Senate Bill No. 69
(By Senator Bailey)
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[Introduced January 8, 2003; 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.
§50-2-1. 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.