Massachusetts General Laws ch. 33A sec. 139 – Redress of injuries to property
Article 139. Redress of injuries to property.
Terms Used In Massachusetts General Laws ch. 33A sec. 139
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
(a) Whenever complaint is made to a commanding officer that willful damage has been done to the property of a person or that the person’s property has been wrongfully taken by members of the state military forces, the commanding officer may, under such regulations prescribed, convene a board to investigate the complaint. The board shall consist of from 1 to 3 commissioned officers and, for the purposes of that investigation, may summon witnesses and examine them upon oath, receive depositions or other documentary evidence and assess the damages sustained against the responsible parties. The assessment of damages made by the board shall be subject to the approval of the commanding officer and the amount approved by that officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized shall be conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved.
(b) If the offenders cannot be ascertained but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.