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15-1-4 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Federal Laws and Regulations |
The duty of maintaining and governing the national guard not in the service of the United States rests upon the State, subject to the constitutional authority o… |
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15-1-5 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
How National Guard Constituted and Organized |
The national guard of West Virginia shall consist of the commissioned officers, enlisted men, staff, corps and departments of West Virginia regularly organized … |
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15-1-6 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Composition of Staff, Corps and Departments |
The number and grades of officers and enlisted men in the staff, corps and departments shall be as prescribed by federal law and regulations thereunder issued b… |
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15-1-7 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Governor’s Staff; Adjutant General |
The staff of the governor shall consist of one adjutant general with rank of brigadier general; and, in addition thereto, six aides with rank not above that of … |
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15-1-8 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Brigade Commander; Appointment or Election |
A vacancy in the office of brigade commander may be filled by the governor by appointment, or he may issue an order for an election to fill the vacancy. In case… |
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15-1-9 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Promotion of Officers |
Promotion to and in the grade of field officer shall be made according to seniority in the line officers assigned to each regiment or separate battalion; to the… |
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15-1-10 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Elections |
Elections provided for in this article shall be held under such regulations as to notice and manner of conducting such elections as may be prescribed by general… |
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15-1-11 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Oath of Commissioned Officers |
Every officer duly commissioned shall, within ten days after his commission is tendered to him, or within ten days after he shall be personally notified that th… |
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15-1-12 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Surplus Officers |
Commissioned officers who shall be rendered surplus by reduction, consolidation, or disbandment of organizations, or in any manner provided by law, shall be wit… |
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15-1-13 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Resignation of Officers; Removal |
No resignation shall be accepted unless the officer tendering the same furnish to the adjutant general a certificate from each property accounting officer that … |
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15-1-14 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Reserve List; Dismissal of Officers |
Any commissioned officer who shall have served for a continuous period of ten years may, upon his own request, be placed upon the reserve list and withdrawn fro… |
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15-1-15 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Noncommissioned Officers; Appointment |
All noncommissioned officers of the staff, corps, departments and other organizations of the national guard shall be appointed by the appointing authority presc… |
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15-1-16 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Reduction of Noncommissioned Officers |
The officer warranting noncommissioned officers shall have power to reduce, or reduce to the ranks, on the application of the immediate commanding officer of th… |
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15-1-17 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Enlistments |
Able-bodied men of good character who conform in all respects to the qualifications prescribed by federal law and regulations now in force, or that may hereafte… |
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15-1-18 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Enlistment Paper |
Every person recruited for the national guard shall sign an enlistment paper, which shall be forwarded to the adjutant general, of such form as may be prescribe… |
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15-1-19 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Discharge of Enlisted Men |
Whenever any enlisted man of the national guard shall have performed service therein for the term of his enlistment or reenlistment, and has turned in to the pr… |
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15-1-20 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Dishonorable Discharge |
A dishonorable discharge from service in the national guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges … |
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15-1-21 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Unlawful Military Organizations; Penalty |
It shall not be lawful for any body of men whatever, other than the regularly organized national guard or the troops of the United States, to associate themselv… |
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15-1-22 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Associations |
The field, staff and company officers of any regiment, or battalion not a part of a regiment, and members of any battery, company or corps, may organize themsel… |
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15-1-23 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Uniforms, Arms, Equipment and Supplies |
The uniforms, arms, equipment and military supplies necessary for the proper performance of the duties required by this article shall be similar to those prescr… |
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15-1-24 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Military Property |
All officers shall responsible for the safe keeping and return of all military property committed to their charge, but no such property shall be issued until su… |
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15-1-25 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Offenses Concerning Property; Penalty |
Whoever shall secrete, sell or dispose of, or offer for sale, or purchase, knowing the same to be such, retain after proper demand is made, or in any manner paw… |
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15-1-26 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Unlawful Wearing of Uniforms; Penalty |
Any person who shall wear any uniform or any device, strap, knot, or insignia of any design or character, used as a designation of grade, rank or office, such a… |
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15-1-27 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Annual Inspection and Muster |
An annual inspection and muster of each organization of the national guard shall be made by an inspector at such time and place as the governor shall order and … |
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15-1-28 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Drills; Target Practice |
Brigade, regiment, battalion and company commanders may in their discretion order drills of such portion of their command as may be deemed necessary; and may in… |
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15-1-29 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Camp or Maneuver Duty |
The governor, except as provided in section forty-nine, shall cause the national guard to perform at least five consecutive days of camp or maneuver duty in eac… |
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15-1-30 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Warning for Duty; Exemption From Arrest |
Officers and enlisted men shall be warned for duty in the manner prescribed by the governor in orders or regulations. No person belonging to the military forces… |
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15-1-31 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Absence from Drill, Parade or Other Duty; Penalty |
Commanding officers of companies, batteries, corps or similar organizations of the national guard, upon receiving information as to the whereabouts of any offic… |
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15-1-32 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Calling Out National Guard by Governor |
In event of war, insurrection, rebellion, invasion, tumult, riot, mob or body of men acting together by force with intent to commit a felony or to offer violenc… |
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15-1-33 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Calling on Governor or Commander for Aid; Summons |
In case of any breach of the peace, tumult, riot, unlawful assemblage, or resistance of law, or imminent danger thereof, which cannot be speedily suppressed or … |
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15-1-34 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
When Order by Civil Officer to be in Writing; Compliance with Written Orders |
Any officer whose command is called out under, the provisions of this article, and reporting to any civil officer, may require such civil officer to make such o… |
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15-1-35 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Command to Assembly or Mob to Disperse |
Before using any military force in the at dispersion of any riot, rout, tumult, mob or unlawful assembly, or combination mentioned in this article, it shall be … |
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15-1-36 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Penalty for Failure to Disperse |
Any person or persons composing or taking part in any riot, rout, tumult, mob or lawless combination or assembly mentioned in this article, who, after being dul… |
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15-1-37 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Power of Officers |
After any person or persons composing or taking part, or about to take part, in any riot, mob, rout, tumult, or unlawful combination or assembly mentioned in th… |
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15-1-38 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Assaults on National Guard or Persons Aiding Them; Penalty |
It shall be unlawful for any person to assault, fire upon, or throw any missile at, against or upon any member or body of the national guard, or civil officer o… |
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15-1-39 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Repelling Assault |
If any portion of the national guard, or any person lawfully aiding them in the performance of any duty, under the provisions of this article, is assaulted, att… |
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15-1-40 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Failure to Retire from Unlawful Assembly; Penalty |
Whenever any shot is fired or missile thrown at, against or upon any body of national guard, or upon any officer or member thereof, assembling or assembled for … |
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15-1-41 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
National Guard to Have Right of Way |
Any portion of the national guard parading or performing any duty according to law shall have the right of way in any street or highway through which they may p… |
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15-1-42 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Regulation of Occupancy of Streets for Passage of National Guard |
Whenever any rout, riot, or mob has occurred or is progressing, or is so imminent that any portion of the national guard is or has been called out for the perfo… |
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15-1-43 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Transportation of Officers and Men |
The several railroads and other transportation companies in this State shall furnish transportation for all officers and enlisted men in the national guard, tog… |
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15-1-44 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Suits Against Officers or Persons Acting Under Military Authority; Security for Costs |
When a suit or proceeding shall be commenced in any court by any person, against any military officer of the State, for any act done by such officer in his offi… |
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15-1-45 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Change of Venue of Prosecutions or Suits Against Members of National Guard |
Any civil or military officer or member of the national guard, or any person lawfully aiding them in the performance of any duty required under the provisions o… |
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15-1-46 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Pay and Allowances |
The pay for officers and enlisted men of the West Virginia national guard for service at camps of instruction, rifle practice, practice marches and maneuvers,or… |
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15-1-47 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Command Pay; Inspections; Compensation for Clerical Services and Care of Property |
There shall be paid to each regimental commander one hundred dollars per month, and to each battalion commander fifty dollars per month, payable quarterly, to b… |
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15-1-48 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Injury While in Service |
A member of the national guard who shall, when on duty or assembled therefor, in case of riot, tumult, breach of the peace, insurrection, or invasion, or whenev… |
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15-1-49 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Military Fund |
The sums of money which may be appropriated by the legislature for carrying into effect the provisions of this article, and the fines and penalties required the… |
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15-1-50 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Military Expenses; Competitive Bids for Work or Materials |
All payments made under the provisions of this article, except for active service, shall be paid out of the military fund, and all expenses incurred in active s… |
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15-1-51 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Military Courts |
The military courts of this State shall be: (a) General courts-martial; (b) special courts-martial; (c) summary courts-martial; (d) courts of inquiry. |
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15-1-52 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Appointment and Composition of Military Courts |
(a) General courts-martial may be appointed by the governor and shall consist of not less than five nor more than nine officers, and at all times a majority of … |
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15-1-53 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
President; Presiding Officer in Absence of; Sessions; Adjournments; Vacancies; Judge Advocate |
The president of every military court shall be the member of the court highest in grade and rank. Whenever any military court consists of one person, he shall b… |
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