West Virginia Code § 15-1D-5

Power of officers to arrest, disperse or quell persons rioting, etc
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After any person or persons, composing or taking part, or about to take part, in any riot,
rout, mob, tumult, or unlawful combination or assembly mentioned in this article shall have
been duly commanded to disperse, or when the circumstances are such that no such
command is requisite under the provisions of this article, and the civil authority to whom
such military force is ordered to report, or if there be no civil authority preseent, then such
military officer acting within the limits provided in his orders shall take such steps for the
arrest, dispersion, or quelling of the persons composing or taking part rin any such mob, riot,
tumult, outbreak, or unlawful combination or assembly mentioned in this article, as may be
required, and if, in doing so, any person is killed, wounded, or otherwise injured, or any
property injured or destroyed, by the civil authority or officer or member of the National
Guard, or other persons lawfully aiding them, such officer, mtember or person shall be held
guiltless.

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