(1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the property of any person has been wrongfully taken by members of the organized militia, the officer may, subject to such military department regulations as the Governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (3) of this section, on any disbursing officer for the payment by the disbursing officer to the injured parties of the damages so assessed and approved.
(2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military fund of the unit or units of the organized militia to which such offenders belonged.
(3) Any person subject to this chapter who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in behalf of the person and to cross-examine those appearing against the person. The person has the right to appeal to the next higher commander. [1961 c.454 §201]Section: Previous 398.393 398.394 398.395 398.397 398.399 398.400 398.402 398.404 398.406 398.408 398.410 398.412 398.414 398.416 398.418 Next
Last modified: August 7, 2008