46-306 — LOSS OR DAMAGE TO PROPERTY -- LIABILITY OF RESPONSIBLE ENLISTED PERSON


                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 3
                           EQUIPMENT AND ALLOWANCES
    46-306.  LOSS OR DAMAGE TO PROPERTY -- LIABILITY OF RESPONSIBLE ENLISTED
PERSON. The responsibility for the loss or damage of any property of the state
or of the United States, lost or damaged through unlawful use, neglect, or
carlessness [carelessness] on the part of any enlisted person, may be
submitted to the action of a surveying officer, and if the findings of said
officer is adverse to the enlisted person the latter shall be called upon by
his organization commander or detachment commander to render payment for same,
and in the event that said payment shall not be made within the thirty (30)
days, the enlisted person shall be punished as a court-martial may direct:
provided, that charges for loss or damage to property belonging to the United
States may be entered on the payroll and charged against the enlisted person,
without the action of a surveying officer in the manner and under the rules
and regulations prescribed under the national defense act.
    In case any enlisted person shall refuse to sign a statement of charges on
property for entry on the payrolls, after a surveying officer shall have found
such enlisted person responsible for such damage or loss of any property of
the state or the United States, such enlisted person shall be brought to trial
and punished as a court-martial may direct.