FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 39-1-5 — WV Code / Chapter 39 / Article 1 / Section 5
§39-1-5. Acknowledgment by husband and wife.
Status: in_force

When a husband and wife have signed a writing purporting to sell or convey real estate, the wife may acknowledge the same together with, or separately from her husband. Either the husband or the wife may sign and acknowledge the writing before the other has signed or acknowledged it. If both acknowledge the writing at the same time, the certificate of the acknowledgments may be in form or effect as follows:

State (territory or district) of .......... county of ...................., to wit:

I, .................., a notary public of the said county of ...................; or I, .........., clerk of the ......... court or county of ........; (or other officer or person authorized to take acknowledgments by section three of this article, as the case may be),* do certify .......... and .........., his or her wife whose names are signed to the writing above (or hereto annexed) bearing date the ..... day of .........., 20....., have this day acknowledged the same before me in my said ...........

Given under my hand this ......... day of ........., 20.......

If the husband or wife acknowledge a deed or other writing separately from the other, the certificate of acknowledgment after the star in the foregoing form shall be in form or effect as follows: do certify that .........., the wife of .........., (or the husband of .........., as the case may be), whose name is signed to the writing above (or hereto annexed) bearing date the .......... day of .........., 20 ....., has this day acknowledged the same before me in my said ..........

Given under my hand this .......... day of .........., 20 .....
W. Va. Code § 17B-4-6 — WV Code / Chapter 17B / Article 4 / Section 6
§17B-4-6. Renting motor vehicle to another.
Status: in_force

No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed hereunder or, in the case of a nonresident, then duly licensed under the laws of the state or country of his residence.

No person shall rent a motor vehicle to another until he has inspected the operator's or chauffeur's license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his presence.

Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person and the date and place when and where said license was issued. Such record shall be open to inspection by any police officer or officer or employee of the department.
W. Va. Code § 21A-4-1 — WV Code / Chapter 21A / Article 4 / Section 1
§21A-4-1. Creation; composition.
Status: in_force

There is hereby created on October 1, 1937, a board of review, consisting of three members. They shall devote their entire time to the duties of their offices.
W. Va. Code § 56-6-20 — WV Code / Chapter 56 / Article 6 / Section 20
§56-6-20. Reading instructions to jury; instructions part of record.
Status: in_force

All instructions given shall be read by the court to the jury as the action and ruling of the court, without reference to or disclosing the party by whom they may have been prayed. Every instruction or charge in writing read to the jury and every instruction or charge in writing prayed by any party and refused by the court, provided, in either case, that such instruction or charge have a notation thereon showing the action of the court with reference thereto over the signature of the judge, as provided in the preceding section, shall, together with the objections and exceptions thereto, indorsed thereon, be a part of the record in the case and shall be included and copied in any transcript of the record without the formality of a bill of exceptions or any formal certification provided for in subsequent sections of this article.
W. Va. Code § 22-33-8 — WV Code / Chapter 22 / Article 33 / Section 8
§22-33-8. Civil penalties.
Status: in_force

Any person who knowingly violates any provision of this article or rule promulgated hereunder or order or permit issued pursuant to this article is a liable for a civil penalty of not less than $100 nor more than $500 for each violation.
W. Va. Code § 62-3-21 — WV Code / Chapter 62 / Article 3 / Section 21
§62-3-21. Discharge for failure to try within certain time.
Status: in_force

Every person charged by presentment or indictment with a felony or misdemeanor and, remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him without a trial, unless the failure to try him was caused by his insanity; or by the witnesses for the state being enticed or kept away, or prevented from attending by sickness or inevitable accident; or by a continuance granted on the motion of the accused; or by reason of his escaping from jail, or failing to appear according to his recognizance, or of the inability of the jury to agree in their verdict; and every person charged with a misdemeanor before a justice of the peace, city police judge, or any other inferior tribunal, and who has therein been found guilty and has appealed his conviction of guilt and sentence to a court of record, shall be forever discharged from further prosecution for the offense set forth in the warrant against him if after his having appealed such conviction and sentence, there be three regular terms of such court without a trial, unless the failure to try him was for one of the causes hereinabove set forth relating to proceedings on indictment.
W. Va. Code § 9-10-4 — WV Code / Chapter 9 / Article 10 / Section 4
§9-10-4. Criteria and priorities for use of Fund.
Status: in_force

(a) The Secretary shall establish priorities and criteria for the disbursement of moneys in the Fund by conducting at least one annual public meeting in each of the state’s three congressional districts in existence on January 1, 2018, to identify the needs of citizens with traumatic brain injuries and spinal cord injuries, and to identify the gaps in services to these citizens. Public meetings held pursuant to the requirements of this section shall be noticed and advertised as public meetings, and the Secretary shall accept public comments for not less than thirty days following each public meeting.

(b) On or before December 31 of each year the Secretary shall issue an annual report to the Governor and to the Legislative Oversight Commission on Health and Human Resources Accountability, with recommendations for meeting the identified needs within the existing programs, proposing statutory changes to facilitate the delivery of services, improving coordination of services and summarizing its actions during the preceding year.

(c) Moneys expended for services described under section three of this article shall be as a payer of last resort and only for citizens of this state. An individual shall use comparable benefits and services that are available prior to the expenditure of moneys available to that individual through the Fund.
W. Va. Code § 15-5-10 — WV Code / Chapter 15 / Article 5 / Section 10
§15-5-10. Regional organizations for emergency services.
Status: in_force

Regional organizations for emergency services may be established in the discretion of the Governor for any combination of political subdivisions. Each such organization shall be directed by the council which shall consist of the local directors, hereinbefore provided for in section eight of this article, of emergency services of the political subdivisions included in the region for which the organization is established. The local directors of emergency services shall designate the chairman, who may be one of the local directors, a private citizen or a local official, and may appoint committees representing different groups of interested citizens to assist them in the discharge of their duties. Members of such committees shall not be entitled to compensation for their services. The regional organizations and their members shall, in accordance with the state plan and program for emergency services, engage in such activities and perform such functions and duties as will further the provision of emergency services for the region and state. The emergency service organizations shall coordinate their activities with those of the regional planning and development councils in this state, and each local political subdivision included in the region shall pay its proportionate share of the ordinary expenses of such activities.

Any such organization may, within the limits of the funds made available for the purpose by the local political subdivisions included in the region or by the state, employ necessary personnel and fix their compensation, if any. Any such regional organization may be dissolved, reorganized or rearranged by the Governor whenever in his discretion such action is necessary.
W. Va. Code § 13-2E-14 — WV Code / Chapter 13 / Article 2E / Section 14
§13-2E-14. Article complete authority for refunding bonds; effect on other laws; liberal construction.
Status: in_force

This article constitutes full and complete authority for the issuance of refunding bonds. No procedure or proceedings, publications, notices, consents, approvals, orders, acts or things by any governing body of any public body, or any board, officer, commission, department, agency, or instrumentality of the state or any public body shall be required to issue any refunding bonds or to do any act or perform anything under this article, except as may be prescribed in this article. The powers conferred by this article shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this article shall not affect, the powers conferred by any other law. This article is remedial in nature and shall be liberally construed.
W. Va. Code § 15-9B-3 — WV Code / Chapter 15 / Article 9B / Section 3
§15-9B-3. Local Sexual Assault Forensic Examination Boards.
Status: in_force

(a) Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic Examination Board, or may, as an alternative, convene and chair the sexual assault response team in the county to act as the Sexual Assault Forensic Examination Board. If a regional board is authorized, all county prosecutors from the designated area shall be members of the board. The prosecutors shall assure that each board be proportionally representative of the designated region. Each board may vary in membership, but should include representatives from local health care facilities, local law enforcement, multidisciplinary investigative teams, county and municipal governments and victims advocates. Each county or regional board shall develop a local plan and protocols for the area, which will address, at a minimum, the following:

(1) Identifying facilities that are appropriate for receipt and treatment of sexual assault victims;

(2) Evaluating the needs and available resources of the area, including the number of qualified physicians or nurses, or both, to facilitate and encourage 24-hour, seven-day-a-week coverage; and

(3) Developing an alternative plan in case there is a change in circumstances to ensure continuity of service.

(b) If availability of services are limited, or the remoteness of the region causes lack of adequate examination facilities or personnel, the local boards may designate local government or other resources to provide appropriate transport of victims to facilities where the victim can receive a timely and appropriate forensic examination.
W. Va. Code § 60B-1-3 — WV Code / Chapter 60B / Article 1 / Section 3
§60B-1-3. Eligible drugs.
Status: in_force

(a) Drugs may only be dispensed pursuant to the program if:

(1) For prescription drugs, they do not expire before the completion of the medication by the eligible patient based on the prescribing health care professional’s directions for use and, for over-the-counter drugs, they do not expire before use by the eligible patient based on the directions for use on the manufacturer’s label; and

(2) The drugs were donated in unopened tamper-evident packaging as defined by United States Pharmacopeia General Chapter 659, Packaging and Storage Requirements, including, but not limited to, unopened unit-dose and multiple-dose packaging.

(b) The following drugs may not be donated to the program:

(1) Controlled substances;

(2) Drugs subject to a federal Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to 21 U.S.C. §355-1 if inventory transfer is prohibited by such strategy; or

(3) Drugs that there is reason to believe are adulterated.
W. Va. Code § 37-6-16 — WV Code / Chapter 37 / Article 6 / Section 16
§37-6-16. Distress or attachment when rent not payable in money.
Status: reserved

Where goods are distrained or attached for rent reserved in a share of the crops, or in anything other than money, the claimant of the rent, having given the tenant ten days' notice, or if he be out of the county, having set up the notice in some conspicuous place on the premises, may apply to the court or justice to which the distress or attachment is returnable, to fix the value of such rent. Upon such application the court or justice having ascertained the value, either by its own judgment, or, if either party require it, by the verdict of a jury impaneled without the formality of pleading, shall order the goods distrained or attached, to be sold to pay the amount so ascertained.
W. Va. Code § 46-2-508 — WV Code / Chapter 46 / Article 2 / Section 508
§46-2-508. Cure by seller of improper tender or delivery; replacement.
Status: in_force

(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.

(2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.
W. Va. Code § 31D-16-1606 — WV Code / Chapter 31D / Article 16 / Section 1606
§31D-16-1606. Exception to notice requirement.
Status: in_force

(a) Whenever notice is required to be given under any provision of this chapter to any shareholder, notice may not be required to be given if:

(1) Notice of two consecutive annual meetings and all notices of meetings during the period between two consecutive annual meetings have been sent to the shareholder at the shareholder's address as shown on the records of the corporation and have been returned undeliverable; or

(2) All, but not less than two, payments of dividends on securities during a twelve-month period, or two consecutive payments of dividends on securities during a period of more than twelve months, have been sent to the shareholder at the shareholder's address as shown on the records of the corporation and have been returned undeliverable.

(b) If any shareholder delivers to the corporation a written notice setting forth the shareholder's then-current address, the requirement that notice be given to the shareholder is to be reinstated.
W. Va. Code § 31D-1-140 — WV Code / Chapter 31D / Article 1 / Section 140
§31D-1-140. Venue.
Status: in_force

PART 4. VENUE.

Unless otherwise provided by any provision of this code, any civil action or other proceeding brought pursuant to this chapter may be initiated in the circuit court of any county of this state as provided in section one, article one, chapter fifty-six of this code.
W. Va. Code § 48-18-112 — WV Code / Chapter 48 / Article 18 / Section 112
§48-18-112. Cooperation with other states in the enforcement of child support.
Status: in_force

(a) The Bureau for Child Support Enforcement shall cooperate with any other state in the following:

(1) In establishing paternity;

(2) In locating an obligor residing temporarily or permanently in this state, against whom any action is being taken for the establishment of paternity or the enforcement of child and spousal support;

(3) In securing compliance by an obligor residing temporarily or permanently in this state, with an order issued by a court of competent jurisdiction against such obligor for the support and maintenance of a child or children or the parent of such child or children; and

(4) In carrying out other functions necessary to a program of child and spousal support enforcement.

(b) The Commissioner shall, establish procedures necessary to extend the Bureau for Child Support Enforcements' system of withholding under article fourteen of this chapter, so that such system may include withholding from income derived within this state in cases where the applicable support orders were issued in other states, in order to assure that child support owed by obligors in this state or any other state will be collected without regard to the residence of the child for whom the support is payable or the residence of such child's custodial parent.
W. Va. Code § 17-18-12 — WV Code / Chapter 17 / Article 18 / Section 12
§17-18-12. Duty to have boats and hands at ferry within six months after order establishing it; cessation of rights.
Status: in_force

If any person to whom leave may be granted to establish a ferry shall not, within six months thereafter, have at such ferry the number and kind of boats, and the number of hands prescribed by the order granting such leave, he shall not, after such six months, have any rights under such order.
W. Va. Code § 18C-6-3 — WV Code / Chapter 18C / Article 6 / Section 3
§18C-6-3. Selection criteria and procedures.
Status: in_force

(a) The vice chancellor for administration shall select the recipients of West Virginia STEM scholarships from among those applicants who meet eligibility criteria set forth in subsection (b) of this section.

(b) To be eligible to receive a scholarship under the provisions of this article, applicants must meet the following conditions:

(1) Be a United States citizen or person who meets the definition of an "eligible noncitizen" under federal Title IV requirements;

(2) Have a cumulative grade point average of 3.0 on a 4.0 grading scale upon graduation from high school or the equivalent or have a cumulative grade point average of at least 3.0 on a 4.0 grading scale after completing one semester of course work at an eligible institution of higher education; and

(3) Be enrolled or accepted for enrollment in an accredited STEM or STEM-related program leading to a certificate, associate or baccalaureate degree at an eligible institution of higher education.

(c) In accordance with the intent of this article, in the rule authorized by §18C-6-1 of this code, the commission shall develop criteria and procedures for the selection of scholarship recipients that reflect the purposes of this article and the areas in which the commission shall make particular efforts in the selection of recipients as set forth in section one of this article and which may include, but not be limited to:

(1) The grade point average of the applicant;

(2) Involvement in extracurricular activities;

(3) Financial need;

(4) Current academic standing; and

(5) An expression of interest in a career in a STEM or STEM-related field as demonstrated in an essay written by the applicant.

The criteria and procedures further may require the applicant to furnish letters of recommendation from teachers and others.

(d) In developing the rule regarding selection criteria and procedures for the West Virginia STEM scholarship, the commission shall solicit the views of public and private science, technology, engineering, and mathematics agencies and institutions and other interested parties.

(e) The commission shall make application forms for West Virginia STEM scholarships available to public and private high schools, charter schools, home schools, learning pods, microschools, and other educational programs authorized by the Legislature that encompass education commonly received in grades 9 through 12, in the state and other locations convenient to applicants, parents, and others and shall make an effort to attract students from low-income backgrounds, ethnic or racial minority students, students with disabilities, and women or minority students who show interest in pursuing careers in STEM or STEM-related fields and who are under-represented in those fields.

(f) In awarding the scholarships, the commission shall give preference to applicants who are West Virginia residents.

(g) The commission shall award scholarships based on established statewide need.
W. Va. Code § 38-4-27 — WV Code / Chapter 38 / Article 4 / Section 27
§38-4-27. Disposition of surplus received by officer; disposition of money not paid over when execution stayed.
Status: in_force

Where an officer has received money under execution, if any surplus remain in his hands after satisfying the execution, such surplus shall be repaid to the debtor; and if the debtor or his personal representative obtain an injunction or appeal staying an execution, in whole or in part, before money received under it, or any part of it, is paid over to the creditor, the officer shall repay such debtor the money so received and not so paid over, or so much thereof as the injunction or appeal may extend to, unless otherwise directed by law, or the order of the court.
W. Va. Code § 44D-10-1009 — WV Code / Chapter 44D / Article 10 / Section 1009
§44D-10-1009. Beneficiary's consent, release or ratification.
Status: in_force

(a) A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having capacity, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:

(1) The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or

(2) At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.

(b) A beneficiary is also bound to the extent an approval is given by a person authorized to represent the beneficiary as provided in article three of this chapter.
W. Va. Code § 8-3-7 — WV Code / Chapter 8 / Article 3 / Section 7
§8-3-7. Same -- Approval; effective date; certification; judicial notice; recordation.
Status: in_force

If the proposed charter shall be approved by a majority of the legal votes cast at the election thereon, the charter shall take effect on July 1, next after the date of the election, if the interim exceeds sixty days; otherwise on July 1 of the second fiscal year after its approval. If approved as aforesaid, one of the signed copies of the charter on file with the clerk of the county court, together with a certified copy of the declaration of the results of the election showing the total legal votes cast for and against approval, shall be certified forthwith by the clerk of the county court to the Clerk of the House of Delegates, in his capacity as keeper of the rolls. The same shall be preserved by said Clerk of the House of Delegates as an authentic public record. After the effective date of a charter so filed, all courts shall take judicial notice of its provisions.

The clerk of the county court shall certify to the county court the other signed copy of the charter previously filed with him, which copy so certified shall be spread upon the records of said court for public examination.