Clause 77

Where a person has been convicted by court-martial of having stolen, dishonestly misappropriated or converted, received, knowing it to be stolen, or otherwise unlawfully obtained, any property, and the property or any part thereof is found in the possession of the offender, the authority confirming the finding and sentence of such court-martial, or the Army Board, may order the property so found to be restored to the person appearing to be the lawful owner thereof.

A like order may be made with respect to any property found in the possession of such offender, which appears to the confirming authority or the Army Board to have been obtained by the conversion or exchange of any of the property stolen, dishonestly misappropriated or converted, received or unlawfully obtained.

Where it appears to the confirming authority from the evidence given before the court-martial, that any part of the property stolen, dishonestly misappropriated or converted, received or unlawfully obtained was sold to or pawned with any person without any guilty knowledge on the part of the person purchasing or taking in pawn the property, the authority or the Army Board may, on the application of that person, and on the restitution of the said property to the owner thereof, order that out of the money (if any) found in the possession of the offender, a sum not exceeding the amount of the proceeds of the said sale or pawning shall be paid to the said person purchasing or taking in pawn.

An order under this section shall not bar the right of any person, other than the offender, or any one claiming through him, to recover any property or money delivered or paid in pursuance of an order under this section from the person to whom the same is so delivered or paid.