§56-3-19. Officer's service and return of process; failure to
make proper return; false return.
Every officer to whom any process or order is lawfully
delivered for execution shall, without avoidable delay, execute the
same according to the command thereof and the provisions of law,
and make true return thereon at the proper time and place, stating
in such return the time and manner of executing the same, or why
the same was not executed, and shall subscribe his name to such
return. When the service is by deputy, such deputy shall subscribe
to the return his own name as well as that of his principal. With
the order or process there shall be returned any bond taken, and an
account of any sale made under the same, specifying therein the
several articles sold, the persons to whom sold, and the prices
thereof. Such return shall be made to the court, justice, person
or office from which such process or order issued, unless in such
process or order it is directed to be otherwise returned, in which
case return thereof shall be made according to such direction.
Where a sale is made under any process or order, and no particular
time for the return thereof is prescribed therein, or by law, the
return shall be made within thirty days after the sale. But if no
particular time be prescribed in the process or order, or by law,
for the return thereof, and no sale is made under the same, the
return shall be made immediately after such process or order is
executed; or, if it be not executed, within two months after its
date. Except when the process or order is issued by a justice, any
officer failing to comply with the provisions of this section shall
forfeit twenty dollars; and, if he make a false return, shall forfeit therefor one hundred dollars.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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