West Virginia Code


Chapter 63     Entire Code


§63-1-1. Effective date of code; repeal of acts of a general nature.

All the provisions of the preceding chapters, articles and sections shall be in force upon and after January 1, nineteen hundred and thirty-one; and all acts and parts of acts of a general nature in force on the day preceding that day are hereby repealed, subject to such limitations and exceptions as are provided in this article.

§63-1-2. Effect of such repeal in general.

Such repeal shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any right established, accrued, or accruing, before the day this code takes effect, or any prosecution, suit or proceeding pending on that day, except that the proceedings thereafter had shall conform, so far as practicable, to the provisions of this code; and where any penalty, forfeiture or punishment is mitigated by those provisions, such provisions may, with the consent of the party affected, be applied to any judgment to be pronounced after that day; and such repeal, as to any statute of limitations, under which the bar of a right of action or remedy is complete at the time the repeal takes effect, shall not be deemed a removal of such bar, but the bar shall continue, notwithstanding such repeal.

§63-1-3. Special or local acts not repealed.

No act authorizing the issuing of any state bonds, or of a special or local character, is repealed by the adoption of this code.

§63-1-4. Effect of repeal on persons in office, and on practitioners of professions and occupations.

All persons who, at the time such repeal takes effect, shall hold any office under any of the acts hereby repealed, shall continue to hold the same according to the tenure thereof, except those offices which may have been abolished, and those as to which a different provision is made by this code. Nor shall any person who has been duly licensed or registered to practice any profession or engage in any occupation before this code takes effect be required to submit to further examination or take out a new license or registration to practice such profession or engage in such occupation under the provisions of this code, except where the periodic renewal of such license or registration is required hereunder and then only to the extent so required.

§63-1-5. Notice, recognizance, or process given, taken, or issued before code in force; nothing in code to operate to discontinue any pending case.

Although a notice, recognizance, or process shall have been given, taken, or issued before the day on which this code takes effect, it may, nevertheless, be given, taken or returnable to a day after such date, in like manner as if this code had been in effect before the same was given, taken, or issued. And nothing in this code shall operate to discontinue any cause or matter, civil or criminal, which shall be depending and undetermined in any court on the day before this code takes effect; but every such cause and matter shall be proceeded in, tried and determined in such court.

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