Senate Bill No. 45
(By Senators Bailey, Mitchell and McKenzie)
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[Introduced January 9, 2002; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section one, article two, chapter
fifty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to giving
magistrates the authority to perform marriages; and
allowing magistrates to charge up to fifty dollars for
performing a marriage.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. JURISDICTION AND AUTHORITY.
ยง50-2-1. Civil jurisdiction.
(a) Except as limited herein in this section and in addition
to jurisdiction granted elsewhere, to magistrate courts such magistrate courts shall have:
(1) Jurisdiction of all civil actions wherein in which the
value or amount in controversy or the value of property sought,
exclusive of interest and cost, is not more than five thousand
dollars; Magistrate courts shall have
(2) Jurisdiction of all matters involving unlawful entry or
detainer of real property or involving wrongful occupation of
residential rental property, so long as the title to such the
property is not in dispute. Except as the same may be Unless in
conflict with the other provisions of this chapter, the
provisions of article three, chapter fifty-five of this code,
regarding unlawful entry and detainer, shall apply to such these
actions in magistrate court; Magistrate courts shall have
(3) Jurisdiction of actions on bonds given pursuant to the
provisions of this chapter; Magistrate courts shall have and
(4) Continuing jurisdiction to entertain motions in regard
to post-judgment process issued from magistrate court and
decisions thereon on the motions may be appealed in the same
manner as judgments.
(b) (1) Individual magistrates may perform marriages at the
request of persons entitled, by virtue of meeting all lawful
requirements, to be married.
(2) A magistrate performing a marriage under the authority of this section may charge a fee not to exceed fifty dollars to
perform the marriage. The fee is to be included as additional
remuneration to the magistrate's annual salary.
(c) Magistrate courts shall do not have jurisdiction of
actions in equity, of matters in eminent domain, of matters in
which the title to real estate is in issue, of proceedings
seeking satisfaction of liens through the sale of real estate,
of actions for false imprisonment, of actions for malicious
prosecution or of actions for slander or libel or of any of the
extraordinary remedies set forth provided in chapter fifty-three
of this code.
(d) Magistrates, magistrate court clerks, magistrate court
deputy clerks, and magistrate assistants shall have the
authority to administer any oath or affirmation, to take any
affidavit or deposition, unless otherwise expressly provided by
law, and to take, under such regulations requirements as are
prescribed by law, the acknowledgment of deeds and other
writings.
NOTE: The purpose of this bill is to give magistrates the
authority to perform marriages. The bill would allow
magistrates to charge up to $50 to perform a marriage, a sum
that would be collected by the magistrate in addition to his or
her regular salary.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.