WVC 37 - 5 - 3
§37-5-3. Prosecution under preceding sections.
A justice of the county in which such mine is, before whom
complaint of such refusal is made, may issue a summons to such
owner, tenant, occupant or agent to answer such complaint. On
the return of the summons executed, and proof that the
complainant has right of entry, and that he has been refused
without sufficient cause, the justice shall designate an early
and convenient time of such entry to be made, and issue his
warrant commanding the sheriff of the county to attend and
prevent obstructions and impediments to such entry, exploration
and survey. The cost of such summons, and a fee of three dollars
to the sheriff executing the warrant, shall be paid by the person
whose refusal caused the complaint. But if the justice dismiss
the complaint, the costs shall be paid by the party making it.