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5-1-17 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
When Governor May Remit Fine or Penalty |
The governor may remit in whole or in part any fine or penalty assessed or imposed by a court of record, court-martial, or other authority, only in the followin… |
Proofed
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5-1-18 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Civil Contingent Fund |
Out of the sum annually appropriated as a civil contingent fund, there may be paid all expenses incurred in the execution of any law for which there is no speci… |
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5-1-19 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Temporary Loans |
The governor may raise, from time to time, by temporary loans, not having over eighteen months to run, nor bearing a greater interest than two cents per hundred… |
Proofed
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5-1-20 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Biennial Reports to the Governor; Transmission to Legislature; Special Reports |
The subordinate officers of the executive department, and the officers of all public institutions of the State who do not report directly to the state board of … |
Proofed
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5-1-21 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Printing and Distribution of Biennial Messages; Distribution of Legislative Journals |
Of the biennial messages submitted to the legislature by the governor, and any documents which he may deem essential to accompany the same, he shall cause a suf… |
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5-1-22 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Appointment of Janitor for Capitol; Assistants |
The governor shall appoint a janitor, whose duty it shall be to properly guard and take care of the capitol building and grounds, together with all the apartmen… |
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5-2-1 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Secretary of State |
General Duties |
The secretary of state shall be the keeper of the seals of the State, keep a journal of executive proceedings, arrange and preserve all records and papers belon… |
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5-2-2 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Secretary of State |
Authority to Administer Oaths |
Where any oath may lawfully be taken within the State, it may be administered by the secretary of state, unless otherwise provided by law. |
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5-3-1 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Attorney General |
Written Opinions and Advice |
The attorney general shall give his written opinion and advice upon questions of law, whenever required to do so, in writing, by the governor, the secretary of … |
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5-3-2 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Attorney General |
To Act as Counsel for State |
He shall appear as counsel for the State in all causes pending in the supreme court of appeals, or in any federal court, in which the State is interested ; he s… |
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5-3-3 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Attorney General |
Assistants |
The attorney general may appoint three assistants to serve at his pleasure and to perform such duties as he may require of them. They shall each receive a salar… |
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5-3-4 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Attorney General |
Report to Governor |
The attorney general shall annually, on or before the first day of November, deliver to the governor a report of the state and condition of the several causes, … |
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5-3-5 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Attorney General |
Fees to be Paid Into State Treasury |
On the final determination of any cause in any of the courts mentioned in the second section of this article, in which the attorney general appeared for the Sta… |
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5-4-1 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Board of Public Works |
How Constituted; Duties |
The governor, secretary of state, auditor, superintendent of free schools, treasurer, attorney general, and commissioner of agriculture shall be and constitute … |
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5-4-2 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
Board of Public Works |
Secretary; Records |
The secretary of state shall act as secretary of the board, and shall keep a record of the official acts thereof, and shall discharge such other duties as may b… |
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6-1-1 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Oaths of Office |
Members of Congress |
Every person elected or appointed a member of the United States senate or of the house of representatives in the congress of the United States shall take the oa… |
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6-1-2 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Oaths of Office |
Members of the State Legislature |
Every person elected or appointed a member of the senate, or a member of the house of delegates, in the legislature of this State, shall, before entering upon t… |
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6-1-3 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Oaths of Office |
Other Officers |
Except as provided in sections one and two of this article, every person elected or appointed to any office in this State, before proceeding to exercise the aut… |
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6-1-4 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Oaths of Office |
Before Whom Taken |
Any oath of office may be taken in this State before any court of record or before any person having at the time authority to administer oaths. Any person resid… |
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6-1-5 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Oaths of Office |
When Taken |
The oaths required by section three of this article shall be taken after taken the person shall have been elected or appointed to the office, and before the dat… |
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6-1-6 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Oaths of Office |
Where Certificates of Oaths Filed |
Certificates of the oaths of all magisterial district and county officers, and judges of courts of limited jurisdiction within any county, shall be filed, recor… |
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6-1-7 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Oaths of Office |
Acting Before Taking Oath |
No person elected or appointed to any office, civil or military, shall enter into the office, exercise any of the authority or discharge any of the duties perta… |
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6-1-8 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Oaths of Office |
List of County Officers to be Furnished Secretary of State |
The clerk of the county court of each county, within thirty days after the qualification of officers chosen at each general election in his county, shall transm… |
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6-2-1 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
When to be Given |
Any person appointed or elected to any office or position in this State who is required by any statute to enter into or give bond, unless otherwise provided, sh… |
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6-2-2 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
How Payable and Proved; Sureties |
Every official bond, and every bond required by law to be taken or approved by, or given before, any court, board or officer, shall, unless otherwise provided, … |
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6-2-3 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Condition; Liability |
Unless otherwise specially provided, every bond required by any statute of this State of any person undertaking an office or employment shall be conditioned upo… |
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6-2-4 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Failure to Give Bond; Penalty for Acting Without Giving Bond |
If any person elected or appointed to any office, or position, of whom an official bond is required, shall fail to give the bond within the time prescribed by l… |
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6-2-5 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Of Officers Appointed to Fill Vacancies |
The bond of any officer appointed to fill a vacancy until the ensuing general election, or for the unexpired term, shall be in the same penalty and contain like… |
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6-2-6 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Of State Officers |
The following officers shall give bonds to be approved by the governor, in the penalties hereinafter named: Secretary of state, twenty-five thousand dollars; au… |
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6-2-7 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Approval of Form and Execution |
Every bond requiring the approval of the governor, the board of public works, the state board of control, or any other state officer, board or commission, shall… |
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6-2-8 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Of the Clerk of Supreme Court of Appeals |
The clerk of the supreme court of appeals shall give bond, to be approved by said court, in a penalty of not less than three thousand nor more than ten thousand… |
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6-2-9 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Where Bonds of State Officers Filed |
The bond of the clerk of the supreme court of appeals, and the bond of any state officer or employee that is required to be approved by the governor, the board … |
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6-2-10 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Of County Officers |
Every commissioner of a county court and every clerk of a circuit court shall give bond with good security, to be approved by the circuit court, or the judge th… |
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6-2-11 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Of Municipal Officers |
Every officer or employee of a municipality who handles public funds or property, and every other officer or employee of a municipality of whom it shall be requ… |
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6-2-12 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Where Certain Bonds Filed and Recorded; How Payable |
Every official bond given before, or approved by, the county court or the clerk thereof, and every bond executed in any proceeding before said court, including … |
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6-2-13 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Copies to be Sent to Auditor |
A copy of the official bond of every sheriff, assessor, clerk of the circuit court, clerk of the county court, or other tribunal established in lieu thereof, cl… |
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6-2-14 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
New or Additional Bonds |
Any court, board, or officer authorized to approve any official bond may at any time require from any officer by whom any such bond may have been given, a new b… |
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6-2-15 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
How Surety Released From Liability |
When a surety in an official bond, or his personal representative, shall have reason to believe that he or the estate of his decedent is likely to suffer pecuni… |
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6-2-16 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Effect of New or Additional Bond |
Where it is provided by any section of this article, or any other section of this Code, or shall be provided by any subsequent statute, that any new bond, or bo… |
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6-2-17 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Suits on, in Name of State |
Upon any bond payable to the State of West Virginia, whether heretofore or hereafter taken, suits may be prosecuted from time to time in the name of the State, … |
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6-2-18 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Proceedings Must Show for Whose Benefit Prosecuted; Costs |
The proceedings in such suit must show for whose benefit it is prosecuted; and the party for whose benefit it is prosecuted shall be liable for costs if the jud… |
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6-2-19 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
When May be Required of Other Officers and Employees |
Any board, commission or officer who has authority by law to appoint to office, or to employ any person in behalf of the State, or to place any person in charge… |
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6-2-20 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Premiums to be Allowed on Official Bonds |
Every officer or employee who is paid a salary, and who is required to give an official bond by virtue of the provisions of this article, and who furnishes a su… |
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6-2-21 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Official and Other Bonds |
Bonds Taken for Persons in Custody |
No officer, by color of his office, shall take any obligation, otherwise than is directed by law, of or for any person in his custody. If he does the same shall… |
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6-3-1 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Deputy Officers |
Appointment of Deputies |
The clerk of the supreme court of appeals, or of any circuit, criminal, common pleas, intermediate or county court, or of any tribunal established by law in lie… |
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6-3-2 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Deputy Officers |
Removal of Deputy |
Any deputy appointed pursuant to section one of this article, may, at any time, be removed from office by his principal, or by the court, or other tribunal in l… |
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6-3-3 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Deputy Officers |
On Death of Principal Deputy to Act |
If any officer, having appointed a deputy or deputies, shall die during his term of office, his deputy or deputies in office at the time of his death shall cont… |
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6-3-4 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Deputy Officers |
Judgment Against Officer on Motion |
If any officer or his deputy shall make such return upon any order, warrant, or process issued by a court, or the judge or clerk thereof, as entitles any person… |
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6-3-5 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Deputy Officers |
Motion by Officer Against Deputy |
Where any deputy of a sheriff or collector shall commit any default or misconduct in office for which his principal, or the personal representative of such prin… |
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6-3-6 |
Ch. 6 — GENERAL PROVISIONS RESPECTING OFFICERS |
Deputy Officers |
Payment of Judgment; Remedies |
When any judgment or decree shall be obtained against a sheriff or collector, or his sureties, or their personal representatives, for or on account of the defau… |
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