reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-16. Amount of Allowance to Witnesses for Attendance; How and When Made

A person attending any court or other tribunal, under a summons or recognizance as a witness, shall receive not less than ten nor more than $20, to be fixed by the court or other tribunal, for each day's attendance and 15¢ per mile for each mile necessarily traveled to the place of attendance, and the same for returning, plus all necessary bridge, ferry and road tolls. On his oath, an entry of the sum he is entitled to, and for what, and by what party it is to be paid, shall be made. When the attendance is before either house or a committee of the Legislature, such entry shall be made by the clerk of such house or the chairman of such committee, and in other cases by the clerk of the court or other tribunal before which, or by the person before whom, the witness attended. A witness summoned or recognized to attend in several cases may have the entry made against any one of the parties by whom he is summoned, or for whom he is sworn as a witness, but no witness shall be allowed for his attendance in more than one case at the same time. But no compensation shall be allowed to a witness before a grand jury. This section shall not apply to witnesses before justices of the peace.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-17. By Whom Witnesses Paid; on What Certificate; Clerk's Certificate as to Claims; Dispute as to Claims

The sum to which a witness is entitled shall be paid out of the treasury in any case of attendance before either house or a committee of the Legislature, and in any other case in which the attendance is for the state except where it is otherwise specially provided. In all other cases it shall be paid by the party for whom the summons issued. The payment shall be on the certificate of the person required by the preceding section to make the entry. The certificate shall express by letters, and not by figures, the separate amounts to which the witness is entitled for his attendance, traveling tolls and ferriages which he may have to pay, and the aggregate thereof. No clerk or other person authorized to make such entry or give such certificate shall become interested by purchase in any claim payable out of the public treasury, which by law he is authorized to certify. And it shall be the duty of such clerk, as soon as possible after the adjournment of any court, to make out a list of all entries made on behalf of witnesses attending for the state, whose fees are payable out of the treasury, and certify such list to the Auditor. Any dispute (before or after issuing the certificate) between the witness and the party against whom his claim is made, as to its justice or amount, may, when the case is in a court or before a justice, be determined by such court or justice.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-18. To Whom Fees Charged; Services by Clerks and Sheriffs Without Fees

The fees mentioned in this article shall be chargeable to the person at whose instance the service is performed; except that the fees for entering and certifying the attendance of witnesses, and proceedings to compel payment for such attendance, shall be charged to the party for whom the witness attended, and except also as follows: No clerk shall charge for taking bond from, administering oaths to, or copying orders as to the appointment or qualification of any county, school or district officer, or for filing the bonds or oaths of any such officer, nor for making or copying orders as to county levies or grand juries and administering the necessary oaths. No sheriff shall charge for serving such or any other public orders nor for summoning and impaneling grand juries. No clerk or sheriff shall receive payment out of the treasury for any service rendered in case of the state, except where it is allowed by law.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-19. Fee Books of Clerks

Every clerk of a court shall keep a fee book, wherein shall be entered the fees for every service performed by him and the fact of such fees having been paid, or of a bill having been made out therefor, whichever shall happen first. The fee books of a clerk shall be submitted to the inspection of commissioners appointed to examine the clerk's office.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-20. Making Out Fee Bills; Motion to Quash Improper Fee Bill; Prepayment of Fees

No person shall be compelled to pay any fees before mentioned due to an officer, until there be produced to him a fee bill signed by the officer to whom the fees are due, expressing particulars for which such fees are charged. And no such fee bill shall be made out for any service not previously performed, except as hereinafter provided, unless a person desire to pay before such performance, in which case there shall be mentioned in such fee bill the nature of the service and the fact that it is to be performed. Nor shall an officer, for any service, make out a fee bill for more than is allowed therefor. Nor shall he for the same service, attempt to obtain payment a second time; nor ever make out a fee bill a second time, unless he indorse the fact that the fee bill made out is a second fee bill and swear that the former bill remains unpaid. For each item in which an officer shall violate this section, he shall forfeit $5 to any person prosecuting therefor, and the circuit court of the county in which an officer resides may on motion, after reasonable notice to him quash any fee bill made out by him contrary to law. But any officer may demand his fees in advance for any particular service required to be performed by him for any person not residing in his county, and if such fees be not paid or secured to him the officer may refuse to perform the service until they are paid or secured. In such cases, the fee bill shall state the nature of the service, and that it is to be performed.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-21. Fee Bills of County Clerk

The clerk of the county court may make out tickets for his fees and place them in the hands of the sheriff, or other officer, to be collected and accounted for in the same manner that the fees of the clerk of the circuit court are collected and accounted for. The clerk of the county court shall be subject to the same penalties as the clerk of the circuit court for issuing fee bills wrongfully.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-22. Duties of Successor of Deceased Clerk With Reference to Fee Books and Fee Bills

When a clerk dies, his successor shall charge in the fee books of the clerk's office such lawful fees as do not appear to have been charged therein for services performed by the decedent, and make out fee bills for such fees, and also for any fees charged on such books by the decedent for which he does not appear to have made out fee bills in his lifetime; except that such of those as appear to such successor to be for more than is allowed by law shall be reduced by him so far as, in his judgment, is necessary to make them legal.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-23. Requisites and Effect of Fee Bills for Services of Deceased Clerk

The fee bills made out under the preceding section shall show on their face that they are for fees due the decedent, shall be signed by his successor, and shall have the same force and effect and shall be dealt with by all officers as if they were for fees accruing for services performed by such successor. All fee bills made out by such deceased clerk in his lifetime shall go to the custody of his successor and shall be dealt with by him and all officers as if they were fee bills made out by him for his own services.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-24. Collection of Fees; Receipt

Every officer mentioned in this article shall, on or before July 1, in any year, deliver fee bills for all fees then due and unpaid, duly signed, to any sheriff or collector of the public taxes, who shall receive and endeavor to collect the same. A sheriff or collector may distrain therefor, or for any fee bills due himself such property of the person to whom the fees are charged as might be levied on under a writ of fieri facias against him except as hereinafter mentioned, and the fourteenth, fifteenth and sixteenth sections of article nine, chapter eleven of this code shall apply to such fee bills in like manner as to taxes. Every such officer shall deliver to each person who pays him or from whose property he makes such fees, a receipt for all that is so paid or made.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-25. Accounting for Fees

Every sheriff or collector to whom such fee bills are so delivered shall, on or before July 1, next after such delivery, account therefor with the officer entitled thereto by returning such as he may not have collected, with the indorsement thereon of the words "No property found," and by paying to such officer or his legal successor the amount of all not so returned. If he fail so to do, judgment may be obtained, on motion, against such sheriff or collector, and his sureties, and his and their personal representatives, for the amount with which such sheriff or collector is chargeable, and damages thereon, not exceeding fifteen percent per annum, from said first day of July until payment. Such judgment may be on motion in the circuit court of the county in which such sheriff or collector resides, and if the fees be due to the clerk of the Supreme Court of Appeals, it may be in the circuit court of the county in which the seat of government may be. On such motion, any receipt for fees mentioned in the notice as signed by any person shall be deemed to be his signature unless an affidavit be filed denying it, and shall be prima facie evidence of the collection of all the fees mentioned therein, not returned as aforesaid.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-26. Limitation on Distress or Suit for Collection of Fees

No fee, when a fee bill has not been issued, shall be collected by distress or suit after ten years from the time when the service was done that is charged for therein; or, if a fee bill has been issued, after ten years from the time when the last fee bill was issued.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-27. Lodging Fee Bills and Certificates in Clerk's Office; Application of Costs to Payment Thereof; Prepayment or Security to Officer

An officer or witness to whom, for fees or attendance, anything is due that is taxed in the costs for which there is judgment or decree, may, within ten days after such judgment or decree, lodge in the clerk's office of the court wherein the same is rendered, his fee bills for such fees, or certificate for such attendance. The amount due each officer or witness, for what is so lodged, shall, within said ten days, be noted in the margin of the order or execution book, opposite the entry of the case. An officer or witness whose fees or certificate shall have been so noted shall be paid the same out of the costs, by the person against whom the judgment or decree is; and the right to such payment shall be valid against any assignee of the judgment or decree. When the clerk issues execution in such case, he shall indorse thereon how much of such costs is for each officer or witness whose fees or certificate may be so noted; and the officer collecting such costs shall pay the same accordingly to those entitled thereto. No officer mentioned in this chapter shall be obliged to perform services for any person out of his county, unless payment of his fees for such services be made or secured; nor to perform services for any person against whom he has had fee bills returned, which remain unsatisfied, unless he be secured payment of his fees for the services desired, or performance of such services be directed by a court.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-28. Use and Disposition of Fees of Sheriffs, Clerks and Prosecuting Attorneys

Except for the funds designated in section twenty-eight-a of this article, all fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind which by law may now or hereafter be collected or received as compensation for services by any clerk of the county commission, sheriff, clerk of the circuit court or of any court of limited jurisdiction, and prosecuting attorney shall be collected and received by such officer for the sole use of the treasury of the county in which he is an officer, and shall be held as public moneys belonging to the county fund, and shall be accounted for and paid over as such in the manner hereinafter provided. Nothing in this article shall be construed to require any county officer to pay into the county treasury any fees earned prior to May 21, 1915. Fees are held to be earned at the time the service is rendered and not at the time the matter is finally adjudicated.
Notwithstanding any provision of law to the contrary, all fees collected by a sheriff for service of all manner of process from magistrate court, in addition to such other funds as may be provided by the county commissions, shall be dedicated by the county commission to the office of sheriff for providing bailiff and service of process services for magistrate court.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-29. Collection of Such Fees

Each clerk of the county commission, sheriff, clerk of the circuit court and prosecuting attorney shall have charge of and collect the fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind which are now or may hereafter be allowed by law. Whenever there remain due the county and unpaid, for a period of more than six months, any fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of any kind, it shall be the duty of the county commission, or other tribunal in lieu thereof, by the prosecuting attorney, to proceed to the collection thereof in the circuit court or magistrate court, upon motion whereof the defendant and the sureties on his bond shall have at least twenty days' notice, or in any other manner provided for by law, and the amount so collected shall be paid into the county treasury to the credit of the general county fund.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-30. Books of Account to Be Kept by Officers

Each of the officers named in the preceding section shall keep full and regular accounts, subject at all times to the examination of the county court, or tribunal in lieu thereof, the State Tax Commissioner or any individual, of all sums charged or collected by such officers on account of official fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind, and such book of accounts shall be a part of the records of the respective offices herein named belonging to the county, and shall be transmitted by each county officer to his successor in office. The system of books and accounts to be kept by the officers herein named shall be prescribed by the State Tax Commissioner, ex officio inspector and supervisor of public offices.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-31. Monthly Payments; How Credited; Report Required

Except for the funds designated in section twenty-eight-a of this article, each of the officers named in section twenty-nine of this article shall at the end of each month pay into the county treasury all fees, costs, percentages, penalties, commissions, compensation, income and all other perquisites of whatever kind collected by his office during such month, which money shall be credited to the general county fund.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-32. Reduction or Remission of Fees Prohibited; Penalty for Default in Payment

None of the officers named in section twenty-nine of this article shall be authorized to make any reduction, abatement or remission of any of the fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind that it may be their duty to charge and collect. If any such officer shall wilfully make default in the payment of fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind received and collected by him for a period longer than ten days after the end of the month during which the same were collected, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500, and in the discretion of the court may be imprisoned not more than thirty days, and may be removed from his office, and he and the sureties on his bond shall be liable for any and all such moneys collected. If any such officer shall fail to pay such fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind, to the treasurer of his county, and shall appropriate the same for his own use, or shall fail to pay over such fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind, within thirty days after demand has been made upon him by the county court of his county, or tribunal in lieu thereof, or prosecuting attorney, he shall be guilty of embezzlement, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than five years, and shall forfeit his office; and if any deputy or assistant of any such officer shall appropriate to his own use any fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind, or fail to pay the same within thirty days after demand has been made upon him by the county court, or tribunal created in lieu thereof, or prosecuting attorney of his county, he shall be guilty of embezzlement, and, upon conviction, be confined in the penitentiary not less than one nor more than five years.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-33. Deposit for Costs

When any action at law, suit in equity or other proceeding is instituted, the clerk of the court wherein the same is instituted shall require from the plaintiff a reasonable deposit of money for the services to be performed by himself or any other officer named in this article: Provided, however, That such clerk shall not be required to pay any part of such deposit to any officer (other than himself) for any services to be performed, unless he is directed so to do by the plaintiff at the time such deposit is made. The action, cause or proceeding wherein any deposit is made shall be credited therewith, and there shall be charged against such deposit all payments made by the clerk to any other such officer for services performed by the latter; and at the end of the month such clerk shall be required to pay into the county treasury such part of the deposit as has been earned by services performed by him or by any other officer whose services he has been directed by the plaintiff to pay. Upon the appearance of any defendant to any action at law (other than criminal cases), suit in equity or other proceeding, such defendant shall likewise be required to deposit with the clerk a reasonable amount, and the same shall be applied and accounted for in like manner as a deposit made by the plaintiff or petitioner. After demand by the clerk for deposit provided for in this section he shall not be required to perform any service until the demand is complied with, unless affidavit is filed as provided for by section one, article two of this chapter.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-35. Supervision by Chief Inspector of Public Offices

If, upon any examination made under authority of article nine, chapter six of this code, it is disclosed that the provisions of this article are not being complied with, the chief inspector and supervisor of public offices shall have authority to institute or cause to be instituted the necessary proceedings to enforce the provisions of this article. All books, records, blanks, forms, and forms for verifications, required to carry out the provisions of this article, shall be prescribed by the chief inspector. If any person shall swear falsely in any verification required under this article, he shall be guilty of false swearing, and, upon conviction thereof, shall be punished as provided by law for such offense, and by forfeiture of his office.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-36. Fees and Allowances for Poor Persons

If a person shall present to the proper collecting officer such person's written statement, certified by the chief executive officer of a duly chartered legal aid society, that he is pecuniarily unable to pay any of the fees and allowances mentioned in this article, he shall be forgiven and not required to pay such costs.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-37. Deposits by County Officers in Noninterest Bearing or Interest Bearing Accounts; Payment to County General Fund; Annual Report

Except as to any tax receipts, which shall be deposited in accordance with section four, article six, chapter seven of this code, when any fee, cost, percentage, penalty, commission, allowance, bond, deposit, surety or other cash payment or sum is to be held by the sheriff, the prosecuting attorney, the county commission, an official of an agency or entity created by the county commission, the clerk of the county commission, the clerk of the circuit court or the assessor of any county under any provision of law or proper order of the circuit court, said officer shall deposit the same in an account or accounts which may, at his or her sole discretion, be an interest bearing account or accounts in secure and properly insured banks. All money collected, including cash and checks, shall be deposited intact on the first available business day: Provided, That the requirement for deposits on the first available business day shall not apply to the county assessor, nor shall it apply to any county officer if the amount to be deposited is less than $500. Any interest earned on such accounts, and not otherwise included in any refund, return or reimbursement of said fees, costs, penalties, commissions, allowances, bonds, deposits, sureties or other cash payments or sums, as directed by law or proper order of the circuit court, shall be paid into the county's general fund on a regular basis, but in no event less often than quarterly.
All county officers shall report to the county commission by July 1, each year concerning his or her election to use interest bearing accounts, amounts currently on deposit and interest actually earned on such accounts.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-38. County Officers to Issue Receipts of Collections

Any county officer, as described in section thirty-seven of this article, who receives a fee, cost, percentage, penalty, commission, allowance, bond, deposit, surety or other cash payment or sum shall issue a receipt to the payor thereof, in duplicate, on a form approved by the chief inspector, in accordance with the provisions of article nine, chapter six of this code. The county officer shall issue the original of such receipt to the payor and shall retain the copy. The chief inspector shall prescribe the minimum information to be included on such receipt forms.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-39. Removal of County Officer

If any county officer shall fail to comply with the provisions of this article, the chief inspector may, in addition to any other remedies provided by law, seek the removal from office of such county officer, in accordance with provisions of section seven, article six, chapter six of this code.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-3. New Bond

On motion of an obligor in such bond, after reasonable notice to the plaintiff, his attorney or agent, the court may order a new bond to be given, with sufficient security, conforming to all the requirements of the preceding section, in a penalty equal to the penalty of the former bond. If the bond required under this section be not given within such time as the court may prescribe, it may order the suit to be dismissed. If such new bond be given, the surety in the former one shall be relieved from any liability he might have incurred because of having executed or acknowledged the same. After the notice has been given to the plaintiff, his attorney or agent, no further proceedings shall be had in such cause, until such new bond is given with sufficient security, or a sufficient excuse is given for not executing the same.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-4. Costs on Motions and Interlocutory Proceedings

Upon any motion (other than for a judgment for money), or upon any interlocutory order or proceeding, the court may give or refuse costs, at its discretion, unless it be otherwise provided. It may, when a demurrer is sustained to a plea in abatement, give judgment for the plaintiff for his full costs to the time of sustaining it; and when any other part of the proceedings is adjudged insufficient, it may order all costs occasioned by such insufficiency to be paid by him who committed the fault.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-5. Payment of Costs on Granting of New Trial or Continuance

New trials may be granted upon the payment of costs, or with the costs to abide the event of the suit, as to the court may seem right. If the party who is to pay the costs of the former trial fail to pay the same at or before the next term after the new trial is granted, the court may, on the motion of the opposite party, set aside the order granting it and proceed to judgment on the verdict, or award execution for such costs, as may seem to it best. Where a case is continued at the costs of a party against the consent of the opposite party, the court may, in its discretion, award an execution for the costs of such continuance.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-6. Where Recovery of Damages Less Than Fifty Dollars in Action Ex Delicto

In any personal action not on contract, which might be brought and prosecuted to judgment in a justice's court, if a verdict be found for the plaintiff, on an issue or otherwise, for less damages than $50, he shall not recover, in respect to such verdict, any costs, unless the court enter of record that the object of the action was to try a right besides the mere right to recover damages for the trespass or grievance in respect of which the action was brought, or that the said trespass or grievance was wilful or malicious.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-7. Judgment Where Recovery Is Fifty Dollars or Less in Action Ex Contractu

In any personal action on contract instituted in a court of record, wherein it is ascertained that not more is due the plaintiff than $50, exclusive of interest, judgment shall be given for the defendant, unless the court enter of record that the matter in controversy was of greater value than fifty dollars, exclusive of interest; in which case it may give judgment for the plaintiff for what is ascertained to be due him with or without costs, as to it may seem right.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-8. Costs on Final Judgment; Judgment For, or Discontinuance as To, Some of Defendants

Except where it is otherwise provided, the party for whom final judgment is given in any action, or in a motion for judgment for money, whether he be plaintiff or defendant, shall recover his costs against the opposite party; and when the action is against two or more, and there is judgment for or discontinuance as to some but not all of the defendants, those for whom there is judgment, or as to whom there is such discontinuance, shall recover their costs.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-9. Costs When Original Papers or Record Replaced

For replacing the original papers in any cause, or the record in an appellate court, or supplying papers lost in cases decided, the costs and expenses shall be ascertained under the direction of the court, and adjudged against any party or parties in the cause, or divided among them as the court may, in its discretion, determine to be equitable; and so, also, when new pleadings are ordered.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-11. Laws as to Costs Not Deemed Penal; Discretion of Court of Equity as to Costs; Costs in Appellate Courts

The laws of costs shall not be interpreted as penal laws; nor shall anything in this article take away or abridge the discretion of a court of equity over the subject of costs, except that in every case in an appellate court costs shall be recovered in such court by the party substantially prevailing.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-12. Costs When Case Dismissed for Want of Jurisdiction

In any instance where a case, an appeal, writ of error or supersedeas shall be dismissed for want of jurisdiction, the court shall render judgment against the party who improperly invoked the jurisdiction of the court for all costs, whether accruing in the trial court or in any appellate court, which result from such wrongful invoking of the jurisdiction, provided they be otherwise properly chargeable against him
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-14. Taxation of Statute Fees

He shall include in the costs to the prevailing party:
(a) In any civil action, $10;
(b) In civil actions in any court of limited jurisdiction, the same fees as are allowed in a circuit court for like actions.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-15. General Taxation of Costs

The clerk shall tax in the costs all fees of officers, or other persons properly acting in lieu of officers, which the said party appears to be chargeable with, in the case wherein the recovery is, except that where, in any court on the same side, more than one copy of anything is obtained or taken out, in which may be included a copy of any pleading in a pending case, there shall be taxed only the fee for one copy of the same thing. He shall also tax 50¢ for each legal notice from such party therein, served in this state, and not otherwise taxed; the costs of executing any order of publication made in the case for such party and of any advertisement from him in the case, made in pursuance of law; and the allowances to his witnesses, and every further sum which the court may deem reasonable and direct to be taxed for depositions, taken in or out of the state, or for any other matter.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-16. Taxation of Costs for Witnesses; Entry After Execution or Adjournment; Assignment or Transfer of Costs

The court may restrict the taxation in the costs for witnesses to so many as may be deemed just. No entry for a witness shall be made against a party recovering costs after execution has issued for such party; and in no case shall there be an entry of a witness for attendance at a term of court after the adjournment of such term. No assignment or transfer of any costs, expenses or fees payable out of the State Treasury shall be valid unless the same be in writing, indorsed on or annexed to the voucher issued therefor, signed by the person entitled thereto and duly acknowledged before an officer authorized by law to take acknowledgments of deeds or other writings, or attested by two witnesses who shall state their respective names and post- office addresses.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-17. Fees of Prosecuting Attorney

The clerk shall include in the costs, for fees of the prosecuting attorney, the following:
(a) In cases of misdemeanor, or an action upon a bond for a violation of the license laws, $15, of which $5 of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
(b) In a case of bastardy, $10;
(c) In a suit or proceeding upon a forfeited recognizance upon behalf of the state, five percent upon the amount recovered and paid into the treasury;
(d) In cases of felony, $35, of which $5 of that amount shall be deposited in the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code;
(e) In any other case of the state, if a different fee is not prescribed, $10.
Such fees shall be collected and accounted for as provided in article one of this chapter, but shall not in any case be paid out of the county or State Treasury.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-18. Judgment or Decree on Behalf of State for Costs

In a case wherein there is judgment or decree on behalf of the state for costs, there shall be taxed in the costs the charge actually incurred to give any notice, although it be more than 50¢ and mileage, and the fees of attorneys and other officers for services, and allowances for attendance, as if such fees and allowances were payable out of the treasury. What is so taxed for fees of, or allowance to, any person shall be collected, paid over and accounted for according to law.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 2. Costs Generally › §59-2-19. Premiums on Surety Company Bonds

The clerk or justice shall include in the costs of all actions, suits or proceedings, and the party entitled to recover costs may recover as part thereof, such sum as may have been paid by such party to a company, authorized under the laws of this state so to do, for executing or guaranteeing any bond, undertaking, or obligation therein, not exceeding, however, one third of one percent per annum on the amount of such bond or obligation.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 3. Newspapers and Legal Advertisements › §59-3-4. Proof of Publication and Posting

(a) Any qualified newspaper publishing a legal advertisement incident to any type of judicial proceeding or any provision in a deed of trust or contract, or incident to any other case if required by the responsible party placing the legal advertisement for publication, shall make and furnish under oath an affidavit of publication of each legal advertisement published, showing the number of times it was published in the qualified newspaper, the dates of the publications and the cost of the publications. When posting of any legal advertisement is required in addition to publication of the legal advertisement in a qualified newspaper, the posting shall be done by the party responsible for causing the legal advertisement to be published. In any case where any legal advertisement is not required to be published in a qualified newspaper but is required to be posted, an affidavit of the type provided for in this section with respect to posting shall be made by the party who would have been responsible for causing the legal advertisement to be published in a qualified newspaper had it been required.
(b) The affidavit of the publisher or proprietor of a qualified newspaper required by this section, together with a copy of the legal advertisement as published, constitutes prima facie evidence that the legal advertisement was published or published and posted as stated in the affidavit.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 3. Newspapers and Legal Advertisements › §59-3-5. Mandamus to Compel Publication

Any citizen, taxpayer, or the publisher or proprietor of any qualified newspaper entitled by law to have any legal advertisement published in his qualified newspaper, which any county court or tribunal created in lieu thereof, Board of Education, governing body of any municipal corporation, or public officer, shall fail or refuse to make, may have a writ of mandamus to compel such publication, if a qualified newspaper is willing to accept the legal advertisement for publication at the rates prescribed in section three of this article.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 3. Newspapers and Legal Advertisements › §59-3-6. Political Advertisements

In no case involving the publication of paid advertisements for candidates for political office shall the rate charged by any publisher or proprietor of any newspaper be more than the average rate received by him from private patrons for similar advertising composed of reading matter or photographs and requiring the same amount of space.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 3. Newspapers and Legal Advertisements › §59-3-7. Criminal and Civil Penalties

(a) Any person who publishes a legal advertisement and who knowingly refused to file with the Secretary of State the affidavit for the fiscal year in which the legal advertisement was published, as required by the provisions of section three of this article, or to make and furnish the affidavit required by the provisions of section four of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000.
(b) Any person who shall knowingly file a false affidavit required by the provisions of this article shall be guilty of false swearing, and, upon conviction thereof, shall be punished as provided for that offense.
(c) Any qualified newspaper which shall knowingly charge any rates in excess of those specified in section three of this article, and any newspaper which shall knowingly charge any rates in excess of those specified in section six of this article, as the case may be, shall be liable to the person damaged thereby for treble damages.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 3. Newspapers and Legal Advertisements › §59-3-8. Construction of Article; Repeal; Subsequent Legislation

This article is intended to standardize and make uniform certain areas of the law relating to newspapers, qualified newspapers, legal advertisements and publication of a newspaper or qualified newspaper, and to this end all other provisions in this code or elsewhere in law pertaining to such subjects shall be construed so as to conform to and be consistent with the pertinent provisions of this article. As to those provisions in this code or elsewhere in law which are so inconsistent with the provisions of this article as to preclude such construction, such other provisions, whether general or specific in character, are hereby repealed to the extent of such inconsistency. No subsequent legislation shall be held to supersede or modify the provisions of this article except to the extent that such legislation shall do so specifically and expressly. The provisions of this act shall not affect the publication and/or posting of any legal advertisements commenced, in process or completed prior to the effective date of this act.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 3. Newspapers and Legal Advertisements › §59-3-9. Severability

If any provision of this act or the application thereof to any person or circumstances is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the act, and to this end, the provisions of this act are declared to be severable.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 1. General Provisions › §60-1-1. Purpose of Chapter; Declaration of Legislative Findings, Policy and Intent

The purpose of this chapter is to give effect to the mandate of the people expressed in the repeal of the state prohibition amendment; and it is hereby found by the Legislature and declared to be the public policy of this state to regulate and control the manufacture, sale, distribution, transportation, storage and consumption of alcoholic liquors and at the same time to assure the greatest degree of personal freedom consistent with the health, safety, welfare, peace and good morals of the people of this state. To these ends the police power of this state is pledged to the sound control and the temperate use of alcoholic liquors. In order to further promote and foster the hereinabove policy of the Legislature, the provisions of this chapter and of the rules and regulations promulgated pursuant thereto shall be construed so as to accomplish and effectuate these stated purposes.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 1. General Provisions › §60-1-3. Restrictions on Sale, Manufacture or Consumption; Exceptions

Subject to the provisions of this chapter, alcoholic liquors, in this state:
(1) Shall be sold only in sealed packages, except by organizations licensed under authority of article seven of this chapter.
(2) Shall not be sold for consumption on the premises where sold, except as authorized by article seven of this chapter.
(3) Shall be manufactured only by persons licensed under the provisions of this chapter.
(4) Shall not be consumed or sold for consumption in a public place.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 1. General Provisions › §60-1-4. Sales to Be Made by or Through West Virginia Alcohol Beverage Control Commissioner

Alcoholic liquors shall be sold at wholesale and retail in this state only by or through the West Virginia Alcohol Beverage Control Commissioner or retail agencies established by him or any predecessor commissioners or commission, except as authorized by articles seven and eight of this chapter.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 1. General Provisions › §60-1-5a. Farm Wineries Defined

(a) For the purpose of this chapter "Farm winery" means an establishment where in any year 50,000 gallons or less of wine, which includes hard cider, and nonfortified dessert wine are manufactured exclusively by natural fermentation from grapes, apples, pears, peaches, other fruits or honey, or other agricultural products containing sugar and where port, sherry, and Madeira wine may also be manufactured, with 25 percent of such raw products being produced by the owner of the farm winery on the premises of that establishment and no more than 25 percent of such produce originating from any source outside this state. Any port, sherry, or Madeira wine manufactured by a winery or a farm winery shall not exceed an alcoholic content of 22 percent alcohol by volume and shall be matured in wooden barrels or casks.
(b) Notwithstanding the provisions of subsection (a) of this section, a farm winery may include one off-farm location. The owner of a farm winery may provide to the commissioner evidence, accompanied by written findings by the West Virginia Agriculture Commissioner in support thereof, that the owner has planted on the premises of the farm winery young nonbearing fruit plants. The commissioner may grant permission for one off-farm location when the location produces in an amount equal to that reasonably expected to be produced when the nonbearing fruit plants planted on the farm winery come into full production. The length of time of the permission to use an off-farm location shall be determined by the commissioner after consultation with the Agriculture Commissioner.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 1. General Provisions › §60-1-5b. Mini-Distilleries Defined

For the purpose of this chapter: "Mini-distillery" means an establishment where in any year no more than 50,000 gallons of alcoholic liquor is manufactured with no less than 25% of raw agricultural products being produced by the owner of the mini-distillery on the premises of that establishment, and no more than 25% of raw agricultural products originating from any source outside this state:
Provided,
That the maximum allotted production amounts shall not exceed the annual incremental production limitations provided for pursuant to section three-a of this article.