Code of West Virginia, 1931

Code	Chapter	Article	Section Heading	Section Text Preview	Status
38-8-4	Ch. 38 — LIENS	Exemptions From Levy	Selection of Appraisers	If, within five days after the delivery of the list to the officer, the creditor, his agent or attorney, demand an appraisement of the property listed under the…	Proofed
38-8-5	Ch. 38 — LIENS	Exemptions From Levy	Appraisement	The appraisers shall forthwith proceed to make a list by separate items, of the personal estate selected by the debtor, to the value of two hundred dollars, as …	Proofed
38-8-6	Ch. 38 — LIENS	Exemptions From Levy	Officer’s Return	The list shall be delivered to the officer holding the execution, order of sale or other process, and be by him annexed to and made part of his return; and the …	Proofed
38-8-7	Ch. 38 — LIENS	Exemptions From Levy	Exemption of Claim	When an attachment or suggestion has been served on a person owing a claim or demand to the debtor which is by him exempted as aforesaid, the officer shall, upo…	Proofed
38-8-8	Ch. 38 — LIENS	Exemptions From Levy	Sale or Refusal to Release Exempt Property; Penalty	Any officer who shall sell any property so claimed as exempt, after the provisions of the third section of this article have been complied with by the debtor, h…	Proofed
38-8-9	Ch. 38 — LIENS	Exemptions From Levy	Compensation of Appraisers	Each appraiser shall be entitled to one dollar, to be paid by the creditor if it appear that the property claimed by the debtor as exempt did not exceed two hun…	Proofed
38-8-10	Ch. 38 — LIENS	Exemptions From Levy	Right of Exemption of Widow or Minor Children	After the death of a husband or parent residing in this State, his surviving spouse or minor children, or such of them as there may be, may select personal esta…	Proofed
38-8-11	Ch. 38 — LIENS	Exemptions From Levy	Purchase Money or Taxes; No Exemption	No exemption claimed under the preceding sections of this article, or any of them, shall affect or impair any claim for the purchase money of the personal estat…	Proofed
38-8-12	Ch. 38 — LIENS	Exemptions From Levy	How Appraisement May be Set Aside	The circuit court of the county, or judge thereof, in vacation, on motion of any person aggrieved, may set aside any appraisement made as provided in this artic…	Proofed
38-8-13	Ch. 38 — LIENS	Exemptions From Levy	Transfers to Avoid Exemption	It shall be unlawful for any person to institute, or permit to be instituted, proceedings in his own name, or in the name of any other person, or to assign or t…	Proofed
38-8-14	Ch. 38 — LIENS	Exemptions From Levy	Unripe Crops Exempt	No crop shall be liable to distress or levy until it is mature, or has been severed from the soil, except that Indian corn may be taken at any time after the fi…	Proofed
38-9-1	Ch. 38 — LIENS	Homestead Exemptions	Homestead; Persons Entitled	Any husband or parent residing in this State, or the infant children of deceased or insane parents, may hold a homestead of the value of one thousand dollars, s…	Proofed
38-9-2	Ch. 38 — LIENS	Homestead Exemptions	Method of Setting Apart Homestead	Every husband or parent, and every guardian or curator of any infant child or children of deceased or insane parents, desiring to set apart such homestead, may …	Proofed
38-9-3	Ch. 38 — LIENS	Homestead Exemptions	Debts Enforceable Against Homestead	The real estate, so set apart as aforesaid, shall from the time such writing as is mentioned in the next preceding section is, or has been, delivered to such cl…	Proofed
38-9-4	Ch. 38 — LIENS	Homestead Exemptions	Effect of Increase in Value of Homestead	If the homestead, so set apart as aforesaid, shall not be of greater value than one thousand dollars, at the time of the execution and recordation of such writi…	Proofed
38-9-5	Ch. 38 — LIENS	Homestead Exemptions	Homestead of Infant Children	In case of the death of a husband or parent owning such homestead, the benefit thereof shall descend to his or her minor children, and shall be held and enjoyed…	Proofed
38-10-1	Ch. 38 — LIENS	Federal Tax Liens	Recordation of Federal Tax Lien; Release; Fee	Pursuant to the authority of section three thousand one hundred and eighty-six of the Revised Statutes of the United States, passed July thirteen, eighteen hund…	Proofed
38-11-1	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Definition of Lienor	The word “lienor” as used in this article shall mean the person claiming or asserting a lien upon personal property.	Proofed
38-11-2	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Property Subject to Other Liens; Priority	Any lienor shall take such rights as a purchaser of the property deposited with him would take, and shall take subject to other titles, interests, liens, or cha…	Proofed
38-11-3	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Improver’s Lien on Personal Property	A person who, while in possession thereof, makes, alters, repairs, stores, transports, or in any way enhances the value of an article of personal property, or b…	Proofed
38-11-4	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Lien of Bailee of Animals or Vehicles	A person keeping a livery stable, or boarding stable for animals, or a garage or storage place for automobiles or other vehicles, or who boards, pastures, feeds…	Proofed
38-11-5	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Lien for Lodging and Board	The owner or keeper of any hotel, inn, lodging house, restaurant, eating house or boarding house shall have a lien upon, and may retain possession of, the bagga…	Proofed
38-11-6	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Lien of Humane Officer	When any humane officer shall provide any neglected or abandoned animal with proper food, shelter and care, he shall have a lien upon such animal for the expens…	Proofed
38-11-7	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Recovery of Possession by Lienor	When any personal property lawfully held by a creditor in his possession under a lien shall be wrongfully taken from his possession by the owner thereof, the cr…	Proofed
38-11-8	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Lien for Service of Male Animals	The owner of any stallion, jack or bull, that is duly registered under the laws of the State of West Virginia, shall have a lien upon the foal or calf thereof, …	Proofed
38-11-9	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Lien on Vessels	Any citizen of this State shall have a lien upon any domestic steam boat, steamer or vessel, propelled wholly or in part by steam, gas, fluid, naphtha, or elect…	Proofed
38-11-10	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Lienor’s Right to Compensation for Storage	Any lienor lawfully holding personal property in his possession under a lien shall be entitled to reasonable compensation for the storage or keeping of such pro…	Proofed
38-11-11	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Assignability of Liens	Whenever any lienor shall assign to any other person the debt or claim secured by a lien, such assignee shall be entitled, unless it is otherwise expressly agre…	Proofed
38-11-12	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Liability of Lienor or Pledgee for Safe Return of Property	Whenever any lienor or pledgee or his assignee shall lawfully deliver the possession of the property which he holds under a lien or pledge to any third person, …	Proofed
38-11-13	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	How Lien May be Waived or Released	Any lien or pledge mentioned in this article which is dependent upon the lienor’s possession shall be released by the lienor: (a) By the voluntary surrender o…	Proofed
38-11-14	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Enforcement of Lien or Pledge; Sale of Property	Any person holding personal property in his possession under a lien or pledge may satisfy such lien in any manner agreed upon between the owner and the lienor, …	Proofed
38-11-15	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Perishable or Hazardous Goods; Sale	If goods to be sold under the provisions of the preceding section are of a perishable or hazardous nature, or by keeping will deteriorate greatly in value, the …	Proofed
38-11-16	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Remedies of Lienor or Pledgee	The remedy for enforcing a lien or pledge herein provided in the two preceding sections does not preclude any other remedies allowed by law for the enforcement …	Proofed
38-11-17	Ch. 38 — LIENS	Miscellaneous Liens and Pledges	Enforcement of Lien or Pledge by Distress or Attachment	Any lienor who is entitled to a lien upon personal property of any kind, whether such lienor is in possession of the property or not, or whether such lien is me…	Proofed
38-12-1	Ch. 38 — LIENS	Release and Assignment of Liens	Requisites of Release	Any person entitled to the benefit of any lien on any estate real or personal, or to the money secured thereby, whether the lien was created by conveyance, judg…	Proofed
38-12-2	Ch. 38 — LIENS	Release and Assignment of Liens	When Trustee May Release; Effect	A trustee in a trust deed may release the lien of such trust deed: (a) When the trust deed authorizes the trustee to release the same; (b) When the trust de…	Proofed
38-12-3	Ch. 38 — LIENS	Release and Assignment of Liens	Release by Trustee When Unnamed Persons Are Secured; Publication; Effect	If a trustee in a trust deed which secures persons not named in the trust deed shall publish once each week for three successive weeks, in a newspaper of genera…	Proofed
38-12-4	Ch. 38 — LIENS	Release and Assignment of Liens	Form of Release	Releases and their acknowledgments may be substantially in form or effect as follows: {{FIGURE type=form page=1027 id=38-12-4~fig1 note="Forms of release"}} (…	Proofed
38-12-5	Ch. 38 — LIENS	Release and Assignment of Liens	Partial or Limited Release	In case of a discharge of only a part of the lien debt, or a release of only a part of the property subject to the lien, or any other partial or limited release…	Proofed
38-12-6	Ch. 38 — LIENS	Release and Assignment of Liens	Release by Lienor After Assignment; Liability	Any person who shall have been entitled to the benefit of any lien and who shall have assigned such lien, or the benefit thereof, or any instrument secured by s…	Proofed
38-12-7	Ch. 38 — LIENS	Release and Assignment of Liens	Disability of Lienholder	In case of the death, insanity, or infancy of the person entitled to the lien, the release may be made by the personal representative, committee, or guardian of…	Proofed
38-12-8	Ch. 38 — LIENS	Release and Assignment of Liens	Recordation; Effect	When the release has been so signed and acknowledged, it may be presented for record to the clerk in whose office the lien thereby intended to be released is re…	Proofed
38-12-9	Ch. 38 — LIENS	Release and Assignment of Liens	Duties of Clerk	The clerk of the county court shall record and properly index all releases and assignments admitted to record in his office under the provisions of this article…	Proofed
38-12-10	Ch. 38 — LIENS	Release and Assignment of Liens	Refusal to Execute Release; Execution by County Clerk	In case of the refusal of the party holding such lien to execute a release upon request of the party entitled thereto, the circuit court having jurisdiction may…	Proofed
38-12-11	Ch. 38 — LIENS	Release and Assignment of Liens	Limitation of Article	Nothing in this article contained shall be construed to authorize the discharge of any lien contrary to the provisions of the instrument under which the lienor …	Proofed
38-12-12	Ch. 38 — LIENS	Release and Assignment of Liens	Satisfaction of Execution; Notation on Judgment Docket	When an execution issued upon a judgment or decree, which has been entered in the judgment lien docket in the office of the clerk of the county court, is return…	Proofed
38-12-13	Ch. 38 — LIENS	Release and Assignment of Liens	Penalty for Failure of Clerk or Other Officer	If any clerk or other officer shall fail in any duty imposed upon him by this article, he shall be liable to any party injured for all damages caused by such fa…	Proofed
39-1-1	Ch. 39 — RECORDS AND PAPERS	Authentication and Record of Writings	Power of Attorney May be Recorded	A power of attorney may be admitted to record in any county.	Proofed
39-1-2	Ch. 39 — RECORDS AND PAPERS	Authentication and Record of Writings	Instruments Recordable	The clerk of the county court of any county in which any deed, contract, power of attorney, or other writing is to be, or may be, recorded, shall admit the same…	Proofed
39-1-3	Ch. 39 — RECORDS AND PAPERS	Authentication and Record of Writings	Who May Take Acknowledgment	Upon the request of any person interested therein, such clerk of the county court shall also admit any such writing to record, as to any person whose name is si…	Proofed