H. B. 4185
(By Delegates Stalnaker, Davis,
Willison and Williams)
[Introduced January 27, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section one, article two, chapter fifty
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to conferring on magistrates
the authority to perform marriages; and allowing magistrates
to charge up to fifty dollars for performing a marriage.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 2. JURISDICTION AND AUTHORITY.
§50-2-1. Civil jurisdiction.
Except as limited herein in this section and in addition to
jurisdiction granted elsewhere to magistrate courts, such
magistrate courts shall have jurisdiction of all civil actions
wherein in which the value or amount in controversy or the value of property sought, exclusive of interest and cost, is not more than
five thousand dollars. Magistrate courts shall have jurisdiction
of all matters involving unlawful entry or detainer of real
property or involving wrongful occupation of residential rental
property, so long as the title to such the property is not in
dispute. Except as the same they may be in conflict with the
provisions of this chapter, the provisions of article three,
chapter fifty-five of this code, regarding unlawful entry and
detainer, shall apply to such those actions in magistrate court.
Magistrate courts shall have jurisdiction of actions on bonds given
pursuant to the provisions of this chapter. Magistrate courts
shall have continuing jurisdiction to entertain motions in regard
to post-judgment process issued from magistrate court and decisions
thereon on the motions may be appealed in the same manner as
judgments.
Individual magistrates may perform marriages upon request by
persons entitled, by virtue of meeting all lawful requirements, to
be married. A magistrate performing a marriage under this
provision may charge a fee up to fifty dollars to perform the
marriage. The fee is in addition to the magistrate's annual
salary.
Magistrate courts shall do not have jurisdiction of actions in
equity, of matters in eminent domain, of matters in which the title
to real estate is in issue, of proceedings seeking satisfaction of liens through the sale of real estate, of actions for false
imprisonment, of actions for malicious prosecution or of actions
for slander or libel or of any of the extraordinary remedies set
forth in chapter fifty-three of this code.
Magistrates, magistrate court clerks, magistrate court deputy
clerks, and magistrate assistants shall have the authority to
administer any oath or affirmation, to take any affidavit or
deposition, unless otherwise expressly provided by law, and to
take, under such regulations as are prescribed by law, the
acknowledgment of deeds and other writings.
NOTE: The purpose of this bill is to confer authority on
magistrates to perform marriages. The bill would allow magistrates
to charge up to $50 to perform a marriage, a sum that would be
collected by the magistrate in addition to his or her regular
salary.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.