A BILL to amend and reenact section ten, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing recording fees for deeds of conveyance, trust deeds, leases and power of attorney concerning real estate.

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-10. Fees to be charged by clerk of county commission.

When a writing is admitted to record, for receiving proof of

real estate $ 2.00

If such writing contains more than two pages, for each additional page, in counties where recording is done by photograph, fifty cents; and in counties where recording is done by typewriter, and such writing contains more than one thousand words, three cents for each additional twenty words.

For recording a plat accompanying a deed

or other writing $ 2.00

If such plat contains more than one hundred twenty

square inches, for each additional square inch .010

For recording and indexing a map to be placed in map

book 3.00

If such map contains more than one hundred twenty

square inches, for each additional square inch .010

For recording and indexing assignment 2.00

If such assignment contains more than one reference

to the record of property assigned, for each

reference 1.00

If such assignment does not give the reference to the

record of property assigned, for search of record

to determine such book and page .50

If such assignment contains more than two pages,

for each additional page 1.00

For recording and indexing and noting release of lien 2.00

If such release contains more than one reference to lien

released, for each lien released thereby 2.00

If book and page reference to lien released is omitted,

for search of record to determine such book and

page .50

For filing or refiling and entering conditional sales

contract 2.00

For recording and indexing a satisfaction of a

conditional sales contract 2.00

For filing each financing, continuation or termination

statement or other statement or writing permitted

to be filed under chapter forty-six of the code 2.00

For filing, preserving and indexing a security agreement

filed under chapter forty-six of the code 3.00

For recording and indexing a certificate of

incorporation 2.00

If such certificate contains more than two pages, for

each additional page 1.00

For filing and indexing a certificate showing the name

or names of a person or persons conducting

business under an assumed name 2.00

For certifying to the assessor a transfer of real

estate under section eight, article four, chapter

eleven of the code 1.00

For swearing the witnesses and entering in the order or

minute book, all orders in relation to the proof

of a will which is admitted to record without

contest, and copying such order on the will or on a

paper annexed thereto, when fully proved and but

one order 3.00

If the will be but partially proved on one day, for the

order and entering the same on the will or paper

annexed thereto 1.00

For each subsequent order and entering the same on the

will or paper annexed thereto 1.00

For the same services where there is a contest 8.00

For preparing notices in connection with contest, or any

hearing, each notice 1.00

For recording a will and the matter recorded therewith

in the will book 2.00

If will and matter recorded therewith contains more

than two pages, for each additional page 1.00

For entering orders and transmitting papers in case of

appeal 3.00

If such order and transmittal contains more than five

pages, for each additional page 1.00

If any personal representative or guardian qualify for

administering necessary oaths, notating the bond,

entering and copying on the will, order granting

probate or administration, making out copy of such

order for personal representative or guardian,

entering and copying orders of appraisement 2.00

For each additional copy of qualification order 1.00

If several personal representatives qualify on the same

estate at the same time or term the same fee shall

be charged as if one had qualified, to wit 2.00

For entering and copying an order granting a license

under provisions of article twelve, chapter eleven

of the code 1.00

For certificate for a license or endorsing assignment

thereof 1.00

For issuance of marriage license, for preparing the

application and administering the oath, for

registering and recording the license, for mailing

acknowledgment of minister's return to one of

licensees, for notifying one of licensees after sixty

days of the nonreceipt of the minister's return 8.00

One dollar of the latter fee shall be paid by the county

clerk into the state treasury as a state registration

fee, in the same manner that license taxes are paid

into the treasury under article twelve, chapter eleven

of the code.

For search of anything in his office of over a year's

standing, unless otherwise required by statute .50

For recording certificates and posting a copy thereof

under the provisions of section two, article one,

chapter thirty-four of the code 1.50

For docketing or redocketing under article three, chapter

thirty-eight of the code, a judgment, decree, bond or

recognizance 1.00

If such writing contains more than one page, for each

additional page 1.00

For recording and indexing an execution and noting the

date of issuance and the date of filing of same upon

the judgment record 1.50

For making out a transcript of the record and proceedings

in any case in due form so that the same may be used

in appellate court, such fee shall be the same as

specified herein for recording.

For making out, in any other manner than copying, any

paper to go out of the office which is not otherwise

provided for 1.50

If such paper contains more than two pages, for each

additional page 1.00

For any copy, if it be not otherwise provided for 1.50

If such copy contains more than two pages, for each

additional page 1.00

For annexing the seal of the court to any paper, writing

certificates of clerk accompanying it 1.00

For writing a certificate of the president of the court

or judge, when the clerk be required to do so 1.00

For recording and indexing an inventory or sale bill 1.50

If such writing contains more than two pages, for each

additional page 1.00

For entering an order confirming the report of a

fiduciary 1.00

For recording and indexing such report and matter recorded

therewith . 3.00

If such report contains more than four pages, for each

additional page 1.00

For recording and indexing any bond required by law to be

recorded, including the certificate or other

evidence of its execution 1.50

If such bond and certificate contains more than two pages,

for each additional page 1.00

For recording and indexing a notice of mechanic's

lien 1.50

If such notice contains more than two pages, for each

additional page 1.00

For recording contract limiting liability of owner and

bond of contractor to be filed therewith, as

prescribed in article two, chapter thirty-eight

of the code 2.00

If such contract and bond contains more than two pages,

for each additional page 1.00

For recording and indexing a notice of lis pendens 1.50

If such notice contains more than two pages, for each

additional page 1.00

For recording a certificate of real estate claimed as a

homestead 1.00

For administering an oath not herein provided for, and

writing a certificate thereof where the case requires

one 1.00

For recording a writing containing pages in excess of

legal size, 8 1/2" X 13", additional fee for each

page, where recording is by photograph .50

For recording and indexing instruments not specifically

provided for herein 1.50

If such instrument contains more than two pages, for

each additional page 1.00

For recording anew any will, deed or other paper, the

same fee herein provided for the original recording.

For any service other than recording and indexing not

specifically provided for, the same fee as a clerk

of the circuit court for similar services.

All acts or parts of acts in conflict herewith are hereby

repealed.