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15-1-54 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Challenges; Oath |
Challenges to the court, the arraignment of the accused, the proceedings, trial, record and form of appeal, shall in all respects, except as otherwise specially… |
Proofed
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15-1-55 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Secrecy of Proceedings |
The members and judge advocate of a military court shall keep secret the proceedings and sentence of the court until the same shall have been approved by the pr… |
Proofed
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15-1-56 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Witnesses |
The president or judge advocate of any military court, both before and after being sworn, may issue subpoenas requiring the presence of witnesses and the produc… |
Proofed
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15-1-57 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Administration of Oath to Witnesses; Powers of President Over Testimony and Depositions |
The president or the judge advocate of every military court shall have power to administer the usual oath to witnesses, and the president shall have the same po… |
Proofed
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15-1-58 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Charges; Trial |
When an officer or enlisted man is put under arrest for the purpose of trial, a copy of the charges and specifications upon which he is to be tried shall be del… |
Proofed
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15-1-59 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
General Court-Martial; Offenses by Commissioned Officers; Penalties |
Commissioned officers may be tried by a general courtmartial for the following offenses:
(a) For unmilitary or unofficer-like conduct;
(b) For drunkenness o… |
Proofed
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15-1-60 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
General Court-Martial; Offenses by Enlisted Men; Penalties |
Enlisted men, in time of peace, may be tried by a general court-martial:
(a) For disobedience of orders;
(b) For disrespect to his superior;
(c) For mutin… |
Proofed
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15-1-61 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Summary Courts |
The commanding officer of a brigade, regiment, or battalion not a part of the regiment, or the commanding officers of separate companies not a part of a regimen… |
Proofed
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15-1-62 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Oath of Members; Jurisdiction |
Before entering upon their duties summary courts shall take an oath of office to the effect thatthey will well and truly try and determine, according to the evi… |
Proofed
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15-1-63 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Form of Summons |
The form of summons issued by summary courts provided by this article shall be substantially as follows, the blanks being properly filled in:
{{FIGURE type=for… |
Proofed
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15-1-64 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Service of Summons; Penalty for Failure |
The president of a summary court shall designate and direct a fit person or persons to summon all delinquents to appear before the court. Service of the summons… |
Proofed
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15-1-65 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Trial; Judgment; Duties of Sheriff; Penalty |
On the return day of the summons the president of the summary court shall hear the evidence and render judgment thereon as the case may be. If, however, on the … |
Proofed
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15-1-66 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Form of Execution; Presumption of Jurisdiction of Military Courts |
Execution for the purpose of either collecting the fine and costs or imprisoning the delinquent for failure to pay the same shall be substantially in the follow… |
Proofed
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15-1-67 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Courts of Inquiry |
Courts of inquiry to consist of from one to three officers of at least equal grade with the officer, or with the senior officer if there be more than one, in re… |
Proofed
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15-1-68 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Disorderly Conduct Before Military Court; Penalty |
Any person other than a member of the national guard who shall be and guilty of disorderly, contemptuous or insolent of behavior in, or use any insulting or ind… |
Proofed
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15-1-69 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Record and Approval of Sentence of Court-Martial |
The record of the proceedings and sentence of every court-martial shall, without delay, be delivered to the officer ordering the court, or to his successor in c… |
Proofed
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15-1-70 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Reconvening Court-Martial |
Every officer authorized to approve or disapprove the proceedings of a court-martial is authorized to reconvene court and send back its proceedings for revision… |
Proofed
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15-1-71 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Collection and Disposition of Fines |
All fines under the provisions of this article shall be levied or collected by the sheriff of the county in which such fines are imposed, or the sheriff of any … |
Proofed
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15-1-72 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Execution in Aid of Collection of Fines and Penalties |
For the purpose of collecting any fines or penalties imposed by any court-martial or summary court, the president of the court shall issue execution, or executi… |
Proofed
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15-1-73 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Failure of Sheriff to Execute Process or Return Fines |
Any sheriff failing to execute any process, or to make proper return of all fines and penalties collected, shall be guilty of a misdemeanor. |
Proofed
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15-1-74 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Violation of Regulations of Organized Associations |
For violation of by-laws, rules and regulations of associations organized pursuant to this article, enlisted men may be tried by a military court having jurisdi… |
Proofed
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15-1-75 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Fines by Organized Associations |
When a certified copy of the proceedings relating to the infliction of any fine for offenses against the by-laws, rules and regulations of any association organ… |
Proofed
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15-1-76 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Actions Against Members of Military Courts |
No action shall be maintained against any member of a military court, or officer or agent acting under its authority, on account of the imposition of a fine or … |
Proofed
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15-1-77 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Armory Board; How Constituted; Duties |
The governor, the secretary of state and the state auditor shall constitute the state armory board, whose duties it shall be to approve the selection of all arm… |
Proofed
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15-1-78 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Control of Armories; Acquisition Sites; Expenditures |
The state armory board shall have control of any arsenal, armory, or other quarters of the national guard, campground and rifle range owned by the State, and sh… |
Proofed
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15-1-79 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Control of New Armories; Rules and Regulations |
Upon the completion of any new all armory building or the purchase of any armory, building property, the control and use of such armory shall vest in the armory… |
Proofed
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15-1-80 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Municipal Aid for Armory Purposes; Issuance of Bonds |
Any city or village, or two or more cities or villages jointly, in which of an armory has heretofore been, is now, or may hereafter be, erected or authorized un… |
Proofed
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15-1-81 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Funds for Armory Purposes |
All moneys raised for the building of any armory shall be paid to the state treasurer, who shall keep separate account with each company or battery which shall … |
Proofed
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15-1-82 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Disposition of Abandoned or Unsuitable Armories |
Whenever any such military organization which has availed itself of the provisions of this article, and has received the appropriation provided herein, shall be… |
Proofed
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15-1-83 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Regulations While Military Forces on Duty |
When any portion of the military forces of this State shall be on duty, under or pursuant to the orders of the governor, or whenever any part of such forces sha… |
Proofed
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15-1-84 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Governor to Make Rules and Regulations |
The governor is hereby authorized to make such rules and regulations, from time to time, as he may deem expedient; but such rules and regulations shall conform … |
Proofed
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15-1-85 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
United States Army Regulations |
matters relating to the organization, discipline and government of the national guard, otherwise provided for in this article or in regulations, shall be decide… |
Proofed
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15-1-86 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Leave of Absence for Public Officials and Employees |
All officers and employees the State, or subdivision or municipality thereof who shall be members of the national guard shall be entitled to leave of absence fr… |
Proofed
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15-1-87 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Military Department of University |
The military department of the West Virginia university shall be the training school of the West Virginia national guard. Cadets receiving free tuition shall be… |
Proofed
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15-1-88 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
Contributing Members |
In time of peace the officers commanding companies and signal corps may enlist contributing members not to exceed one hundred and fifty. Such not members shall … |
Proofed
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15-1-89 |
Ch. 15 — PUBLIC SAFETY |
National Guard |
General Penalty |
A person convicted of a crime declared by this article to be a misdemeanor shall, unless otherwise provided, be punished by a fine of not more than five hundred… |
Proofed
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15-2-1 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Superintendent; Offices |
The department of public safety, heretofore established, shall be continued. The executive and administrative head of the department shall be a superintendent, … |
Proofed
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15-2-2 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Inspector; Traffic Supervisor; Supply and Headquarters Sergeants; Office Employees; Salaries |
The superintendent shall appoint an inspector at an annual salary of thirty-six hundred dollars and a traffic supervisor at an annual salary of three thousand d… |
Proofed
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15-2-3 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Companies or Platoons; How Constituted; Salaries and Bonds of Members |
The superintendent shall create, appoint and equip a department of public safety which shall consist of four companies or platoons. Each company or platoon shal… |
Proofed
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15-2-4 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Muster Out or Discharge of Members |
The governor may at any time when he deems it advisable muster out or discharge any company or platoon. The officers and members of such company or platoon so d… |
Proofed
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15-2-5 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Appointment and Qualifications of Members; Term; Increase in Salary |
Preference in making appointments shall be given whereve possible to honorably discharged soldiers, sailors and marines of the United States army and navy. Each… |
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15-2-6 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Withdrawal or Resignation of Members |
No member of the department of public safety may withdraw or resign from the department without the consent of the superintendent. And in the event any member s… |
Proofed
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15-2-7 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Reappointment of Members |
The superintendent shall reappoint any member of the department of public safety at the expiration of his term of service, if in the opinion of the superintende… |
Proofed
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15-2-8 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Rules and Regulations; Carrying of Weapons |
Subject to the written approval of the governor, the superintendent may make and an promulgate proper rules and regulations for the government, discipline and c… |
Proofed
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15-2-9 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Equipment and Supplies; Local Headquarters |
The superintendent shall provide the members of the department of public safety with suitable arms and weapons, and, when and where he shall deem it necessary, … |
Proofed
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15-2-10 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Territorial Jurisdiction |
The jurisdiction of the department of public safety shall extend anywhere in the State of West Virginia. |
Proofed
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15-2-11 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Powers of Members |
The superintendent and each of the officers and members of the department of public safety are hereby authorized and empowered as follows:
(a) To make arrests… |
Proofed
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15-2-12 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Limitation Upon Members |
No member of the department of public safety shall in any way interfere with the rights or property of any person except for the prevention of crime.
No membe… |
Proofed
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15-2-13 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Oath of Members |
The superintendent and each of the other members of the department of public safety, before entering upon the discharge of his duties, shall take and subscribe … |
Proofed
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15-2-14 |
Ch. 15 — PUBLIC SAFETY |
Department of Public Safety |
Disposition of Prisoners |
It shall be the duty of all officers of the State, or of an county or municipality thereof, or jailers having the charge and custody of any jail or place of det… |
Proofed
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