§56-6-17. View by jury.
The jury may, in any case, at the request of either party, be
taken to view the premises or place in question, or any property,
matter or thing relating to the controversy between the parties,
when it shall appear to the court that such view is necessary to a
just decision, and in such case the judge presiding at the trial
may go with the jury and control the proceedings; and in a felony
case the judge and the clerk shall go with the jury and the judge
shall control the proceedings, and the accused shall likewise be
taken with the jury or, if under recognizance, shall attend the
view and his recognizance shall be construed to require such
attendance. The party making the motion, in a civil case, shall
advance a sum sufficient to defray the expenses of the jury and the
officers who attend them in taking the view, which expenses shall
be afterwards taxed like other legal costs.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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