H.
B.
4499
(By Delegates S. Williams and Ellis)
[Introduced February 16, 1994; referred to the
Committee on Political Subdivisions then Finance.]
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 fees and allowances; fees to be charged by clerk of county commission.
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.
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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 1/2" x 13".
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 ten dollars for the first twenty pages and one dollar for each additional page thereafter; where the writing is a trust deed, ten dollars for the first ten pages and one dollar for each additional page thereafter; trust deed, lease, or power of attorney concerning real estate two dollars for the first two pages and one dollar for
each additional page thereafter$ 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 words.
For recording a plat accompanying a deed or other
writing2.00
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 book3.00
If such map contains more than one hundred twenty
square inches, for each additional square inch .010
For recording and indexing assignment2.00
If such assignment contains more than one reference
to the record of property assigned, for each
reference1.00
If such assignment does not give the reference to
the record of property assigned, for search of
record to determine such book and page50
If such assignment contains more than two pages,
for each additional page1.00
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 thereby2.00
If book and page reference to lien released is
omitted, for search of record to determine
such book and page50
For filing or refiling and entering conditional sales
contract2.00
For recording and indexing a satisfaction of a
conditional sales contract2.00
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 code3.00
For recording and indexing a certificate of
incorporation2.00
If such certificate contains more than two pages,
for each additional page1.00
For filing and indexing a certificate showing the
name or names of a person or persons conducting
business under an assumed name2.00
For certifying to the assessor a transfer of real
estate under section eight, article four, chapter
eleven of the code1.00
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 order3.00
If the will be but partially proved on one day, for the
order and entering the same on the will or paper
annexed thereto1.00
For each subsequent order and entering the same on the
will or paper annexed thereto1.00
For the same services where there is a contest8.00
For preparing notices in connection with contest, or
any hearing, each notice1.00
For recording a will and the matter recorded therewith
in the will book2.00
If will and matter recorded therewith contains more
than two pages, for each additional page1.00
For entering orders and transmitting papers in case
of appeal3.00
If such order and transmittal contains more than five
pages, for each additional page1.00
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 appraisement2.00
For each additional copy of qualification order1.00
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 wit2.00
For entering and copying an order granting a license
under provisions of article twelve, chapter eleven
of the code1.00
For certificate for a license or endorsing assignment
thereof1.00
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 return8.00
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 office of over a year's
standing, unless otherwise required by statute50
For recording certificates and posting a copy thereof
under the provisions of section two, article one,
chapter thirty-four of the code1.50
For docketing or redocketing under article three,chapter
thirty-eight of the code, a judgment, decree, bond
or recognizance1.00
If such writing contains more than one page, for
each additional page1.00
For recording and indexing an execution and noting
the date of issuance and the date of filing of
same upon the judgment record1.50
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 for1.50
If such paper contains more than two pages, for
each additional page1.00
For any copy, if it be not otherwise provided for1.50 .50
If such copy contains more than two pages, for each
additional page1.00
For annexing the seal of the court to any paper, writing
certificates of clerk accompanying it1.00
For writing a certificate of the president of the court
or judge, when the clerk be required to do so1.00
For recording and indexing an inventory or sale bill1.50
If such writing contains more than two pages, for each
additional page1.00
For entering an order confirming the report of a
fiduciary1.00
For recording and indexing such report and matter
recorded therewith3.00
If such report contains more than four pages, for
each additional page1.00
For recording and indexing any bond required by law
to be recorded, including the certificate or
other evidence of its execution1.50
If such bond and certificate contains more than
two pages, for each additional page1.00
For recording and indexing a notice of mechanic's
lien1.50
If such notice contains more than two pages, for each
additional page1.00
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 code2.00
If such contract and bond contains more than two
pages, for each additional page1.00
For recording and indexing a notice of lis pendens1.50
If such notice contains more than two pages, for
each additional page1.00
For recording a certificate of real estate claimed
as a homestead1.00
For administering an oath not herein provided for,
and writing a certificate thereof where the
case requires one1.00
For recording a writing containing pages in excess
of legal size, 8 1/2" X 13", additional fee for
each page, where recording is by photograph.50
For recording and indexing instruments not specifically
provided for herein1.50
If such instrument contains more than two pages, for
each additional page1.00
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 increase certain fees charged by the clerk of the county commission.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.