§56-3-20. Further liability for failure to make proper return.
A judgment in a prosecution under the preceding section for
failure to make proper return of any process or order, or to
subscribe the return as aforesaid, shall be no bar to further
proceedings if the failure be continued; but there shall be a
further forfeiture by the officer, who ought to have made such
return, of twenty dollars for every month subsequent to the
judgment that the failure shall continue, until it appear that the
return cannot be made; or if it be the case of an execution or
warrant of distress, until it appear that the amount thereof has
been paid to the party entitled. Moreover, the court to which, or
to the clerk's office of which, such return ought to be made, may,
upon the motion of any party injured, and for his use, fine such
officer and his sureties, or any one or more of them, or any deputy
in default, a reasonable sum, and from time to time impose on him
or them other reasonable fines, not exceeding altogether, in the
case of an execution or warrant of distress, the rate of five
dollars for every hundred dollars therein mentioned for each month
that the failure to make such return shall have continued.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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