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Introduced Version House Bill 2041 History

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Key: Green = existing Code. Red = new code to be enacted
hb2041 intr
H. B. 2041


(By Delegate Brown, (By Request))
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §39-2-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-2-12 of said code, all relating to requiring all records to be preserved indefinitely; and removing the statute of limitations on certain personal actions.

Be it enacted by the Legislature of West Virginia:
That §39-2-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §55-2-12 of said code be amended and reenacted, all to read as follows:
CHAPTER 39. RECORDS AND PAPERS.

ARTICLE 2. GENERAL INDEX AND PRESERVATION OF RECORDS.

§39-2-2. Contents of general indexes.

In the appropriate general index in the office of the clerk of the county court commission, to the extent that the same has been or shall be is provided, shall be indexed the names of all grantors and grantees of deeds, trust deeds, release deeds, contracts, leases, or other writings; the names of the parties to marriage records; and the names of all persons for or against whom judgments or decrees are rendered: Provided, That all records shall be preserved indefinitely. Where a deed has been executed by a trustee, a special commissioner or other officer, it shall be indexed in the name of the former owner of the property conveyed, as well as in the name of the person executing such the deed. In the general index in the office of the clerk of the circuit court, or other court of record, to the extent that such the index has been or shall be is provided, shall be indexed the names of all plaintiffs and defendants, versus and adversus, for or against whom judgments or decrees have been rendered, at law or in chancery. In addition to the foregoing requirements, any clerk may include, or direct to be included, in any general index, such data as he or she shall deem considers proper. It shall be is the duty of every clerk for whose office a general index has been provided, to make all proper entries in each general index in his or her office within a reasonable time after making the recordation to which the index entry pertains.

CHAPTER 55. ACTIONS, SUITS AND ARBITRATION;

JUDICIAL SALE.

ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-12. Personal actions not otherwise provided for.
Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next At any time after the right to bring the same shall have accrued, if it be is for damage to property; (b) within two years next after the right to bring the same shall have has accrued if it be is for damages for personal injuries; and (c) within one year next after the right to bring the same shall have has accrued if it be is for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his or her personal representative.


NOTE: The purpose of this bill is to
require that certain records maintained by the clerk of the county commission to be preserved, and to remove the statute of limitations on certain personal actions.

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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