TITLE 20

Military and Civil Defense

Military

CHAPTER 1. DELAWARE NATIONAL GUARD

Subchapter III. Property; Accountability, Misappropriation and Injury


(a) Any officer, enlisted member, employee or agent of the Delaware National Guard who receives state or federal property or funds for military use shall be liable under the appropriate state and federal regulations for the proper safeguarding of said property or funds.

(b) No such person shall be discharged from responsibility for such property or funds until a proper accounting shall be made under appropriate regulations.

(c) The Adjutant General shall be empowered to enter suit against any person in the name of the state for the value of any such property as may have been damaged, lost, destroyed or not properly accounted for.

20 Del. Laws, c. 392, § 23; Code 1915, § 303; 32 Del. Laws, c. 22, § 1; Code 1935, § 266; 20 Del. C. 1953, § 141; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 106, § 8.;

(a) All arms, equipment or other property furnished to organizations of the Delaware National Guard shall, when required by the Adjutant General or the commanding officer of any unit, be deposited in the armory of the unit.

(b) Any person to whom such property was issued, failing to deposit or return any article of such property unless properly accounted for within 10 days after said person shall have been notified by written notice from the commanding officer to return it to the armory, shall be assessed damages in an amount of the current value of the property thus illegally detained, which assessment shall become a judgment of the court and entered upon its records as such. The court is empowered to use its civil contempt power to enforce payment of this assessment.

(c)(1) Notice under this section shall be given either by personal delivery thereof to the person to be notified or by deposit of such notice in the United States mail in an envelope with postage prepaid, addressed to such person at the person's address as shown by the records of the Delaware National Guard.

(2) The giving of notice by mail is complete upon the expiration of 4 days after such deposit of such notice. Proof of the giving of notice in either such manner may be made by the certificate of any officer or employee of the Delaware National Guard or affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof.

(d) When any arms, equipment or other property furnished to organizations of the Delaware National Guard are lost or damaged by the act or neglect of any officer or enlisted person, deduction may be made to the amount of such loss or damage from any pay or allowance that may be or become due, under this chapter, to such officer or enlisted person.

20 Del. Laws, c. 392, § 33; 22 Del. Laws, c. 284, § 1; Code 1915, § 307; 32 Del. Laws, c. 22, § 1; Code 1935, § 270; 20 Del. C. 1953, § 145; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 106, § 9.;

Upon disbandment of any company or organization which has received arms, equipment or any other property of the State or of the United States for military purposes, the commanding officer of such company or organization shall be responsible for the return of the same to the custody of a duly authorized officer of the State.

The Adjutant General shall take the necessary legal proceedings in the name of the State or direct that proper legal proceedings be taken, as provided for in § 142 of this title, unless the property is properly accounted for.

20 Del. Laws, c. 392, § 35; Code 1915, § 309; 32 Del. Laws, c. 22, § 1; Code 1935, § 272; 20 Del. C. 1953, § 146; 64 Del. Laws, c. 258, § 1.;

(a) The Justice of the Peace Courts shall have jurisdiction to enforce this subchapter.

(b) The Delaware National Guard may appear in Justice of the Peace Court by and through any officer designated by the Adjutant General for the purposes of enforcing this subchapter.

64 Del. Laws, c. 258, § 1.;