The Pay and Quarter-Master of Police.
11. The Pay and Quarter-Master of Police shall be charged Pay and with all monetary transactions in connection with the Force, and Quarterbe responsible for all public moneys entrusted to his care or that master reshall come into his possession, and shall be charged with and public moneys accountable for all public stores of whatever description belonging and stores. or appertaining to the Force in case of their being lost, spoiled or damaged.
12. Every member of the Force shall on being appointed make Declaration the following declaration, and shall confirm such declaration by on appointoath in such manner as he may declare to be most binding on his