reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 38. Liens › Article 14. Self-Service Storage Lien Act › §38-14-7. Duties; Care, Custody, and Control of Property

(a) The operator shall use reasonable care in maintaining the self-service storage facility for the purposes of storage of personal property.
(b) Unless the rental agreement specifically provides otherwise, the exclusive care, custody, and control of all personal property stored in the leased space remains vested in the occupant.
(c) An occupant may not use a self-service storage facility for residential purposes.
(d) An occupant may not store hazardous waste or contraband in the leased space.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-101. Definitions; Application of Definitions

§38-16-101. Definitions; application of definitions.
For the purposes of this article, the words and phrases defined in the following sections of this part I, and any variation of those words and phrases required by the context, have the meanings ascribed to them in this part I. These definitions are applicable unless a different meaning clearly appears from the context.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-102. Court of Competent Jurisdiction Defined

"Court of competent jurisdiction" means a circuit court, magistrate court or administrative agency within this state or a court or administrative agency of another state, or a court or administrative agency of the federal government having jurisdiction and due legal authority to establish a charge against or an interest in real or personal property by ordering or authorizing the imposition of a lien against the property.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-104. Federal Official or Employee Defined

"Federal official or employee" means an officer or employee of the federal government temporarily or permanently in the service of the United States, members of the military or naval forces of the United States, members of the National Guard, and persons acting on behalf of the United States in an official capacity, whether with or without compensation.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-106. Nonconsensual Common Law Lien Defined

"Nonconsensual common law lien" means a fraudulent lien that is misrepresented as a valid lien because it:
(1) Is not provided for by a specific statute;
(2) Does not derive its existence from the consent of the owner of the affected property; and
(3) Is not an equitable lien or other lien imposed by a court of competent jurisdiction.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-201. Bonafide Liens Are Not Affected by This Article

§38-16-201. Bonafide liens are not affected by this article.
Regardless of whether such liens may also be considered to be common law liens, nothing in this article is intended to affect:
(1) Statutory liens arising under an enactment of the Legislature;
(2) Equitable liens, constructive liens and other liens that are imposed by a court of competent jurisdiction; or
(3) Consensual liens now or hereafter recognized under the common law of this state.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-202. Real Property Common Law Liens Unenforceable; Personal Property Common Law Liens Limited

(a) A common law lien against real property is invalid and is not recognized or enforceable in this state.
(b) A common law lien claimed against personal property is invalid and is not recognized or enforceable if, at the time the lien is claimed, the claimant does not have:
(1) Actual possession, lawfully acquired, of specific personal property against which the lien is asserted; or
(2) Exclusive control, lawfully acquired, of specific personal property against which the lien is asserted.
(c) A valid common law lien claimed against personal property is destroyed or terminated if the person entitled to the lien fails to retain possession or control of the property, unless the person against whom the lien is asserted agrees, in writing, that the lien may continue after delivery of the property from the possession of the lienholder.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-301. Filing or Recording a Claim of Nonconsensual Commonlaw Lien Is of No Force or Effect

§38-16-301. Filing or recording a claim of nonconsensual commonlaw lien is of no force or effect.
A nonconsensual common law lien is invalid and does not constitute a charge against property or create an interest in property. The filing or recording of a document that purports to evidence a nonconsensual common law lien is a nullity and is of no force or effect.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-302. No Duty to Accept Filing of Purported Common Law Lien; No Duty to Reject Filing of Purported Common Law Lien

A clerk of a county commission or other person has no duty to accept for filing or recording any purported claim of a common law lien, because a common law lien is neither authorized by statute nor imposed by a court of competent jurisdiction. A clerk of a county commission or other person has no duty to reject for filing or recording any claim of a common law lien, and the inadvertent or negligent recordation of a claim of a common law lien by a clerk of a county commission or other recorder does not create a cause of action against that official.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-303. Claim of Lien Against a Federal Official or Employee or a State or Local Official or Employee; Performance of Duties; Validity; No Duty to Accept Filing; Notice of Invalid Lien

(a) Any claim of lien against a federal official or employee or a state or local official or employee that is based on the performance or nonperformance of that official's or employee's duties is invalid unless it arises from a specific order of a court of competent jurisdiction authorizing the filing of the lien or unless a specific statute authorizes the filing of the lien.
(b) A person is not obligated to accept for filing any purported claim of lien against a federal official or employee or a state or local official or employee that is based on the performance or nonperformance of that official's or employee's duties unless the claim is accompanied by a specific order from a court of competent jurisdiction authorizing the filing of such lien or unless a specific statute authorizes the filing of such lien. A person has no duty to reject for filing or recording any claim of lien against a federal official or employee or a state or local official or employee that is based on the performance or nonperformance of that official's or employee's duties, and the inadvertent or negligent recordation of such a claim by a clerk of a county commission or other recorder does not create a cause of action against that official.
(c) If a claim of lien as described in subsection (a) of this section has been accepted for filing, the recording officer shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney or other counsel representing the federal agency of which the individual is an official or employee; the assistant Attorney General or other counsel representing the state agency, board, commission, department, or institution of higher education of which the individual is an official or employee; or the prosecuting attorney or municipal attorney or other counsel representing the school district, political subdivision, or unit of local government of this state of which the individual is an official or employee. A copy of the notice of invalid lien shall be mailed by the attorney to the person who filed the claim of lien, at his or her last known address. The clerk of the county commission shall file and index the notice of invalid lien in the same class of records in which the purported claim of lien was originally filed.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-304. No Duty to Disclose Record of Common Law Lien

No person has a duty to disclose an instrument of record or file that attempts to give notice of a common law lien. This section does not relieve any person of any duty which otherwise may exist to disclose a claim of lien authorized by statute or imposed by order of a court of competent jurisdiction.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-305. Immunity From Liability for Failure to Accept Filing or Disclose Common Law Lien

A clerk of the county commission or other person is not liable for the acceptance for filing of an invalid claim of a nonconsensual common law lien, nor for the acceptance for filing of a notice of invalid lien. A clerk of the county commission or other person is not liable for damages arising from a refusal to record or file or a failure to disclose any claim of a purported common law lien of record.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-306. No Duty to Disclose Fraudulent Lien Record; Lien of Purported Court Is a Nullity

(a) An attorney, title insurance company or other title examiner does not have a duty to disclose a fraudulent court record, document, or instrument purporting to create a nonconsensual common law lien asserting a claim on real property or an interest in real property in connection with a sale, conveyance, mortgage, or other transfer of the real property or interest in real property.
(b) A purported judgment lien or document establishing or purporting to establish a judgment lien against property in this state, that is issued or purportedly issued by a court or a purported court other than a court established under the laws of this state or the United States, is a nullity and has no effect in the determination of any title or right to the property.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-401. Notice by Clerk of Fraudulent Lien

§38-16-401. Notice by clerk of fraudulent lien.
(a) If a clerk of the county commission has a reasonable basis to believe in good faith that a document or instrument purporting to evidence an invalid nonconsensual common law lien has been filed or recorded or offered for filing or recording, the clerk shall provide a written notice as follows:
(1) If the document is a purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of a purported court, the clerk shall provide written notice of the filing, recording, or submission for filing or recording to the stated or last known address of the person against whom the purported judgment, act, order, directive, or process is rendered; or
(2) If the document or instrument purports to create a lien or assert a claim on real or personal property or an interest in real or personal property, provide written notice of the filing, recording, or submission for filing or recording to the stated or last known address of the person named in the document or instrument as the obligor or debtor and to any person named as owning any interest in the real or personal property described in the document or instrument.
(b)(1) If the document is not yet filed or recorded, the clerk shall provide written notice under subsection (a) not later than the second business day after the date that the document is submitted for filing or recording; or
(2) If the document or instrument has been previously filed or recorded, the clerk shall provide written notice under subsection (a) not later than the second business day after the date that the clerk becomes aware that the document or instrument may be fraudulent.
(c) For purposes of this section, a document or instrument is presumed to be fraudulent if:
(1) The document is styled as a judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of a purported court; or
(2) The document or instrument purports to create a lien or security interest or otherwise create a charge against real or personal property and:
(A) It is not a document or instrument provided for by the Constitution or laws of this state or of the United States;
(B) It is not created by implied or express consent or agreement of the alleged obligor, debtor, or the owner of the real or personal property or an interest in the real or personal property, or by implied or express consent or agreement of an agent, fiduciary, or other representative of that person; or
(C) It is not an equitable, constructive, or other lien imposed by a court of competent jurisdiction.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-404. Costs and Attorneys' Fees

If, following a hearing on the matter, the court determines that the claim of lien is invalid, the court shall issue an order awarding costs and reasonable attorneys' fees to the petitioner to be paid by the lien claimant. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorneys' fees to the lien claimant to be paid by the movant.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-406. Documents Filed With Secretary of State

(a) If the lien or other claim that is the subject of judicial findings of fact and conclusions of law authorized by this article is one that is authorized by law to be filed with the Secretary of State, any person may file a certified copy of the judicial findings of fact and conclusions of law in the records of the Secretary of State, who shall file the certified copy of the finding in the same class of records as the subject document or instrument was originally filed and index it using the same names that were used in indexing the subject document or instrument.
(b) The Secretary of State may charge a filing fee of $5 for filing a certified copy of judicial findings of fact and conclusions of law under this section.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-501. Liability

§38-16-501. Liability.
(a) A person may not make, present, or use a document or other record with:
(1) Knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;
(2) Intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the Constitution or laws of this state or the United States, evidencing a valid lien or claim against real or personal property or an interest in real or personal property; and
(3) Intent to cause another person to suffer:
(A) Physical injury;
(B) Financial injury; or
(C) Mental anguish or emotional distress.
(b) A person who violates subsection (a) is liable to each injured person for:
(1) The greater of:
(A) $10,000; or
(B) The actual damages caused by the violation;
(2) Court costs;
(3) Reasonable attorney's fees; and
(4) Exemplary damages in an amount determined by the court.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-502. Cause of Action

The following persons may bring an action to enjoin violation of this article or to recover damages under this article:
(1) In the case of a fraudulent judgment lien, the person against whom the judgment is rendered; and
(2) In the case of a fraudulent lien or claim against real or personal property or an interest in real or personal property, the obligor or debtor, or a person who owns an interest in the real or personal property.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-504. Filing Fees

(a) The fee for filing an action under this chapter is $15. The plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as provided by subsection (b), the plaintiff may not be assessed any other fee, cost, charge, or expense by the clerk of the court or other public official in connection with the action.
(b) The fee for service of notice of an action under this section charged to the plaintiff may not exceed:
(1) Twenty dollars if the notice is delivered in person; or
(2) The cost of postage if the service is by registered or certified mail.
(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file with the court an affidavit of inability to pay.
(d) Since the fee imposed under subsection (a) of this section is less than the filing fee the court imposes for filing other similar actions, if the plaintiff prevails in the action, the court may order a defendant to pay to the court the differences between the fee paid under subsection (a) and the filing fee the court imposes for filing other similar actions.
2023 West Virginia Code › Chapter 38. Liens › Article 16. Fraudulent Common Law Liens › §38-16-505. Plaintiff's Costs

(a) The court shall award the plaintiff the costs of bringing the action if:
(1) The plaintiff prevails; and
(2) The court finds that the defendant, at the time the defendant caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent.
(b) For purposes of this section, the costs of bringing the action include all court costs, attorney's fees, and related expenses of bringing the action, including investigative expenses.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 1. Authentication and Record of Writings › §39-1-2. Conditions Under Which County Clerk Shall Admit Deeds, Contracts, etc., to Record

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 in his office, as to any person whose name is signed thereto, when it shall have been acknowledged by him or proved by two witnesses as to him before such clerk of the county court.
But notwithstanding such acknowledgment or proof, such clerk shall not admit to record any contract, deed, deed of trust, mortgage or other instrument that secures the payment of any debt, unless such contract, deed, deed of trust, mortgage, or other instrument sets forth therein who, at the time of the execution and delivery thereof, is the beneficial owner of the debt secured thereby, and where he resides: Provided, however, That in the case of a mortgage or a deed of trust securing an issue of negotiable notes or bonds exceeding five in number and payable to bearer, it shall not be necessary that the mortgage or deed of trust show who are the beneficial owners of such notes or bonds, but in such case such mortgage or deed of trust shall show the name and address of the person or corporation with or by whom the notes or bonds have been, or are to be, first negotiated.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 1. Authentication and Record of Writings › §39-1-2a. Other Requirements for Admission to Record of Certain Instruments

(a) In addition to the other requirements prescribed by law, no instrument by which the title to real estate or personal property, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of, shall be recorded or admitted to record, or filed by the county clerk unless the name of the person who, and governmental agency, if any, which, prepared such instrument appears at the conclusion of such instrument and such name is either printed, typewritten, stamped, or signed in a legible manner: Provided, That the recording or filing of any instrument in violation of the provisions of this section shall not invalidate or cloud the title passing by or under such instrument or affect the validity of such instrument in any respect whatever, and such recorded or filed instrument shall constitute notice with like effect as if such instrument fully complied with the provisions of this section. An instrument will be in compliance with this section if it contains a statement in the following form: "This instrument was prepared by (name)".
(b) This section does not apply to any instrument executed prior to the effective date hereof; to any decree, order, judgment or writ of any court; to any will or death certificate; to any financing, continuation or termination statement permitted to be filed under chapter forty-six of this code; or to any instrument executed or acknowledged outside of this state.
(c) A survey document intended to be used in the transfer of real property, prepared by a licensed surveyor, and filed with a county clerk or accepted by a public official of this state shall have the licensed surveyor's signature and seal or stamp affixed thereto.
(d) If a survey document, prepared by a licensed surveyor, has been altered from its original form, it shall not be filed with a county clerk or accepted by a public official of this state, until the original licensed surveyor has initialed the changes.
(e) A document, plan, map, drawing, exhibit, sketch or pictorial representation prepared by a person exempted under the provisions of thirteen-a, chapter thirty of this code, is not required to have the signature and seal affixed thereto.
(f) A document, plan, map, drawing, exhibit, sketch or pictorial representation altered by a person not licensed under the provisions of article thirteen-a, chapter thirty of this code, shall have the alteration initialed by a surveyor licensed under the provisions of article thirteen-a, chapter thirty of this code.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 1. Authentication and Record of Writings › §39-1-2b. Recordation of Certified Copies of Certain Instruments

Except as provided in this section, the clerk of the county commission of any county shall admit to record in the office of such clerk a copy of any contract, deed of trust, mortgage, lease, memorandum of lease, release, assignment, power of attorney or any other instrument or writing which has been certified by the clerk of the county commission of any other county of this state as being a true and correct copy and transcript from the records of said county. Any such recordations prior to the effective date of this section shall constitute notice with like effect as if such original instrument had been recorded therein. This section does not apply to deeds, wills or to any instrument filed in accordance with chapter forty-six of this code.
2023 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.
2023 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 .......
2023 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)
2023 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 .....
2023 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.
2023 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.
2023 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.....
2023 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......
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-3. Recordation of Certified Copies at Instance of County Court When Record Lost or Destroyed

Where any records have been or shall be lost or destroyed, by fire or otherwise, and the contents thereof shall have been recorded in the clerk's office of any court of any county in this state, or in the Auditor's office, or in any other proper office in this state, the county court of the county wherein such records are so lost or destroyed may cause duly certified copies of the same to be procured from the Auditor's office, such clerk's office or other proper office of any county; and it shall be the duty of the Auditor or the clerk of any court of this state, or other custodian of records, to permit such copies to be made, and, when correctly copied and certified to be true copies of such record, the same shall be recorded in the proper clerk's office of the county wherein such records are lost or destroyed, in well-bound books provided for that purpose, whereupon the record thereof shall have the same force and effect as evidence for all purposes as the original records have, or would have had, and copies may be taken and certified by the clerk in whose office such copied records may be, which copies, when so made and certified by such clerk, shall be received as prima facie evidence for all purposes, and with like effect as copies from original records. And the county court of any county desiring to procure copies of any such records in other counties or offices shall make provision for the payment of such fees therefor as may be allowed by law or agreed upon.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-4. Loss of Court Records; Reentries

Where any book containing judgments, decrees, orders or proceedings of a court, or proceedings at rules, is lost, and there can be again entered correctly, by means of any writing, any matters which were in such book, the court may cause its clerk to have such matters reentered, and such entries shall have the same effect as the original entries.