39-1-28 - Loss of property -- Liability. - Utah Statutes

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Statutes > Utah > Title-39 > Chapter-01 > 39-1-28

39-1-28. Loss of property -- Liability.
Whenever it shall have been finally determined in the manner provided by law orregulation by action of the departments of the army or the air force, that the loss, damage ordestruction of federal property for which any officer shall be responsible or accountable shallhave been occasioned by or through the failure of any officer to perform the duties required ofhim by law or regulation; or when it shall have been finally determined, in the case of stateproperty, by the adjutant general that any state property for which any officer shall be accountableor responsible shall have been lost, damaged or destroyed by or through the failure of any officerto perform the duties required of him by law or regulation, such determination by the departmentsof the army or the air force or adjutant general, as the case may be, shall be prima facie evidenceagainst such officer and his sureties of such failure, and the record of such determination,properly authenticated under the seal of the adjutant general, shall be admissible in evidence forthe purpose of establishing such failure and such determination in any action against any officerand/or his sureties.

Amended by Chapter 61, 1963 General Session

State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-01 > 39-1-28

39-1-28. Loss of property -- Liability.
Whenever it shall have been finally determined in the manner provided by law orregulation by action of the departments of the army or the air force, that the loss, damage ordestruction of federal property for which any officer shall be responsible or accountable shallhave been occasioned by or through the failure of any officer to perform the duties required ofhim by law or regulation; or when it shall have been finally determined, in the case of stateproperty, by the adjutant general that any state property for which any officer shall be accountableor responsible shall have been lost, damaged or destroyed by or through the failure of any officerto perform the duties required of him by law or regulation, such determination by the departmentsof the army or the air force or adjutant general, as the case may be, shall be prima facie evidenceagainst such officer and his sureties of such failure, and the record of such determination,properly authenticated under the seal of the adjutant general, shall be admissible in evidence forthe purpose of establishing such failure and such determination in any action against any officerand/or his sureties.

Amended by Chapter 61, 1963 General Session

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State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-01 > 39-1-28

39-1-28. Loss of property -- Liability.
Whenever it shall have been finally determined in the manner provided by law orregulation by action of the departments of the army or the air force, that the loss, damage ordestruction of federal property for which any officer shall be responsible or accountable shallhave been occasioned by or through the failure of any officer to perform the duties required ofhim by law or regulation; or when it shall have been finally determined, in the case of stateproperty, by the adjutant general that any state property for which any officer shall be accountableor responsible shall have been lost, damaged or destroyed by or through the failure of any officerto perform the duties required of him by law or regulation, such determination by the departmentsof the army or the air force or adjutant general, as the case may be, shall be prima facie evidenceagainst such officer and his sureties of such failure, and the record of such determination,properly authenticated under the seal of the adjutant general, shall be admissible in evidence forthe purpose of establishing such failure and such determination in any action against any officerand/or his sureties.

Amended by Chapter 61, 1963 General Session