Section 82

A creditor shall not be entitled to claim from the Superintendent the property of a deceased seaman or apprentice, or any part thereof, by virtue of representation obtained as creditor.

A creditor shall not be entitled by any means whatever to obtain payment of his debt out of the property, if the debt accrued more than 3 years before the death of the deceased, or if the demand is not made within two years after the death.

The demand shall be made by the creditor delivering to the Superintendent an account in writing, stating the particulars of his demand and the place of his abode, and signed by him and verified by a statutory declaration.

If before the demand is made, any claim to the property of the deceased made by any person has been allowed, the Superintendent shall give notice to the creditor of the allowance of the claim.

If no claim has been allowed, the Superintendent shall investigate the creditor’s account, and may for that purpose require him to prove the claim, and to produce all books, accounts, vouchers and papers relating thereto; and if by means of them the creditor satisfies the Superintendent of the justice of the demand, either in the whole or in part, the claim shall be allowed and paid accordingly, so far as the property then in the hands of the Superintendent will extend for that purpose, and the Superintendent shall thereby be discharged from all further liability in respect of money so paid.

If the Superintendent is not satisfied as to the claim, or if such books, accounts, vouchers or papers as aforesaid are not produced, and sufficient reason is not given for their non-production, the demand shall be disallowed.

In any case whatever the Superintendent may delay the investigation of any demand made by a creditor for the payment of his debt for one year from the time of the first delivery of the demand.

If in the course of such time a claim to the property of the deceased is made by any person as widow, next of kin or legatee, and allowed by the Superintendent under this Act, the Superintendent may pay and deliver the property to that person.

Where the property has been paid and delivered by the Superintendent to any person as widow, next of kin or legatee of the deceased, whether before or after the demand made by the creditor, the creditor shall have the same rights and remedies against that person as if he had received the property as the legal personal representative of the deceased.[95