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1-1-1 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Limits and Jurisdiction |
Counties Comprising State of West Virginia |
The State of West Virginia includes all the territory formerly belonging to the State of Virginia and now comprising the following counties, to-wit: Barbour, Be… |
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1-1-2 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Limits and Jurisdiction |
Jurisdiction Over Rivers |
The jurisdiction of this State also extends over all the rivers which are boundary lines between this and any other state, to the opposite shore, where there is… |
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1-1-3 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Limits and Jurisdiction |
Acquisition of Lands by United States; Jurisdiction |
The consent of this State is hereby given to the acquisition by the United States, or under its authority, by purchase, lease, condemnation, or otherwise, of an… |
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1-1-4 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Limits and Jurisdiction |
Execution of Process and Other Jurisdiction as to Land Acquired by United States |
The State of West Virginia reserves the right to execute process, civil or criminal, within the limits of any lot or parcel of land heretofore or hereafter acqu… |
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1-2-1 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Apportionment of Representation |
Senatorial Districts |
The State shall consist of fifteen senatorial districts, as follows:
First district—Consisting of the counties of Hancock, Brooke and Ohio.
Second district—C… |
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1-2-2 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Apportionment of Representation |
Apportionment of Membership of House of Delegates |
The house of delegates shall consist of ninety-four members, who shall be apportioned as follows: The counties of Barbour, Boone, Brooke, Calhoun, Clay, Doddrid… |
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1-2-3 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Apportionment of Representation |
Congressional Districts |
The number of members to which this State is entitled in the house of representatives of the congress of the United States shall be apportioned among the severa… |
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1-3-1 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Notice of Intention to Create New County |
When it is intended to apply to the legislature for the passage of an act to create a new county, a notice of such intention shall be published in each county f… |
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1-3-2 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Survey and Census; Area and Population |
The county court of each of the counties out of which the new county is proposed to be formed, at its first session after the notice mentioned in the next prece… |
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1-3-3 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Submission to Voters; Copies of Surveys, Census and Declaration of Result of Election |
If it appear, by such surveys and census, that there are within the limits of the proposed new county at least four hundred square miles of territory and at lea… |
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1-3-4 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Plat of New County |
From the plats showing the portion of each county to be included in the proposed new county, mentioned in section two of this article, a plat of the proposed ne… |
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1-3-5 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Certificates to Accompany Application to Legislature |
Every application to the legislature for the formation of a new county must be accompanied by duly certified copies of the surveys, plat of the proposed new cou… |
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1-3-6 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Payment of Expenses |
All the expenses attending the publication of the notices, the surveying, and the taking of the census, as required in sections one and two of this article, sha… |
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1-3-7 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Filing Plat of New County After Its Creation; Change of Boundaries |
If the proposed new county be created with the boundaries specified in the plat and certificate of survey mentioned in section four of this article, a copy of s… |
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1-3-8 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Collection of and Accounting for Public Funds; Officers’ Fees; Execution of Process |
All taxes and levies assessed or laid in any county from which a new county is formed, before the time when the act creating such new county becomes effective, … |
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1-3-9 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Jurisdiction of Courts; Transfer of Cases |
The courts which, at the time of the passage of the act creating a new county, had jurisdiction over the counties from which it is formed shall retain jurisdict… |
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1-3-10 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Transfer of Proceedings Pending Before a Justice |
Any proceeding pending before a justice of an old county at the time the act creating a new county becomes effective, which, if brought after that time, would b… |
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1-3-11 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Jurisdiction of Old Officers to Continue Until New Officers Appointed |
The sheriffs and other officers of the counties from which a new county is formed shall, until the sheriff and other officers of the new county are appointed in… |
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1-3-12 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Officers of Old County Required to Reside Therein |
In any case where the residence of a sheriff or other officer required to reside within the county is, by the creation of a new county, included within the limi… |
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1-3-13 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
District Offices Not Vacated |
The creation of a new county shall not vacate the office of any justice, constable, or other officer of any district which is included in whole or in part in th… |
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1-3-14 |
Ch. 1 — THE STATE AND ITS SUBDIVISIONS |
Creation of New County; Change in County Line |
Notice and Survey in Case of Changing a County Line |
When it is proposed to change a county line, a notice thereof shall be published in some newspaper printed in the county from which any territory is proposed to… |
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2-1-1 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Common Law |
Common Law |
The common law of England, so far as it is not repugnant to the principles of the Constitution of this State, shall continue in force within the same, except in… |
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2-1-2 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Common Law |
Ancient Lights |
The common law of England in regard to ancient lights is not in force in this State. |
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2-2-1 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Legal Holidays; Official Acts or Court Proceedings |
The following days shall be regarded, treated and observed as legal holidays, viz: The first day of January, commonly called “New Year‘s Day”; the twelfth day o… |
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2-2-2 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
When Acts to be Done Fall on Saturday or Sunday; Adjournments From Day to Day |
When a proceeding is directed to take place, or any act to be done on any particular day of the month, if that day falls on Sunday, the next day shall be deemed… |
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2-2-3 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Computation of Time |
The time within which an act is to be done shall be computed by excluding the first day and including the last; or if the last be Sunday, it shall also be exclu… |
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2-2-4 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Month; Year; Fiscal Year |
In a statute the word “month” shall mean a calendar month, and the word “year” a calendar year; and the word “year” alone shall be equivalent to the expression … |
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2-2-5 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Acts by Agent or Deputy |
When a statute requires an act to be done by an officer or person, it shall be sufficient if it be done by his agent or deputy, unless it be such as cannot lawf… |
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2-2-6 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Seals |
When the seal of the State, or of a court, officer or corporation is to be affixed to any paper, an impression of such seal upon the paper shall be sufficient. … |
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2-2-7 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Affirmation Equivalent to Oath |
A solemn affirmation shall be equivalent to an oath in all cases, unless otherwise expressly provided, and the word “oath” shall be deemed to include an affirma… |
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2-2-8 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Effect of Repeal or Expiration of Law |
The repeal of a law, or its expiration by virtue of any provision contained therein, shall not affect any offense committed, or penalty or punishment incurred, … |
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2-2-9 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Repeal of Repealing Act |
When a law which has repealed another is itself repealed, the former law shall not be revived without express words for the purpose. |
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2-2-10 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Rules for Construction of Statutes |
The following rules shall be observed in the construction of statutes, unless a different intent on the part of the legislature be apparent from the context:
… |
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2-2-11 |
Ch. 2 — COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS |
Legal Holidays; Construction of Statutes; Definitions |
Repeal of Validating Statutes; Effect |
The repeal by any provision of this Code of a statute validating previous acts, contracts or transactions shall not affect the validity of such acts, contracts … |
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3-1-1 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Scope of Chapter |
The provisions of this chapter shall apply to any general, special or primary election, unless restricted by the context: Provided, however, That such provision… |
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3-1-2 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
General Elections |
General elections shall be held at the voting places in the several election precincts in the State on the Tuesday next after the first Monday in November, in e… |
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3-1-3 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Manner of Voting |
In all elections the mode of voting shall be by ballot, but the voter shall be left free to vote by either open, sealed, or secret ballot, as he may elect. Unle… |
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3-1-4 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Presidential Electors; Members of the Congress |
Electors of president and vice president of the United States shall be elected at the general election to be held on the Tuesday next after the first Monday in … |
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3-1-5 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
State Officers |
At the general election to be held in the year nineteen hundred and thirty-two, and in every fourth year thereafter, there shall be elected a governor, secretar… |
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3-1-6 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Judges of Circuit Courts and Courts of Limited Jurisdiction; County and District Officers |
There shall be elected, at the general election to be held in the year nineteen hundred and thirty-six, and in every eighth year thereafter, one judge of the ci… |
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3-1-7 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Elective Offices Hereafter Created |
If the legislature shall hereafter create any elective office, or make any office now filled by appointment an elective office, in the State or in any subdivisi… |
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3-1-8 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Vacancies Filled |
Any vacancy in any elective office may be filled at a general election. |
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3-1-9 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Election of President and Vice President |
The presidential electors shall meet in the office of the governor at the capitol of this State, on the day now appointed, or which shall hereafter be appointed… |
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3-1-10 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Precincts; Designation; Number of Voters in Each |
The magisterial districts of each county shall be divided into election precincts, such precincts numbered and the boundaries thereof established, and at least … |
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3-1-11 |
Ch. 3 — ELECTIONS |
General Elections; Officers to be Chosen; Precincts |
Precinct Change; Precinct Record |
The county court of any county may change the boundaries of any precinct within such county, or divide any precinct into two or more precincts, or consolidate t… |
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3-2-1 |
Ch. 3 — ELECTIONS |
The Electorate; Registration Voters |
Persons Entitled to Vote |
The citizens of the State shall be entitled to vote at all elections held within the precincts of the counties in which they respectively reside. But no person … |
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3-2-2 |
Ch. 3 — ELECTIONS |
The Electorate; Registration Voters |
Registration Books and Blanks |
The county court shall cause to be prepared suitable books and blanks for the registration of voters and in which to set out the facts required by this article,… |
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3-2-3 |
Ch. 3 — ELECTIONS |
The Electorate; Registration Voters |
Registrars |
The county court of each county in this State shall hold a regular or special session at the courthouse of the county on the first Monday in March next before t… |
Unreviewed
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3-2-4 |
Ch. 3 — ELECTIONS |
The Electorate; Registration Voters |
Duties of Registrars |
The clerk of the county court shall, within five days after the appointment of registrars as aforesaid, notify each of the registrars so appointed of his appoin… |
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3-2-5 |
Ch. 3 — ELECTIONS |
The Electorate; Registration Voters |
Examination of Applicant for Registration; Who Registered |
Before the registrars shall register the name of any person as a qualified voter, they must be satisfied of his qualifications, or have him make and subscribe t… |
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