70 sections in this chapter.
W. Va. Code § 59-1-1 Fee for use of state seal
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Except when the seal is used on the papers of a requisition issued by the Governor for the return of a fugitive from justice, or when the seal of the state is affixed to any certificate, credential or commission of a public officer, and except in cases where it is otherwise provi…
W. Va. Code § 59-1-10 Fees to be charged by clerk of county commission
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For the purpose of this section, the word “page” is defined as being a paper or electronic writing of not more than legal size, 8 1/2” x 14”. (a) When a writing is admitted to the record, for receiving proof of acknowledgment of the writing, entering an order in connection with t…
W. Va. Code § 59-1-11 Fees to be charged by clerk of circuit court
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(a) The clerk of a circuit court shall charge and collect for services rendered by the clerk the following fees which shall be paid in advance by the parties for whom services are to be rendered: (1) Except as provided in §59-1-11(a)(2) and §59-1-11(a)(3) of this code, for instit…
W. Va. Code § 59-1-11A Additional costs in certain criminal proceedings
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(a) Except as provided in subsections (b) and (c) of this section, in each criminal case before a circuit court in which the defendant is convicted, whether by plea or at trial, under the provisions of section two, article five, chapter seventeen-c of this code or section eightee…
W. Va. Code § 59-1-12 Payment of fines by credit card or payment plan
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A circuit court may accept credit cards in payment of all fines, cost, forfeiture, restitution or penalties. The Supreme Court of Appeals shall adopt rules regarding the use of credit or check cards to pay fines, and any charges made by the credit card company may be paid from th…
W. Va. Code § 59-1-13 Fees to be charged by Clerk of Supreme Court of Appeals
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The Clerk of the Supreme Court of Appeals shall charge the following fees to be paid by the parties for whom the services are rendered: For all copies of petitions, records, orders, opinions or other papers, per page. 25¢ For each certificate under seal of the court $5 For licens…
W. Va. Code § 59-1-14 Fees to be charged by sheriffs
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(a) The county commission shall determine the amount which the sheriff may charge, which charges shall not exceed the following: For serving on any person an order, notice, summons, or other process where the body is not taken, except a subpoena served on a witness, and making re…
W. Va. Code § 59-1-15 Payments to sheriffs and clerks out of state or county treasury
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There shall be paid out of the State Treasury to clerks and sheriffs for services rendered the state in a civil case such fees as would be chargeable for the like service of an individual, after such fees are duly certified to the Auditor. There shall be paid by the county court …
W. Va. Code § 59-1-16 Amount of allowance to witnesses for attendance; how and when made
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A person attending any court or other tribunal, under a summons or recognizance as a witness, shall receive not less than ten nor more than $20, to be fixed by the court or other tribunal, for each day's attendance and 15¢ per mile for each mile necessarily traveled to the place …
W. Va. Code § 59-1-17 By whom witnesses paid; on what certificate; clerk's certificate as to claims; dispute as to claims
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The sum to which a witness is entitled shall be paid out of the treasury in any case of attendance before either house or a committee of the Legislature, and in any other case in which the attendance is for the state except where it is otherwise specially provided. In all other c…
W. Va. Code § 59-1-18 To whom fees charged; services by clerks and sheriffs without fees
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The fees mentioned in this article shall be chargeable to the person at whose instance the service is performed; except that the fees for entering and certifying the attendance of witnesses, and proceedings to compel payment for such attendance, shall be charged to the party for …
W. Va. Code § 59-1-19 Fee books of clerks
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Every clerk of a court shall keep a fee book, wherein shall be entered the fees for every service performed by him and the fact of such fees having been paid, or of a bill having been made out therefor, whichever shall happen first. The fee books of a clerk shall be submitted to …
W. Va. Code § 59-1-2 Fees to be charged by Secretary of State
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(a) Except as may be otherwise provided in this code, the Secretary of State shall charge for services rendered in his or her office the following fees to be paid by the person to whom the service is rendered at the time it is done: (1) For filing, recording, indexing, preserving…
W. Va. Code § 59-1-20 Making out fee bills; motion to quash improper fee bill; prepayment of fees
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No person shall be compelled to pay any fees before mentioned due to an officer, until there be produced to him a fee bill signed by the officer to whom the fees are due, expressing particulars for which such fees are charged. And no such fee bill shall be made out for any servic…
W. Va. Code § 59-1-21 Fee bills of county clerk
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The clerk of the county court may make out tickets for his fees and place them in the hands of the sheriff, or other officer, to be collected and accounted for in the same manner that the fees of the clerk of the circuit court are collected and accounted for. The clerk of the cou…
W. Va. Code § 59-1-22 Duties of successor of deceased clerk with reference to fee books and fee bills
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When a clerk dies, his successor shall charge in the fee books of the clerk's office such lawful fees as do not appear to have been charged therein for services performed by the decedent, and make out fee bills for such fees, and also for any fees charged on such books by the dec…
W. Va. Code § 59-1-23 Requisites and effect of fee bills for services of deceased clerk
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The fee bills made out under the preceding section shall show on their face that they are for fees due the decedent, shall be signed by his successor, and shall have the same force and effect and shall be dealt with by all officers as if they were for fees accruing for services p…
W. Va. Code § 59-1-24 Collection of fees; receipt
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Every officer mentioned in this article shall, on or before July 1, in any year, deliver fee bills for all fees then due and unpaid, duly signed, to any sheriff or collector of the public taxes, who shall receive and endeavor to collect the same. A sheriff or collector may distra…
W. Va. Code § 59-1-25 Accounting for fees
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Every sheriff or collector to whom such fee bills are so delivered shall, on or before July 1, next after such delivery, account therefor with the officer entitled thereto by returning such as he may not have collected, with the indorsement thereon of the words "No property found…
W. Va. Code § 59-1-26 Limitation on distress or suit for collection of fees
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No fee, when a fee bill has not been issued, shall be collected by distress or suit after ten years from the time when the service was done that is charged for therein; or, if a fee bill has been issued, after ten years from the time when the last fee bill was issued.
W. Va. Code § 59-1-27 Lodging fee bills and certificates in clerk's office; application of costs to payment thereof; prepayment or security to officer
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An officer or witness to whom, for fees or attendance, anything is due that is taxed in the costs for which there is judgment or decree, may, within ten days after such judgment or decree, lodge in the clerk's office of the court wherein the same is rendered, his fee bills for su…
W. Va. Code § 59-1-28 Use and disposition of fees of sheriffs, clerks and prosecuting attorneys
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Except for the funds designated in section twenty-eight-a of this article, all fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind which by law may now or hereafter be collected or received as compensation …
W. Va. Code § 59-1-28A Disposition of filing fees in civil actions and fees for services in criminal cases
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(a) Except for those payments to be made from amounts equaling filing fees received for the institution of divorce actions as prescribed in §59-1-28a(b) of this code, and except for those payments to be made from amounts equaling filing fees received for the institution of action…
W. Va. Code § 59-1-29 Collection of such fees
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Each clerk of the county commission, sheriff, clerk of the circuit court and prosecuting attorney shall have charge of and collect the fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind which are now or ma…
W. Va. Code § 59-1-2A Annual and biennial business fees to be paid to the Secretary of State; filing of annual and biennial reports; purchase of data
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(a) Definitions. — As used in this section: "Annual report fee" means the fee described in subsection (c) of this section that is to be paid to the Secretary of State each year by corporations, limited partnerships, domestic limited liability companies, and foreign limited liabil…
W. Va. Code § 59-1-2B Purchase of voter registration lists and election data; fees
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(a) Except as may be otherwise provided in this code, the Secretary of State shall charge the following fees for data originating in the statewide voter registration system to be paid by the person for whom the service is rendered at the time it is performed: (1) Election Cycle S…
W. Va. Code § 59-1-2C Young Entrepreneur Reinvestment Act; certain fees waived
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Beginning on July 1, 2016, a person who is under the age of 30 who resides within West Virginia is exempt from paying the fees provided in section two of this article for filing: (1) Articles of incorporation of a domestic, for profit corporation, for which he or she is an incorp…
W. Va. Code § 59-1-3 Fees to be charged by Auditor
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The Auditor shall charge for services rendered in his office the following fees to be paid by the person to whom the service is rendered at the time it is done: Land grants not exceeding five hundred words $1.50 For each additional five hundred words or fractional part thereof 1.…
W. Va. Code § 59-1-30 Books of account to be kept by officers
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Each of the officers named in the preceding section shall keep full and regular accounts, subject at all times to the examination of the county court, or tribunal in lieu thereof, the State Tax Commissioner or any individual, of all sums charged or collected by such officers on a…
W. Va. Code § 59-1-31 Monthly payments; how credited; report required
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Except for the funds designated in section twenty-eight-a of this article, each of the officers named in section twenty-nine of this article shall at the end of each month pay into the county treasury all fees, costs, percentages, penalties, commissions, compensation, income and …
W. Va. Code § 59-1-32 Reduction or remission of fees prohibited; penalty for default in payment
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None of the officers named in section twenty-nine of this article shall be authorized to make any reduction, abatement or remission of any of the fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind that it m…
W. Va. Code § 59-1-33 Deposit for costs
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When any action at law, suit in equity or other proceeding is instituted, the clerk of the court wherein the same is instituted shall require from the plaintiff a reasonable deposit of money for the services to be performed by himself or any other officer named in this article: P…
W. Va. Code § 59-1-35 Supervision by chief inspector of public offices
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If, upon any examination made under authority of article nine, chapter six of this code, it is disclosed that the provisions of this article are not being complied with, the chief inspector and supervisor of public offices shall have authority to institute or cause to be institut…
W. Va. Code § 59-1-36 Fees and allowances for poor persons
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If a person shall present to the proper collecting officer such person's written statement, certified by the chief executive officer of a duly chartered legal aid society, that he is pecuniarily unable to pay any of the fees and allowances mentioned in this article, he shall be f…
W. Va. Code § 59-1-37 Deposits by county officers in noninterest bearing or interest bearing accounts; payment to county general fund; annual report
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Except as to any tax receipts, which shall be deposited in accordance with section four, article six, chapter seven of this code, when any fee, cost, percentage, penalty, commission, allowance, bond, deposit, surety or other cash payment or sum is to be held by the sheriff, the p…
W. Va. Code § 59-1-38 County officers to issue receipts of collections
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Any county officer, as described in section thirty-seven of this article, who receives a fee, cost, percentage, penalty, commission, allowance, bond, deposit, surety or other cash payment or sum shall issue a receipt to the payor thereof, in duplicate, on a form approved by the c…
W. Va. Code § 59-1-39 Removal of county officer
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If any county officer shall fail to comply with the provisions of this article, the chief inspector may, in addition to any other remedies provided by law, seek the removal from office of such county officer, in accordance with provisions of section seven, article six, chapter si…
W. Va. Code § 59-1-4 Fees collected by Secretary of State, Auditor and Clerk of Supreme Court of Appeals to be paid into State Treasury; accounts; reports
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Except as otherwise provided by law, the fees to be charged by the Auditor, Secretary of State and Clerk of the Supreme Court of Appeals, by virtue of this article or any other law, are the property of the State of West Virginia. The Auditor, Secretary of State and Clerk of the S…
W. Va. Code § 59-1-5 Violations of preceding section
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Any wilful violation of the preceding section by the Auditor, Secretary of State or clerk of the Supreme Court of Appeals, or any wilful failure by either of them to make the reports or pay over the money or keep the accounts as provided for in the preceding section, shall be dee…
W. Va. Code § 59-1-6 Fees to be charged by surveyors
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Surveyors may charge the following fees: For all surveying actually done (unless by specia lcontract), for the first one hundred poles, or any less distance, long measure, per pole $.01 After the first one hundred poles, long measure, per pole .005 For tracing and examining old s…
W. Va. Code § 59-1-7 Fees to be charged by notaries public
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A notary public may charge the following fees: When there is a protest by him for the record thereof, making out instrument of protest under his official seal and notice of dishonor to one person besides the maker of a note or acceptor of a bill $1.00 For every additional notice …
W. Va. Code § 59-1-8 Compensation of commissioners of courts
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A commissioner, except where it is otherwise specially provided, shall be allowed for any service such compensation as the court of which he is commissioner may from time to time prescribe. The commissioner shall indicate to the court, in writing, the compensation he believes he …
W. Va. Code § 59-1-9 Compensation of fiduciary commissioners; procedure for approving
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The county commission shall promulgate by order a schedule of fees or a rate of compensation for the guidance of fiduciary commissioners, based upon the actual time spent and actual services rendered, or both a schedule and a rate of compensation as the commissioners may deem app…
W. Va. Code § 59-2-1 Suits by persons financially unable to pay
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(a) A natural person who is financially unable to pay the fees or costs attendant to the commencement, prosecution or defense of any civil action or proceeding, or an appeal therein, is permitted to proceed without prepayment in any court of this state, after filing with the cour…
W. Va. Code § 59-2-10 Suit by one person for benefit of another
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When a suit is in the name of one person for the benefit of any other, if there be a judgment for the defendant's costs, it shall be against such other.
W. Va. Code § 59-2-11 Laws as to costs not deemed penal; discretion of court of equity as to costs; costs in appellate courts
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The laws of costs shall not be interpreted as penal laws; nor shall anything in this article take away or abridge the discretion of a court of equity over the subject of costs, except that in every case in an appellate court costs shall be recovered in such court by the party sub…
W. Va. Code § 59-2-12 Costs when case dismissed for want of jurisdiction
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In any instance where a case, an appeal, writ of error or supersedeas shall be dismissed for want of jurisdiction, the court shall render judgment against the party who improperly invoked the jurisdiction of the court for all costs, whether accruing in the trial court or in any a…
W. Va. Code § 59-2-13 Who is to tax costs
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The clerk of a court wherein a party recovers costs shall tax the same.
W. Va. Code § 59-2-14 Taxation of statute fees
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He shall include in the costs to the prevailing party: (a) In any civil action, $10; (b) In civil actions in any court of limited jurisdiction, the same fees as are allowed in a circuit court for like actions.
W. Va. Code § 59-2-15 General taxation of costs
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The clerk shall tax in the costs all fees of officers, or other persons properly acting in lieu of officers, which the said party appears to be chargeable with, in the case wherein the recovery is, except that where, in any court on the same side, more than one copy of anything i…