H. B. 4471
(By Delegate Brown, (By Request))
[Introduced February 9, 2006; 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, to the extent that the same has been or shall be
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 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 index has been or shall be
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
proper. It shall be 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;
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 for
damage to property; (b) within two years next after the right to
bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the
same shall have accrued if it be 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
NOTE: The purpose of this bill is
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
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would