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WV Code § 39-1-3 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-3. 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 signed thereto, upon a certificate of his acknowledgment before the president of a county court, a justice of the peace, notary public, recorder, prothonotary or clerk of any court, within the United States, the Philippine Islands, Island of Puerto Rico, Territory of Alaska, Territory of Hawaii, or any other territory, possession or dependency of the United States, or a commissioner appointed within the same by the Governor of this state, written or annexed to the same; or upon a certificate so written or annexed under the official seal of any ambassador, minister plenipotentiary, minister resident, charge d'affaires, consul general, consul, deputy consul, vice consul, consular agent, vice consular agent, commercial agent, or vice commercial agent, appointed by the government of the United States to any foreign country, or of the proper officer of any court of record of such country, or of the mayor or other chief magistrate of any city, town or corporation therein, that such writing was acknowledged by such person, or proved as to him by two witnesses, before any person having such appointment, or before such court, mayor, or chief magistrate.
WV Code § 39-1-4 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-4. Form of Certificate of Acknowledgment

The certificate of acknowledgment mentioned in the preceding section may be in form or effect as follows:State (territory or district) of ................., county of .........................., to wit:I, ........., recorder of said municipality; or I, .............., a notary public of said county; or I, ............., a clerk of the ................... court of said county; (or other officer or person authorized to take acknowledgments by section three of this article, as the case may be), do certify that ..........................., whose name (or names) is (or are) signed to the writing above (or hereto annexed) bearing date on the .......... day of ................, 20 ........., has (or have) this day acknowledged the same before me, in my said .....................Given under my hand this ....... day of .........., 20 .......
WV Code § 39-1-4a (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-4a. Acknowledgment of Persons in the Military Service of the United States of America

Upon the request of any person interested therein, 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 to record as to any person whose name is signed thereto who is in the military service of the United States (including the Women's Army Auxiliary Corps, Women's Appointed Volunteers for Emergency Service, Army Nurse Corps, "Spars," Women's Reserve, or similar women's auxiliary unit officially connected with the military service of the United States) or who is the spouse of any one in the military service of the United States (including the aforesaid components and auxiliary units officially connected therewith), upon the certificate of acknowledgment of such person before any commissioned officer of any branch of the military service of the United States, or auxiliary unit officially connected with such military service. Such acknowledgment may be taken at any place either within or outside of the United States of America, or any territory, possession or dependency thereof. The certificate of such acknowledgment need not state the place where same is taken and shall require no seal to be affixed thereto. The officer certifying such acknowledgment must state his rank, branch of military service, and identification number; and such certificate of acknowledgment may be in form and effect as follows:IN THE MILITARY SERVICE OF THE UNITED STATES:I, ......................, a commissioned officer in the military service of the United States, do certify that ................., who is a member of the military service of the United States (or of .................., an auxiliary to the military forces of the United States), and/or ...................., husband (or wife) of ............, a member of the military service of the United States (or of ..................., an auxiliary to the military forces of the United States), whose name(s) is (are) signed to the foregoing writing bearing date on the .......... day of ................., 19....., has (have) this day acknowledged the same before me; and I further certify that I am a ................................ in the ......................... of the United States and (state rank) my identification number is ..........................................Given under my hand this ....... day of ..................., 19........................................................(Signature of Officer)....................................................(Official Title)
WV Code § 39-1-5 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-5. Acknowledgment by Husband and Wife

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 .....
WV Code § 39-1-6 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-6. Certificates as to Wives Living Separate and Apart to Be Prima Facie Evidence in Certain Cases

The certificate of acknowledgment heretofore taken of a married woman to a deed or other writing conveying, or agreeing to sell and convey, real estate which was her sole and separate property, purporting to show that at the time of its execution and acknowledgment such married woman was living separate and apart from her husband, shall, in all cases where the validity of any such deed or other writing comes in question, be prima facie evidence of the facts therein stated.
WV Code § 39-1-7 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-7. False Certificate of Acknowledgment

If any person shall in any case wilfully make any false certificate of acknowledgment, contrary to the true facts in the case, or shall certify the acknowledgment of any person whom he does not personally know to be the person whose name is signed to the writing acknowledged, he shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not more than $500, and imprisoned not more than sixty days, at the discretion of the court.
WV Code § 39-1-8 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-8. Form of Certificate of Acknowledgment by Attorney in Fact

When any writing has been executed by an attorney in fact, and an acknowledgment of the execution thereof is required or authorized for any purpose, the certificate of acknowledgment may be in form or effect as provided in section four of this article as far as the words "do certify," and thence as follows: do certify that .........., whose name is signed to the writing above (or hereto annexed) bearing date the .......... day of .........., 19....., as attorney in fact for .........., has this day acknowledged the same before me in my said ..........Given under my hand this .......... day of .........., 19.....
WV Code § 39-1-9 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-9. Acknowledgment by Corporations

The certificate of acknowledgment of a corporation may be in form or effect as prescribed in section four of this article as far as the words "do certify" and thence as follows: do certify that .........., who signed the writing above (or hereto annexed), bearing date the .......... day of .........., 19....., for .......... (name of corporation), has this day in my said county, before me, acknowledged the said writing to be the act and deed of said corporation.Given under my hand this .......... day of .........., 19......
WV Code § 39-1-10 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-10. When Certificate to Be Under Official Seal

If any acknowledgment be before a notary without this state, he shall certify the same under his official seal.
WV Code § 39-1-10a (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-10a. Verification by Written Statement Under Certain Conditions

Any certificate, return, form, statement, or other document which is required by the State of West Virginia, or any office, department or agency thereof, and which does not require an acknowledgment under this article or other laws of recordation of the State of West Virginia, may be verified by written declaration that it is made under the penalties of perjury and such declaration shall be in lieu of any oath otherwise required.Any person making any false statement in any certificate, return, statement, or other document verified by such written declaration shall be subject to the same penalties as would be applicable had the same been verified by oath duly taken and acknowledged.
WV Code § 39-1-11a (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-11a. Photographic Recordation

It shall be as legal and effective in all respects to photographically record writings, plats and maps and the papers thereto annexed as if such writings, plats and maps and papers thereto annexed had been recorded by handwriting, or by the use of a typewriter, or by any other means useful for the purpose.
WV Code § 39-1-12 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-12. Special Recordation of Writing Not Acknowledged or Proved for Regular Recordation

If any writing which it is lawful for a clerk of the county court to admit to record, on proper acknowledgment or proof, has been or shall be lodged in his office, and has remained or shall remain therein six months without being acknowledged or proved so that it can be duly admitted to record, the clerk of the county court shall, for the preservation thereof, when required by any person interested, copy the same into a book separate from those in which writings properly acknowledged or proved are recorded, and keep an index to such book, as in the case of writings duly admitted to record. In case of the loss or destruction of any such writing, such copy shall be prima facie evidence of the contents thereof.
WV Code § 39-1-13 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-13. Duty to Record Plat or Plan of Lots

When any tract or parcel of land within the limits of any county of the state has been or shall be hereafter subdivided into lots by any partition of land or by order of the owner or owners, or his or their agent, or otherwise and any lot or lots have been sold or conveyed, or are offered for sale, from the tract or parcel of land so divided, according to a plat or plan of subdivision, without such plat or plan of subdivision having been filed for record, it shall be the duty of the owner or owners of such tract of land, or his or their agent, authorizing such plat or plan of subdivision of such tract of land to be laid out, to file such plat or plan for record in the office of the clerk of the county court and the office of the county assessor of the county wherein such land so divided is situate.
WV Code § 39-1-13a (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-13a. Consolidation Order Book

The county court of any county may order the clerk of such county court to provide a book or series of books, to be entitled "Consolidation Order Book," in which such clerk shall record all real estate consolidation orders entered by the county court pursuant to section seventeen, article four, chapter eleven of this code, and likewise to provide an index therefor in which shall be entered pertinent index data consistent with the provisions of section two, article two of this chapter. The county court shall provide funds for the payment for such record book, index and other necessary supplies incident to the keeping thereof.
WV Code § 39-1-14 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-14. Notification to File Plat for Record

Upon notice from the clerk of the county court wherein such land so divided is situate, or upon notice from any person owning a lot or lots (or an undivided share or any interest therein) in any such tract or parcel of land so divided, to the owner or owners or his or their agent, that the plat or plan of subdivision has not been properly filed, the owner or owners, or his or their agent, shall cause the same to be properly filed for record within sixty days from such notification.
WV Code § 39-1-15 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-15. Failure to File Plat After Notification

If such owner, or owners, or his or their agent, upon having been so notified, shall fail to cause such plat or plan to be filed in such offices as aforesaid, such owner, or owners, or his or their agent, shall forfeit and pay the sum of $200 for each period of sixty days that shall elapse after such notification without such plat having been filed for record, such sum or sums to be recovered as debts of like amount are by law recoverable at the suit of any party, or parties, giving such notice. The party or parties bringing such suit shall be entitled to one half of the amount so recovered and the other half shall go to the county fund of such county.
WV Code § 39-1-16 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-16. Approval by City Council or Commissioners Prerequisite to Laying Out Subdivision

In case a proposed subdivision of any lot or parcel of land is situate within the corporate limits of any municipality, or abutting thereon, it shall be the duty of the owner, or owners, or his or their agent, to submit a plat or plan of such subdivision to the council or commissioners of such municipality, showing the street and alley connections that such subdivision makes with such municipality, and furnishing full information for the purpose of determining whether the proposed subdivision will impede or prevent the further development and extension of such municipality where such subdivision is situate. Before any such subdivision is finally laid out, it shall have the approval of the council or commissioners of the municipality wherein the subdivision is situate, or upon which it abuts, and such approval and the date thereof shall be indicated on the plat or plan of such subdivision before the same is finally filed in the office of the clerk of the county court and the county assessor's office.
WV Code § 39-1-17 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 1. Authentication and Record of Writings|§39-1-17. Duty to Provide Cornerstone Monuments; Acknowledgment or Proof Not Necessary to Recordation of Plat

It shall be the duty of the engineer in charge, or the owner, or owners, or the agent of the owner or owners, of any subdivision of land in this state to have permanent cornerstone monuments, of stone or concrete, not less than twenty-four inches in length by six inches square at the top, or not less than six inches in diameter, with proper centers, placed at the most important corners (where permanent corners do not already exist) so that there shall be not less than two permanent corners to each lot or block of any subdivision thereafter made, and the position of the same shall be indicated on the plan or map when finally filed for record. No certificate of acknowledgment, or other proof thereof, shall be necessary or prerequisite to the recordation of such plat, map or plan.
WV Code § 39-2-1 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 2. General Index and Preservation of Records|§39-2-1. Preparation of General Index

The county court of any county may order the clerk of such court to provide a general index for the deed books, trust deed books, judgment lien dockets, marriage records, release deed books, or other record books, or any of them, in such clerk's office; and may order the clerk of the circuit court, or the clerk of any other court of record, of such county to provide a general index for the law and chancery order books, or other record books, or any of them, in his office; or may let to the lowest bidder a contract to provide any such general index or indexes.
WV Code § 39-2-2 (2021)
2021 West Virginia Code|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. 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 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 office within a reasonable time after making the recordation to which the index entry pertains.
WV Code § 39-2-3 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 2. General Index and Preservation of Records|§39-2-3. Records of County Courts and Other Courts -- Binding or Transcribing

The county court of any county may order any of the books and records in its clerk's office and either the county court or the circuit court, or any other court of record, may order any of its own books or records, to be bound or transcribed, and shall make a reasonable allowance therefor, which shall be paid out of the county treasury.
WV Code § 39-2-4 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 2. General Index and Preservation of Records|§39-2-4. Records of County Courts and Other Courts -- Binding or Transcribing -- Prerequisites; Effect

No such allowance shall be made for any transcript until commissioners appointed for the purpose by the court ordering the transcript to be made shall have examined it and written at the foot thereof a certificate of its correctness. Thenceforth the same faith and credit shall be given to it that the book or record transcribed would have been entitled to.
WV Code § 39-2-5 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 2. General Index and Preservation of Records|§39-2-5. Records of County Courts and Other Courts -- Binding or Transcribing -- Removal From County

Any court authorized by section three of this article to have any books or records rebound may have the same taken out of the county for such purpose.
WV Code § 39-2-6 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 2. General Index and Preservation of Records|§39-2-6. Records of County Commissions, Correction Recordation

Every clerk of a county commission shall establish a system which will permanently record any corrections made to any index under his or her care, custody and control. Such recordation of correction shall include the date such correction was made.
WV Code § 39-3-1 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-1. Admission to Record of Certified Copy When Original Writing Lost, Mislaid or Destroyed

If any writing be admitted to record in any county of this state or of any other state, and it be proper for such writing to be admitted to record in a county of this state, and the same before having been admitted to record in such county be lost, mislaid or destroyed, on affidavit of such fact, the clerk of the county court of such county wherein such writing is to be recorded may admit to record a copy of such writing from the records of any county of any state wherein it is recorded properly certified by the clerk of such county court or other officer corresponding thereto; and the record of the copy so admitted shall have the same effect as if the original had been admitted to record at the time when the copy was admitted. The clerk of the county court of any county shall also admit to record such copy of a record or paper as is mentioned in section nine, article one of chapter fifty-seven of this code.
WV Code § 39-3-2 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-2. Lost Records or Papers Recorded or Filed Anew

Where any book containing judgments, decrees, orders or proceedings of a court, or proceedings at rules, or any book containing the record of wills, deeds or other papers, or where any paper filed in a clerk's office, is lost, the clerk in whose office such book or paper was, upon the production to him of any original paper which was recorded in such book, or any attested copy of the record thereof, or of an attested copy of anything else in such book, or of any paper so filed, shall, on application, record or file the same anew. The record shall show whether it is made from an original or a copy, and how the paper from which it is made was authenticated or attested. Such record shall have the same effect that the record or paper for which it is substituted would have had.