Replacement of lost or damaged property (§ 44-111)—Virginia Decoded

Replacement of lost or damaged property

Whenever any military property issued to the militia of the Commonwealth shall have been lost, damaged, or destroyed, and upon report of a disinterested survey officer of the armed forces or militia it shall appear that the loss, damage or destruction of property was due to carelessness or neglect, or that its loss, damage or destruction could have been avoided by the exercise of reasonable care, the money value of such property shall be charged against the bond of the officer or enlisted person, if bonded. If such officer or enlisted person is not bonded, the value of such property shall be charged to such officer or enlisted person, and the pay of such officer or enlisted person from both federal and state funds at any time accruing may be stopped and applied to the payment of any such indebtedness until the same is discharged. In addition thereto, any officer accountable or responsible for military property shall be liable on his bond to the Commonwealth and the United States Property and Fiscal Officer as accounting, accountable and responsible officer for any lost, damaged, or destroyed property for which he is accountable or responsible.

History

1930, p. 969; Michie Code 1942, § 2673(96); 1958, c. 393.

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Court Decisions

. . . Christopher Jordan, by His Parents and Next Friends, Philip . . . (Court of Appeals for the Fourth Circuit, 01/31/94)
. . . County of Riverside v. McLaughlin, 500 U.S. 44, ----, 111 S.Ct. 1661, 1668, 114 L.Ed.2d 49 (1991) . . .

. . . Charles Richard Riley v. James M. Dorton, South Carolina . . . (Court of Appeals for the Fourth Circuit, 06/16/97)
. . . magistrate, County of Riverside v. McLaughlin, 500 U.S. 44, 111 S.Ct. 1661, 114 L.Ed.2d 49 (1991); . . .

. . . In Re Stansbury Poplar Place, Incorporated in Re Stansbury . . . (Court of Appeals for the Fourth Circuit, 12/27/93)
. . . power." Langenkamp v. Culp, 498 U.S. 42, 44, 111 S.Ct. 330, 331, 112 L.Ed.2d 343 (1990) . . .

. . . United States v. James Howard Van Metre, United States of . . . (Court of Appeals for the Fourth Circuit, 07/10/98)
. . . unconstitutional. In Riverside v. McLaughlin, 500 U.S. 44, 111 S.Ct. 1661, 114 L.Ed.2d 49 (1991), . . .

Valley Historic Limited Partnership v. The Bank of New York (Court of Appeals for the Fourth Circuit, 05/17/07)
. . . power." Langenkamp v. Culp, 498 U.S. 42, 44, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990) (quoting . . .

. . . Theresa L. Sheppard v. Riverview Nursing Center, . . . (Court of Appeals for the Fourth Circuit, 06/27/96)
. . . Empl.Prac.Cas. (BNA) 218,68 Empl. Prac. Dec. P 44,111, 65 USLW 2019 . . .

. . . Tony Albert MacKall v. Ronald J. Angelone, Director, . . . (Court of Appeals for the Fourth Circuit, 02/06/98)
. . . prejudice or a miscarriage of justice. See id. at 740-44, 111 S.Ct. at 2559-61. Coleman argued . . .

. . . American Reliable Insurance Company American Bankers . . . (Court of Appeals for the Fourth Circuit, 07/16/03)
. . . , see Chambers v. NASCO, Inc., 501 U.S. 32, 43-44, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991), we decline . . .

In Re Computer Dynamics, Inc. (District Court, E.D. Virginia, 10/13/00)
. . . also Chambers v. NASCO, Inc., 501 U.S. 32, 43-44, 111 S.Ct. 2123, 115 *699 L.Ed.2d 27, reh'g . . .

. . . David Lee Fisher v. Ronald J. Angelone, Director, Virginia . . . (Court of Appeals for the Fourth Circuit, 12/09/98)
. . . resolution of the claim. See Coleman, 501 U.S. at 740-44, 111 S.Ct. 2546 (looking at the record as . . .

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