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Introduced Version House Bill 2312 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2312


(By Delegates Hunt, Ashley, Rowe, J. Smith,

Staton, Faircloth and Kelley)

[Introduced January 20, 1999; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact section ten, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing the size designation of legal paper to eight and one-half inches by fourteen inches.

Be it enacted by the Legislature of West Virginia:

That section ten, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-10. Fees to be charged by clerk of county commission.

For the purpose of this section, the word "page" is defined as being a paper writing of not more than legal size, 8 ½" x 13" 14."
The clerk of the county commission shall charge and collect the following fees:
When a writing is admitted to record, for receiving
proof of acknowledgment thereof, entering an
order in connection therewith, endorsing clerk's
certificate of recordation thereon and indexing
in a proper index, where the writing is a deed
of
conveyance, trust deed, lease, or power of
attorney
concerning real estate $ 2.00
If such writing contains more than two pages,
for each additional page, in counties where
recording is done by photograph, fifty cents;
and in counties where recording is done by
typewriter, and such writing contains more
than one thousand words, three cents for
each additional twenty words2.00
For recording a plat accompanying a deed
or other writing 2.00
If such plat contains more than
one hundred twenty square inches,
for each additional square inch .010
For recording and indexing a map to
be placed in map book 3.00
If such map contains more than
one hundred twenty square inches,
for each additional square inch .010
For recording and indexing assignment 2.00
If such assignment contains more than
one reference to the record of property
assigned, for each reference 1.00
If such assignment does not give the
reference to the record of property
assigned, for search of record to
determine such book and page .50
If such assignment contains more than
two pages, for each additional page 1.00
For recording and indexing and noting
release of lien2.00
If such release contains more than
one reference to lien released, for
each lien released thereby 2.00
If book and page reference to lien
released is omitted, for search of
record to determine such book and page .50
For filing or refiling and entering
conditional sales contract 2.00
For recording and indexing a satisfaction
of a conditional sales contract 2.00
For filing each financing, continuation
or termination statement or other
statement or writing permitted to be
filed under chapter forty-six of the code2.00
For filing, preserving and indexing a
security agreement filed under
chapter forty-six of the code 3.00
For recording and indexing a
certificate of incorporation 2.00
If such certificate contains more than
two pages, for each additional page 1.00
For filing and indexing a certificate showing
the name or names of a person or persons
conducting business under an assumed name 2.00
For certifying to the assessor a transfer
of real estate under section eight,
article four, chapter eleven of the code 1.00
For swearing the witnesses and entering
in the order or minute book, all orders
in relation to the proof of a will which
is admitted to record without contest,
and copying such order on the will or
on a paper annexed thereto, when fully
proved and but one order 3.00
If the will be but partially proved on
one day, for the order and entering the
same on the will or paper annexed thereto 1.00
For each subsequent order and entering the
same on the will or paper annexed thereto 1.00
For the same services where there is a contest 8.00
For preparing notices in connection with
contest, or any hearing, each notice 1.00
For recording a will and the matter
recorded therewith in the will book 2.00
If will and matter recorded therewith
contains more than two pages, for
each additional page 1.00
For entering orders and transmitting
papers in case of appeal 3.00
If such order and transmittal contains more
than five pages, for each additional page 1.00
If any personal representative or guardian
qualify for administering necessary oaths,
notating the bond, entering and copying on the
will, order granting probate or administration,
making out copy of such order for personal
representative or guardian, entering and
copying orders of appraisement 2.00
For each additional copy of qualification order 1.00
If several personal representatives qualify
on the same estate at the same time or term
the same fee shall be charged as if one had
qualified, to wit 2.00
For entering and copying an order granting a
license under provisions of article twelve,
chapter eleven of the code 1.00
For certificate for a license or endorsing
assignment thereof 1.00
For issuance of marriage license, for preparing
the application and administering the oath,
for registering and recording the license,
for mailing acknowledgment of minister's
return to one of licensees, for notifying
one of licensees after sixty days of the
nonreceipt of the minister's return 8.00
One dollar of the latter fee shall be paid
by the county clerk into the state
treasury as a state registration fee, in
the same manner that license taxes are paid
into the treasury under article twelve,
chapter eleven of the code.
For search of anything in his or her office
of over a year's standing, unless otherwise
required by statute .50
For recording certificates and posting a copy
thereof under the provisions of section two,
article one, chapter thirty-four of the code 1.50
For docketing or redocketing under article
three, chapter thirty-eight of the code,
a judgment, decree, bond or recognizance 1.00
If such writing contains more than one page,
for each additional page 1.00
For recording and indexing an execution and
noting the date of issuance and the date
of filing of same upon the judgment record 1.50
For making out a transcript of the record and
proceedings in any case in due form so
that the same may be used in appellate court,
such fee shall be the same as specified herein
for recording.
For making out, in any other manner than
copying, any paper to go out of the office
which is not otherwise provided for 1.50
If such paper contains more than two
pages, for each additional page 1.00
For any copy, if it be not otherwise provided for 1.50
If such copy contains more than two
pages, for each additional page 1.00
For annexing the seal of the court to any paper,
writing certificates of clerk accompanying it 1.00
For writing a certificate of the president
of the court or judge, when the clerk be
required to do so 1.00
For recording and indexing an inventory or
sale bill 1.50
If such writing contains more than two pages,
for each additional page 1.00
For entering an order confirming the report
of a fiduciary 1.00
For recording and indexing such report
and matter recorded therewith 3.00
If such report contains more than four
pages, for each additional page 1.00
For recording and indexing any bond required
by law to be recorded, including the
certificate or other evidence of its execution 1.50
If such bond and certificate contains more
than two pages, for each additional page 1.00
For recording and indexing a notice of
mechanic's lien 1.50
If such notice contains more than two
pages, for each additional page 1.00
For recording contract limiting liability of
owner and bond of contractor to be filed
therewith, as prescribed in article two,
chapter thirty-eight of the code 2.00
If such contract and bond contains more
than two pages, for each additional page 1.00
For recording and indexing a notice of lis pendens 1.50
If such notice contains more than two pages,
for each additional page 1.00
For recording a certificate of real estate
claimed as a homestead 1.00
For administering an oath not herein provided
for, and writing a certificate thereof
where the case requires one 1.00
For recording a writing containing pages in
excess of legal size, 8 ½" X 13 14", additional
fee for each page, where recording is by photograph .50
For recording and indexing instruments not
specifically provided for herein 1.50
If such instrument contains more than two
pages, for each additional page 1.00
For recording anew any will, deed or other
paper, the same fees herein provided
for the original recording.
For any service other than recording and indexing not specifically provided for, the same fee as a clerk of the circuit court for similar services.

All acts or parts of acts in conflict herewith are hereby repealed.



NOTE: The purpose of this bill is to change the size designation of legal paper from 8 ½" by 13" to 8 ½" by 14".

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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