§56-3-18. When officer may summon assistance; failure to assist.
Such officer may, in case resistance be made or apprehended to
the execution of such process or order, summon to his assistance,
either orally or by writing, so many of the male inhabitants of his
county of the age of eighteen years or more, or require the
commandant of any company, regiment or separate battalion of
militia or volunteers to call out such portion, or the whole
thereof, to assist him, as shall be deemed sufficient for the
occasion; and he and those assisting him may use such force as
shall be necessary or proper to overcome any resistance made to the
execution of such process or order, and to seize, arrest and
confine the resisters, their aiders and abettors, to be dealt with
according to law. If any male inhabitant of the county of the age
of eighteen years or more fail to obey such summons, or if any
commandant fail to comply with such requisition, the officer shall
report the fact to the court from which such process or order
issued, which court may, in a summary way, after notice to the
person so reported, adjudge him to be fined or imprisoned, or both,
as for contempt. Or if the process or order was not issued by a
court, the person so failing to obey such summons or requisition
shall be punished as for a misdemeanor, and to that end the officer
shall report him to the prosecuting attorney for the county.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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