Code of West Virginia, 1931

Code	Chapter	Article	Section Heading	Section Text Preview	Status
52-1-16	Ch. 52 — JURIES	Petit Juries	Penalty for Failure of Jurors to Attend	If any person duly summoned to attend as a juror in any court shall neglect to attend, without any sufficient excuse, he shall pay a fine not exceeding fifty do…	Proofed
52-1-17	Ch. 52 — JURIES	Petit Juries	Discharge of Jurors; Excuse From Attendance	Any court, when not incompatible with the proper dispatch of its business, shall have power to discharge persons summoned as jurors therein, or dispense with th…	Proofed
52-1-18	Ch. 52 — JURIES	Petit Juries	Competency of Jurors When Municipality, County or District a Party or Interested	In any suit or proceeding in which a county, district, school district, or municipal corporation, is interested, or is a party, no person shall be incompetent a…	Proofed
52-1-19	Ch. 52 — JURIES	Petit Juries	Penalty for Failure to Draw or Summon Jurors	When, by neglect of any of the duties required in this article to be performed by any of the officers or persons herein mentioned, the jurors to be returned sha…	Proofed
52-1-20	Ch. 52 — JURIES	Petit Juries	When and How Jurors to be Summoned From Other County	In any criminal case in any court, if in the opinion of the court, or the judge thereof in vacation, qualified jurors, not exempt from serving, cannot be conven…	Proofed
52-1-21	Ch. 52 — JURIES	Petit Juries	Compensation of Jurors ; Taxation of Jury Fees as Costs; Disposition Thereof	Any person summoned as aforesaid, by virtue of a venire facias or otherwise, to serve as a petit juror, and actually attending upon the court, or attending at t…	Proofed
52-1-22	Ch. 52 — JURIES	Petit Juries	When Juror Not Entitled to Compensation	No juror who shall depart without leave of the court, or who, being summoned as a witness for the State, shall charge for his attendance as such, shall be entit…	Proofed
52-1-23	Ch. 52 — JURIES	Petit Juries	Record of Allowance to Jurors; Certification to Auditor; Failure of Clerk to Comply With Provisions	The clerk of any court upon which juries are in attendance shall, before the final adjournment of each term, and under the direction of the court, make an entry…	Proofed
52-1-24	Ch. 52 — JURIES	Petit Juries	Payment of Compensation	It shall be the duty of such clerk, as soon as practicable after the adjournment of the court, to deliver to each juror a certified copy of any order under the …	Proofed
52-1-25	Ch. 52 — JURIES	Petit Juries	Fraud in Selection of Jurors	If any person shall be guilty of any fraud, by tampering with the jury box prior to drawing jurors, or in drawing a juror, or in returning into the jury box the…	Proofed
52-2-1	Ch. 52 — JURIES	Grand Juries	At What Terms Grand Jury Shall Attend; When Court or Judge May Dispense With it	There shall be a grand jury at each term of a circuit court, except that the circuit court of any county by an order entered of record, or the judge thereof in …	Proofed
52-2-2	Ch. 52 — JURIES	Grand Juries	Preparation of Jury List; Qualifications of Jurors; Ballots; Custody of List and Ballots	The jury commissioners appointed under the provisions of section three of article one of this chapter shall select and draw persons for grand juries. Such commi…	Proofed
52-2-3	Ch. 52 — JURIES	Grand Juries	Summoning Jury Commissioners; Selection and Summoning of Jurors	The clerk of any court requiring a grand jury shall, at least thirty days before the term of court, summon the jury commissioners to attend at his office at a d…	Proofed
52-2-4	Ch. 52 — JURIES	Grand Juries	Quorum; Additional Jurors	Any fifteen or more of the grand jurors attending shall be a competent grand jury. If a sufficient number of qualified jurors do not attend, the court shall app…	Proofed
52-2-5	Ch. 52 — JURIES	Grand Juries	Oath	From among the persons so summoned, who attend, the court shall select a fore man, who shall be sworn as follows: “You shall diligently inquire and true present…	Proofed
52-2-6	Ch. 52 — JURIES	Grand Juries	Charge	The grand jurors, after being sworn, shall be charged by the judge, and shall then be sent to their room.	Proofed
52-2-7	Ch. 52 — JURIES	Grand Juries	Duties; Preservation of Evidence	The grand jury shall inquire of and present all felonies, misdemeanors and violations of penal laws, committed in the jurisdiction of the court wherein they are…	Proofed
52-2-8	Ch. 52 — JURIES	Grand Juries	Finding	At least twelve of the grand jurors must concur in finding or making an indictment or presentment. They may make a presentment or find an indictment upon the in…	Proofed
52-2-9	Ch. 52 — JURIES	Grand Juries	Second Hearing	Although a bill of indictment be returned not a true bill, another bill of indictment against the same person for the same offense may be sent to and acted on b…	Proofed
52-2-10	Ch. 52 — JURIES	Grand Juries	Substituting New Juror to Fill Vacancy; Summoning Additional Juror	If the foreman or any grand juror be unable or fail to attend after being sworn, another may be sworn in his stead. And when one grand juror has been discharged…	Proofed
52-2-11	Ch. 52 — JURIES	Grand Juries	Penalty for Failure to Summon Juror and for Failure of Juror to Attend	A court whose officer shall fail, when it is his duty, to summon a grand jury and return a list of their names, shall fine him twenty dollars. A person summoned…	Proofed
52-2-12	Ch. 52 — JURIES	Grand Juries	Incompetency or Disqualification of Juror Not to Affect Validity of Finding	No presentment or indictment shall be quashed or abated on account of the incompetency or disqualification of any one or more of the grand jurors who found the …	Proofed
52-2-13	Ch. 52 — JURIES	Grand Juries	Compensation and Mileage of Grand Jurors	Every person who shall serve upon a grand jury shall be entitled to receive for such services not less than two dollars nor more than three dollars and fifty ce…	Proofed
53-1-1	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	When Writ of Prohibition Proper	The writ of prohibition shall lie as a matter of right in all cases of usurpation and abuse of power, when the inferior court has not jurisdiction of the subjec…	Proofed
53-1-2	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	Jurisdiction and Venue	Jurisdiction of writs of mandamus and prohibition (except such as may be issued from the supreme court of appeals) shall be in the circuit court of the county i…	Proofed
53-1-3	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	Application for Mandamus or Prohibition	Application for a writ of mandamus or a writ of prohibition shall be on petition verified by oath, after the party against whom the writ is prayed has been serv…	Proofed
53-1-4	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	What Petition to State; Where Presented	The petition shall state plainly and concisely the grounds of the application, concluding with a prayer for the writ, and shall be presented to the court having…	Proofed
53-1-5	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	When Writ Awarded	When the application is made, on proof of notice and service of the copy of the petition as aforesaid, if the defendant fail to appear, or appearing fail to mak…	Proofed
53-1-6	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	Method of Defense; Amendment of Petition	If the defendant appear and make defense, such defense may be by demurrer, or answer on oath, to the petition, or both, such answer to be subject to demurrer b…	Proofed
53-1-7	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	Adjournment	When the case is before the judge of a circuit court in vacation, he may adjourn it from day to day, or from time to time, until finally disposed of.	Proofed
53-1-8	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	Judgment to be Based on Law and Facts; Damages; Costs	The writ peremptory shall be awarded or denied according to the law and facts of the case, and with or without costs, as the court or judge may determine. Upon …	Proofed
53-1-9	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	Suspension of Proceedings Where Prohibition Applied for	On petition for a writ of prohibition, the circuit court, or judge in vacation, or the supreme court of appeals, or a judge thereof in vacation, may, at any tim…	Proofed
53-1-10	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	How Proceedings in Vacation Certified and Entered	When the proceedings on the petition are had before the judge of the circuit court in vacation, he shall certify the same, and any judgment or order made by him…	Proofed
53-1-11	Ch. 53 — EXTRAORDINARY REMEDIES	Prohibition and Mandamus	Service of Writ; How Obedience Enforced	Service of a copy of the order awarding the writ shall be equivalent to service of the writ, and obedience to the writ or order may be enforced by process of co…	Proofed
53-2-1	Ch. 53 — EXTRAORDINARY REMEDIES	Quo Warranto	Grounds for Quo Warranto	A writ of quo warranto may be awarded and prosecuted in the name of the State of West Virginia, at the instance of the attorney general, or prosecuting attorney…	Proofed
53-2-2	Ch. 53 — EXTRAORDINARY REMEDIES	Quo Warranto	Petition; Venue	Whenever the attorney general or prosecuting attorney of any county is satisfied that a cause exists therefor he may, at his own instance, or at the relation of…	Proofed
53-2-3	Ch. 53 — EXTRAORDINARY REMEDIES	Quo Warranto	Issuing of Writ; Bond for Costs and Expenses	If, in the opinion of the court, or the judge thereof in vacation, the reasons so stated in the petition are sufficient in law, the court, or judge thereof in v…	Proofed
53-2-4	Ch. 53 — EXTRAORDINARY REMEDIES	Quo Warranto	Information in the Nature of Quo Warranto	In any case in which a writ of quo warranto would lie, the attorney general or prosecuting attorney of any county, at his own instance or at the relation of any…	Proofed
53-2-5	Ch. 53 — EXTRAORDINARY REMEDIES	Quo Warranto	Service of Writ or Summons	Every such writ or summons shall be served as provided in article two, chapter fifty-six of this Code, and if it be against a corporation, it shall be served on…	Proofed
53-2-6	Ch. 53 — EXTRAORDINARY REMEDIES	Quo Warranto	Proceedings After Service of Writ or Summons; Rehearing	If the defendant named in such writ or information fail to appear after the service thereof as aforesaid, the court may hear proof of the allegations of the pet…	Proofed
53-2-7	Ch. 53 — EXTRAORDINARY REMEDIES	Quo Warranto	Verdict and Judgment	If upon the trial of such writ or information the defendant be found guilty, or not guilty, of any of the charges therein, the verdict shall be “guilty,” or “no…	Proofed
53-2-8	Ch. 53 — EXTRAORDINARY REMEDIES	Quo Warranto	Receivership for Property of Dissolved Corporation	If, by the judgment of the court rendered as aforesaid, a corporation, or pretended corporation, be dissolved, the court may appoint a receiver of the property …	Proofed
53-3-1	Ch. 53 — EXTRAORDINARY REMEDIES	Certiorari	Venue	Jurisdiction of writs of certiorari (except such as may be issued from the supreme court of appeals, or a judge thereof in vacation) shall be in the circuit cou…	Proofed
53-3-2	Ch. 53 — EXTRAORDINARY REMEDIES	Certiorari	When Certiorari Lies	In every case, matter or proceeding, in which a certiorari might be issued as the law heretofore has been, and in every case, matter or proceeding before a coun…	Proofed
53-3-3	Ch. 53 — EXTRAORDINARY REMEDIES	Certiorari	Contents of the Record Brought up; Proceedings and Disposition of Case on Review	In every case, matter or proceeding before a county court, council, justice or inferior tribunal, in which a writ of certiorari would lie according to the provi…	Proofed
53-3-4	Ch. 53 — EXTRAORDINARY REMEDIES	Certiorari	Certiorari in Vacation; Habeas Corpus in Aid Thereof	Such writs may be awarded by the judge of such circuit court in vacation; and, in case of an order abridging the freedom of a person, may be returned and heard …	Proofed
53-3-5	Ch. 53 — EXTRAORDINARY REMEDIES	Certiorari	Stay of Proceedings in Certiorari; Bond	A writ of certiorari shall not operate to suspend the judgment or order removed thereby, or proceedings on such judgment or order, except in a criminal case, un…	Proofed
53-3-6	Ch. 53 — EXTRAORDINARY REMEDIES	Certiorari	Effect of Such Bond	When such bond as is mentioned in the next preceding section is filed, the writ of certiorari shall operate to stay all proceedings upon the judgment or order r…	Proofed
53-4-1	Ch. 53 — EXTRAORDINARY REMEDIES	Habeas Corpus	Jurisdiction	The writ of habeas corpus ad subjiciendum shall be granted forthwith by the supreme court of appeals, or any circuit court, or any other court given power by an…	Proofed
53-4-2	Ch. 53 — EXTRAORDINARY REMEDIES	Habeas Corpus	Direction and Return of Writ	The writ shall be directed to the person in whose custody the petitioner is detained and made returnable as soon as may be. If the writ be ordered by any court …	Proofed