Okla. Stat. tit. 44, § 44-111
This is the official text of Okla. Stat. tit. 44, § 44-111, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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Public property - Liability of commanding officer -
Official statutory text
Liability of person responsible for loss, damage or destruction -
Apprehension and prosecution of persons absconding.
(a) The officer in permanent or temporary command of a station
is responsible for the security of all public property of the
command, whether in use or in store, and although for purposes of
periodical accountability to general headquarters, it may all have
been officially accepted and receipted for by subordinate officers,
the commanding officer is nevertheless responsible and pecuniarily
liable with them for the strict observance of the regulations in
regard to its preservation, use and issue. He will take care that
all storehouses are properly guarded, that only reliable agents are
employed, and only trustworthy enlisted men are detailed for duty in
them or in connection with the property.
(b) A company or detachment commander is responsible for all
public property pertaining to his company or detachment and will not
transfer his accountability therefor to a successor during periods
of absence of less than thirty (30) days, unless ordered by
competent authority, when such absence exceeds thirty (30) days, the
question of responsibility is settled by the proper authority.
(c) The officer in temporary or permanent command of a company
or detachment is responsible for all public property used by, or in
possession of the command, whether he receipts for it or not.
(d) The property responsibility of a company commander cannot
be transferred to enlisted men. It is his duty to attend personally
to its security, and to superintend issue himself, or cause to be
superintended by a commissioned officer.
(e) A transfer of public property involves a change of
possession and accountability. The transferring officer will
furnish the receiving officer with invoices, in duplicate,
Oklahoma Statutes - Title 44. Militia Page 26
accurately enumerating the property and the latter will return
duplicate receipts. The transaction will appear on the property
returns rendered by such.
(f) The giving or taking of receipts in blank for public
property is prohibited. Officers are cautioned against the signing
of receipts for property without an actual physical count of such
property. A relief at some future time for a shortage caused by
failure to exercise such precaution will not be favorably
considered.
(g) An officer in charge of public property in use or in store
will endeavor by timely repairs to keep it in serviceable condition.
(h) Officers responsible for property will be charged for any
damage to or loss or destruction of the same, unless they show to
the satisfaction of the Adjutant General, by proper evidence, that
the damage, loss, or destruction was occasioned by unavoidable
causes, and without fault or neglect on their part.
(i) If an article of public property be lost or damaged by the
neglect or fault of any officer or soldier, he shall be subject to
pay for the value thereof or the cost of repairs, in a sum to be
determined by the proper authority, upon the demand of the Adjutant
General.
(j) The amount charged against an enlisted man on the muster
and payrolls on account of loss or damage to, or repairs to military
property shall not exceed the value of the article or cost of
repairs; and such charge will only be made on conclusive proof, and
never without an inquiry if the soldier demands it.
(k) The Adjutant General is authorized to pay from the funds
appropriated to the Military Department for operating expenses the
expenses necessary for the apprehension and prosecution of any
person absconding with property belonging either to the state or
United States; provided, such person is without the confines of this
state.
Apprehension and prosecution of persons absconding.
(a) The officer in permanent or temporary command of a station
is responsible for the security of all public property of the
command, whether in use or in store, and although for purposes of
periodical accountability to general headquarters, it may all have
been officially accepted and receipted for by subordinate officers,
the commanding officer is nevertheless responsible and pecuniarily
liable with them for the strict observance of the regulations in
regard to its preservation, use and issue. He will take care that
all storehouses are properly guarded, that only reliable agents are
employed, and only trustworthy enlisted men are detailed for duty in
them or in connection with the property.
(b) A company or detachment commander is responsible for all
public property pertaining to his company or detachment and will not
transfer his accountability therefor to a successor during periods
of absence of less than thirty (30) days, unless ordered by
competent authority, when such absence exceeds thirty (30) days, the
question of responsibility is settled by the proper authority.
(c) The officer in temporary or permanent command of a company
or detachment is responsible for all public property used by, or in
possession of the command, whether he receipts for it or not.
(d) The property responsibility of a company commander cannot
be transferred to enlisted men. It is his duty to attend personally
to its security, and to superintend issue himself, or cause to be
superintended by a commissioned officer.
(e) A transfer of public property involves a change of
possession and accountability. The transferring officer will
furnish the receiving officer with invoices, in duplicate,
Oklahoma Statutes - Title 44. Militia Page 26
accurately enumerating the property and the latter will return
duplicate receipts. The transaction will appear on the property
returns rendered by such.
(f) The giving or taking of receipts in blank for public
property is prohibited. Officers are cautioned against the signing
of receipts for property without an actual physical count of such
property. A relief at some future time for a shortage caused by
failure to exercise such precaution will not be favorably
considered.
(g) An officer in charge of public property in use or in store
will endeavor by timely repairs to keep it in serviceable condition.
(h) Officers responsible for property will be charged for any
damage to or loss or destruction of the same, unless they show to
the satisfaction of the Adjutant General, by proper evidence, that
the damage, loss, or destruction was occasioned by unavoidable
causes, and without fault or neglect on their part.
(i) If an article of public property be lost or damaged by the
neglect or fault of any officer or soldier, he shall be subject to
pay for the value thereof or the cost of repairs, in a sum to be
determined by the proper authority, upon the demand of the Adjutant
General.
(j) The amount charged against an enlisted man on the muster
and payrolls on account of loss or damage to, or repairs to military
property shall not exceed the value of the article or cost of
repairs; and such charge will only be made on conclusive proof, and
never without an inquiry if the soldier demands it.
(k) The Adjutant General is authorized to pay from the funds
appropriated to the Military Department for operating expenses the
expenses necessary for the apprehension and prosecution of any
person absconding with property belonging either to the state or
United States; provided, such person is without the confines of this
state.
Status: in_force · Read it on the official government site
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