648526-1893-Regimental-Debts-Act-1893 — Page 12

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THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1893.

(Section 23 of the Act.)

36. In all cases of desertion, absence without leave for 21 days, and of a soldier being delivered up as an apprentice, or being convicted of felony by the civil power, the Committee of Adjustment will be composed in like manner as in the respective cases of death, and the foregoing regulations relative to the respective cases of death will be applied as far as the difference of the circumstances will admit.

37. The kit of an apprentice will be disposed of as provided in the Clothing Regula- tions, and should he be in possession of any plain clothes when claimed by his master, such clothes will not be sold but returned to the man.

38. In the case of the desertion of a soldier the effects will be sold as soon as may be convenient after he has been declared a deserter, or been absent without leave for 21 days (but within three months from the date of desertion). If, however, the deserter should rejoin while any articles of his necessaries remain unsold, and if he should require such articles for his military purposes, the articles will be returned to him and he will not be subject to forfeiture in respect thereof.

39. The proceeds of the sale of the effects will be credited in a statement of the deserter's accounts (his "non-effective account"), exhibiting his assets and such of his liabilities as would, under the Act, be preferential charges against the estate. Any sum deposited by the soldier in the regimental savings bank will also be credited in the non- effective account.

40. The balance on the non-effective account shall be applied, so far as it will extend, for the purposes and in the order following, that is to say

(a.) In payment of any debts due to the public on account of articles of public property made away with, or otherwise lost on desertion, and of any other debts that may be due to the public.

(b.) In payment or satisfaction of such other debts or liabilities of or claims against the soldier, as the Secretary of State for War or the Secretary of State in Council of India shall think fit to allow, including herein claims by reason of any criminal or wrongful act of the soldier.

41. Should any balance then remain the amount will be credited in the accounts of the Paymaster or other accountant in whose accounts the pay of the man to the date of desertion is charged.

42. If the soldier shall rejoin or be recovered to the service within three from

years the date of desertion, or in the event of his having fraudulently re-enlisted, if such fraudulent re-enlistment has been discovered within that period, any balance left after the settlement of the claims (if any) which may have been payable under paragraph 40, may be applied in payment

debts due on account of articles of necessaries issued of any to the soldier on his rejoining, or of any debts due on account of his re-equipment.

43. If the soldier shall rejoin, or be recovered to the service within one year from the date of desertion, or in the event of his having fraudulently re-enlisted, if such fraudulent re-enlistment has been discovered within that period, any balance left after the settlement of the claims (if any) which may have been payable under paragraphs 40 and 42 may be repaid to the soldier himself.

44. Any balance remaining after the settlement of the claims (if any) which may have been payable under paragraphs 40 and 42, shall at the expiration of three years from the date of desertion, be considered as forfeited, and will be disposed of as the Secretary of State for War or the Secretary of State in Council of India respectively may determine.

45. Any articles of private property which may be in the possession of the deserter on his apprehension, or on his rejoining from desertion, shall be sold, and the proceeds, together with any money of which he may be similarly in possession, shall be applied in payment of the debt (if any) on his non-effective account, and any surplus shall be disposed of as provided in paragraphs 40, 42, and 43. If, however, the deserter be not retained in the service, but discharged, any plain clothes of which he may be in posses- sion shall not be sold, but be utilized in accordance with the provisions of the Clothing Regulations.

46. Should there be reason to believe that any property or money left behind by the soldier on his desertion, or subsequently found in his possession, has been obtained by theft or fraud, the Secretary of State shall be empowered, at his discretion, to restore such property, or to apply the amount realized by the sale thereof, or the amount of such money towards making good the loss caused by the theft or fraud.