West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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Showing 5,151–5,200 of 6,321 sections
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50-16-10 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Receipt for Dockets, Papers and Books Delivered Any person receiving, as aforesaid, the dockets, papers, books and statutes which were in the possession of any justice by virtue of his office shall, if reques… Proofed
50-16-11 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Authority of Justice Having Docket and Papers A justice with whom the docket and papers of another are lawfully deposited, during vacancy or absence, or, as the successor of such other justice, shall make a… Proofed
50-17-1 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Fees of Justices in Civil Cases Every justice of the peace shall be entitled to charge and receive the following fees in civil cases, and no other fees shall be charged by any justice in civil… Proofed
50-17-2 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Fees of Constables in Civil Cases Every constable shall be entitled to charge and receive the following fees in civil cases: {{FIGURE type=table page=1275 id=50-17-2~fig1 note="Fees of constabl… Proofed
50-17-3 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Fee Bills, How Charged and Collected Except where it is otherwise provided, the fee bills of justices and constables shall be chargeable to the persons at whose instance or request the services wer… Proofed
50-17-4 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Unlawful Fee Bills; Collection Without Fee Bill; Penalties If any justice or constable shall, knowingly and with intent to defraud, issue a fee bill for any service against any person not chargeable therewith, or for a … Proofed
50-17-5 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Prepayment of Fees For any service rendered by virtue of his office, for which a fee is allowed by law, except fees chargeable to the State or county, the justice or constable may… Proofed
50-17-6 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Security for Costs by Nonresident Plaintiff If a person who intends to bring an action before a justice is not a resident of the State, the justice may require security for the costs before issuing the su… Proofed
50-17-7 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Form of Such Security Security for costs may be given either by depositing with the justice such sum as the latter shall deem sufficient, or by a bond with good security, to be appro… Proofed
50-17-8 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Judgment on Bond for Costs When such bond has been given, the justice, on notice or summons served on the persons, or any of them, who signed the same, may render judgment thereon, agains… Proofed
50-17-9 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Fee Book Required The justice shall keep a fee book, or a memorandum or account upon his docket, so as to show underneath the title of each suit the costs made by each party, sep… Proofed
50-17-10 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs What Costs to be Included in Judgment or Execution; What Costs to be Indorsed on Execution; How Collected The costs to be included in the judgment or execution are only those made by the party in whose favor the judgment is rendered, and which have been paid by him,… Proofed
50-17-11 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Fees of Justices in Criminal Cases Every justice shall be entitled to the following fees in all criminal cases and proceedings before him, and no other fees shall be taxed or charged by any justi… Proofed
50-17-12 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Fees of Constables in Criminal Cases Every constable shall be entitled to the following fees in criminal cases: {{FIGURE type=table page=1277 id=50-17-12~fig1 note="Fees of constables in criminal … Proofed
50-17-13 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Receipts for Fines and Costs When any money is paid to a justice of the peace on account of a fine, or fine and costs, imposed by him, he shall give to the person paying the same a receipt … Proofed
50-17-14 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Recovery of Fees Not Paid by Parties In all misdemeanor cases and all proceedings under search warrants and proceedings for recognizance or bond to keep the peace, when the fees prescribed in secti… Proofed
50-17-15 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Disposition of Fines Collected All fines which accrue to the State, collected or paid in any proceeding before a justice, except as otherwise provided, shall immediately be paid, by the justi… Proofed
50-17-16 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Reports to County Clerk and State Tax Commissioner Every justice shall quarterly, on the first day of January, April, July and October, certify to the clerk of the county court of his county and the state tax co… Proofed
50-17-17 Ch. 50 — JUSTICES AND CONSTABLES Fees, Fines and Costs Other Sections of Code Applicable Sections twenty, twenty-four, twenty-five, twenty-six and twenty-seven, article one, chapter fifty-nine of this Code, in so far as they are applicable to justic… Proofed
50-18-1 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Limits of, and Cases in Which Justice May Exercise, Criminal Jurisdiction; Penalties A justice shall have jurisdiction of the following offenses committed in his county, or on any river or creek adjoining thereto: (a) In cases of assault and b… Proofed
50-18-2 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Warrant; When Not Required Proceedings before a justice shall be by warrant of arrest in the name of the State, except that when an offense of which the justice has jurisdiction is commit… Proofed
50-18-3 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Direction and Execution of Warrant If the justice have jurisdiction, the warrant of arrest may be directed to any constable in the county in which the offense was committed, and the officer to wh… Proofed
50-18-4 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Issuance of Warrant The warrant arrest shall be issued only on the information, under oath, of some credible person. It shall describe the offense alleged to have been committed, a… Proofed
50-18-5 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Witnesses The justice may also, by indorsement on the warrant or by subpoena, direct witnesses to be summoned, and may proceed against them as for contempt if they fail o… Proofed
50-18-6 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Continuance; Recognizance; Judgment Thereon On the appearance of the accused, the justice may proceed to try the case; but he may grant continuances from time to time, if the circumstances of the case req… Proofed
50-18-7 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Trial by Jury When the penalty authorized by law is a fine exceeding five dollars, or imprisonment, the accused shall be entitled to a trial by twelve jurors, or a less numbe… Proofed
50-18-8 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Costs; Execution Whether the trial is by jury or not, if the judgment be against the accused, it shall be for the costs of the proceeding in addition to the fine and term of imp… Proofed
50-18-9 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Imprisonment for Nonpayment of Fine When a fine is imposed, whether with or without imprisonment, and whether execution be issued under the preceding section or not, the justice, if he see fit, ma… Proofed
50-18-10 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Appeals in Criminal Cases; Recognizances; Procedure in Circuit Court Every person sentenced to imprisonment by the judgment of a justice, or to the payment of a fine of ten dollars or more (and in no case shall a judgment for a f… Proofed
50-18-11 Ch. 50 — JUSTICES AND CONSTABLES Criminal Jurisdiction and Procedure; Appeals Provisions for Civil Proceedings Made Applicable The provisions of this chapter concerning civil proceedings and the fees and costs therein provided shall apply to proceedings under this article except where i… Proofed
51-1-1 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Judges The supreme court of appeals shall consist of five judges, elected and qualified according to the Constitution and laws of this State, any three of whom shall b… Proofed
51-1-2 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals President They shall designate one of their body to be the president of the court. In the absence of the president any other judge designated by the judges present shall … Proofed
51-1-3 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Jurisdiction The supreme court of appeals shall have original jurisdiction in cases of habeas corpus, mandamus and prohibition. It shall have appellate jurisdiction in civil… Proofed
51-1-4 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Regulation of Pleading, Practice and Procedure in All Courts of Record Except County Courts The supreme court of appeals may, from time to time, make and promulgate general rules and regulations governing pleading, practice and procedure in such court … Proofed
51-1-5 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Regular Terms Two terms of the supreme court of appeals shall be held every year at Charleston, in Kanawha county, the first commencing on the second Wednesday in January, th… Proofed
51-1-6 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Special Terms Special terms of the supreme court of appeals may be held for the trial and decision of causes at Charleston, in Kanawha county, specially designated as the pla… Proofed
51-1-7 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Warrant of Judges The judges of said court, or a majority of them, may, by warrant signed by them, directed to the clerk, appoint a special term to be held for the trial and deci… Proofed
51-1-8 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Hearing of Cases at Special Term At any special term of the court, any cause, the record of which has been previously printed, may, in the discretion of the court, be heard and decided by conse… Proofed
51-1-9 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals What Cases May be Decided at Any Regular or Special Term The court may, at any regular or special term, decide any cause or proceeding which may have been previously heard by the court at any regular or special term t… Proofed
51-1-10 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Adjournment The court may, at any regular or special term, adjourn from day to day or from time to time, as the court may order, until its close. Proofed
51-1-11 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Clerk; Deputy and Assistant Clerks; Compensation; Crier; Messenger The supreme court of appeals, or judges thereof in vacation, may appoint a clerk, who shall give bond as required by article two, chapter six of this Code. The … Proofed
51-1-12 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Duties of Clerk It shall be the duty of the clerk of the supreme court of appeals to attend in person, or by deputy, all the sessions of the court, to obey its orders and direc… Proofed
51-1-13 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Duties of Crier; Compensation The crier of the supreme court of appeals shall attend the sessions of the court, maintain order therein, have its halls kept constantly clean, ventilated and s… Proofed
51-1-14 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Duties of Messenger; Compensation The messenger of the supreme court of appeals shall constantly attend the sessions of the court and obey its orders and directions, for which he shall be allowe… Proofed
51-1-15 Ch. 51 — COURTS AND THEIR OFFICERS Supreme Court of Appeals Retirement Pay for Judges Whenever any judge of the supreme court of appeals shall have served at least twelve consecutive years, and shall have reached the age of sixty-five years, he m… Proofed
51-2-1 Ch. 51 — COURTS AND THEIR OFFICERS Circuit Courts; Circuit, Criminal and Intermediate Judges Judicial Circuits; Judges; Terms of Court The State shall be divided into judicial circuits as follows: The counties of Brooke, Hancock and Ohio shall constitute the first circuit; the counties of Marsh… Proofed
51-2-1a Ch. 51 — COURTS AND THEIR OFFICERS Circuit Courts; Circuit, Criminal and Intermediate Judges First Circuit For the county of Ohio, on the second Monday in January, April and September. For the county of Brooke, on the first Monday in March, June and November. For… Proofed
51-2-1b Ch. 51 — COURTS AND THEIR OFFICERS Circuit Courts; Circuit, Criminal and Intermediate Judges Second Circuit For the county of Marshall, on the second Tuesday in February, June and October. For the county of Tyler, on the third Tuesday in March, July and November. … Proofed
51-2-1c Ch. 51 — COURTS AND THEIR OFFICERS Circuit Courts; Circuit, Criminal and Intermediate Judges Third Circuit For the county of Doddridge, on the first Tuesday in April and August, and the fourth Tuesday in November. For the county of Pleasants, on the second Tuesday … Proofed
51-2-1d Ch. 51 — COURTS AND THEIR OFFICERS Circuit Courts; Circuit, Criminal and Intermediate Judges Fourth Circuit For the county of Wood, on the fourth Monday in January and April, and the second Monday in October. For the county of Wirt, on the first Monday in January an… Proofed
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