Section 33-10-17 - Failure of enlisted men to report for duty--Arrest by sheriff--Fees of sheriff. - South-dakota Statutes

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33-10-17. Failure of enlisted men to report for duty--Arrest by sheriff--Fees of sheriff. If the Governor, as commander in chief, issues an order to the national guard, or any portion thereof, or the commanding officer of an organization issues any order, to perform any military duty which may be required under the law and regulations, and any enlisted service member fails to report for duty, a sheriff or any law enforcement officer shall, upon written request of the commanding officer of such company or troop, when furnished with a copy of the order of the Governor or the commanding officer of the organization, arrest the enlisted service member and deliver that enlisted service member in person to the commanding officer wherever the commanding officer may direct. The sheriff or any law enforcement officer shall be allowed the same fees and mileage for such service as are now allowed by law in criminal cases. The fees and mileage shall in the first instance be paid by the state if the service member's duties are in the service of the state, otherwise the fees and mileage shall be paid as the United States so provides. The fees and mileage may be recovered from the service member in accordance with the rules and regulations of the United States armed forces. The secretary of the Department of Military and Veterans Affairs may promulgate rules, pursuant to chapter 1-26, to provide for the recovery of fines and mileage from a service member who fails to report for military duty as ordered.

Source: SL 1917, ch 297, § 54; RC 1919, § 10614; SDC 1939, § 41.0163; SL 1992, ch 235, § 1.

State Codes and Statutes

Statutes > South-dakota > Title-33 > Chapter-10 > Statute-33-10-17

33-10-17. Failure of enlisted men to report for duty--Arrest by sheriff--Fees of sheriff. If the Governor, as commander in chief, issues an order to the national guard, or any portion thereof, or the commanding officer of an organization issues any order, to perform any military duty which may be required under the law and regulations, and any enlisted service member fails to report for duty, a sheriff or any law enforcement officer shall, upon written request of the commanding officer of such company or troop, when furnished with a copy of the order of the Governor or the commanding officer of the organization, arrest the enlisted service member and deliver that enlisted service member in person to the commanding officer wherever the commanding officer may direct. The sheriff or any law enforcement officer shall be allowed the same fees and mileage for such service as are now allowed by law in criminal cases. The fees and mileage shall in the first instance be paid by the state if the service member's duties are in the service of the state, otherwise the fees and mileage shall be paid as the United States so provides. The fees and mileage may be recovered from the service member in accordance with the rules and regulations of the United States armed forces. The secretary of the Department of Military and Veterans Affairs may promulgate rules, pursuant to chapter 1-26, to provide for the recovery of fines and mileage from a service member who fails to report for military duty as ordered.

Source: SL 1917, ch 297, § 54; RC 1919, § 10614; SDC 1939, § 41.0163; SL 1992, ch 235, § 1.

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Statutes > South-dakota > Title-33 > Chapter-10 > Statute-33-10-17

33-10-17. Failure of enlisted men to report for duty--Arrest by sheriff--Fees of sheriff. If the Governor, as commander in chief, issues an order to the national guard, or any portion thereof, or the commanding officer of an organization issues any order, to perform any military duty which may be required under the law and regulations, and any enlisted service member fails to report for duty, a sheriff or any law enforcement officer shall, upon written request of the commanding officer of such company or troop, when furnished with a copy of the order of the Governor or the commanding officer of the organization, arrest the enlisted service member and deliver that enlisted service member in person to the commanding officer wherever the commanding officer may direct. The sheriff or any law enforcement officer shall be allowed the same fees and mileage for such service as are now allowed by law in criminal cases. The fees and mileage shall in the first instance be paid by the state if the service member's duties are in the service of the state, otherwise the fees and mileage shall be paid as the United States so provides. The fees and mileage may be recovered from the service member in accordance with the rules and regulations of the United States armed forces. The secretary of the Department of Military and Veterans Affairs may promulgate rules, pursuant to chapter 1-26, to provide for the recovery of fines and mileage from a service member who fails to report for military duty as ordered.

Source: SL 1917, ch 297, § 54; RC 1919, § 10614; SDC 1939, § 41.0163; SL 1992, ch 235, § 1.