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Exemption of soldiers in respect of civil process.
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140.—(1) A soldier of the Forces shall not be liable to be taken out of the service by any process, execution, or Order of any Court of Law or otherwise, or to be compelled to appear in person before any Court of Law, except in respect of the following matters, or one of them; that is to say:—
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(a) On account of a charge of or conviction for crime; or
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(b) On account of any debt, damages or sum of money, when the amount exceeds thirty pounds over and above all costs of suit.
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(2) For the purposes of this Section a crime shall mean a felony, misdemeanour, or other crime or offence punishable, with fine or imprisonment or some greater punishment, and shall not include the offence of a person absenting himself from his service or neglecting to fulfil his contract, or otherwise misconducting himself respecting his contract.
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(3) For the purposes of this Section, a Court of Law shall be deemed to include a Court of Summary Jurisdiction and any District Justice.
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(4) The amount of the debt, damages or sum shall be proved, for the purpose of any process issued before the Court has adjudicated on the case, by an affidavit of the person seeking to recover the same or some one on his behalf, and such affidavit shall be sworn without payment of any fee, in the manner in which affidavits are sworn in the Court in which proceedings are taken for the recovery of the sum, and a memorandum of such affidavit shall, without fee, be endorsed upon any process or order issued against a soldier.
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(5) All proceedings and documents in or incidental to a process, execution, or order in contravention of this Section shall be void; and where complaint is made by a soldier or his Commanding Officer that such soldier is dealt with in contravention of this Section by any process, execution or order issued out of any Court, and is made to that Court or to any Court superior to it, the Court or some judge thereof shall examine into the complaint and shall, if necessary, discharge such soldier without fee, and may award reasonable costs to the complainant, which may be recovered as if costs had been awarded in his favour in any action or other proceeding in such Court.
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Provided that:—
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Any person having cause of action or suit against a soldier of the Forces, may, notwithstanding anything in this Section, after due notice in writing given to the soldier, or left at his last quarters, proceed in such action or suit to judgment, and have execution other than against the person, pay, arms, ammunition, equipment, regimental necessaries or clothing of such soldier.
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