West Virginia § 61-5-18 Officer not liable for act done under statute or executive order afterward declared unconstitutional

West Virginia Statutes

§ 61-5-18 — Officer not liable for act done under statute or executive order afterward declared unconstitutional

West Virginia § 61-5-18

Ch. 61CRIMES AND THEIR PUNISHMENT

Art. 5CRIMES AGAINST PUBLIC JUSTICE

This text of West Virginia § 61-5-18 (Officer not liable for act done under statute or executive order afterward declared unconstitutional) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 61-5-18 (2026).

Text

No officer in the lawful exercise or discharge of his official duty under any act of the Legislature, or any order or proclamation of the Governor of this state, shall be held personally responsible therefor in any action, suit, prosecution or proceeding, civil or criminal, by reason of such act, order or proclamation being afterwards adjudged by any court of this state to be unconstitutional. Nor shall his official bond be liable in any civil proceeding therefor.

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No officer in the lawful exercise or discharge of his official duty under any act of the Legislature, or any order or proclamation of the Governor of this state, shall be held personally responsible therefor in any action, suit, prosecution or proceeding, civil or criminal, by reason of such act, order or proclamation being afterwards adjudged by any court of this state to be unconstitutional. Nor shall his official bond be liable in any civil proceeding therefor.