WVC 44 -
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
WVC 44 - 13 -
ARTICLE 13. POWERS AND DUTIES OF CLERKS OF COUNTY COURTS IN
COUNTIES HAVING SEPARATE TRIBUNAL FOR POLICE AND
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§44-13-1. Powers of clerk of county court where separate tribunal
for police and fiscal purposes.
In every county in which now exists a tribunal for police
and fiscal purposes heretofore established under section 34 of
article VIII of the constitution of eighteen hundred and seventy-
two, the clerk mentioned in the twenty-sixth section of the
amendment of eighteen hundred and eighty to the constitution
shall exercise any powers and discharge any duties conferred on
or required of the court or tribunal heretofore established for
judicial purposes in such county, or the clerk thereof, before
the adoption of such amendment, and also any powers and duties
now or hereafter conferred on or required of county courts in
other counties, or the clerks thereof, except as it may be
otherwise provided, respecting the recording and preservation of
deeds and other papers presented for record, respecting matters
of probate, the appointment and qualification of personal
representatives, guardians, committees, curators, and the
settlement of their accounts, and respecting all matters relating
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§44-13-2. Who shall act when such clerk interested.
In any matter with respect to which such clerk shall have
power to act but in which he shall be interested, so that it will
be improper for him to act therein, such powers and duties other
than such as are judicial in their nature, may be exercised and
discharged, in the office of the last-mentioned clerk, by the
clerk of the circuit court of the same county, and such powers
and duties, so far as the same are judicial in their nature, may
be exercised and discharged by any judge of the circuit court of
the same county, in the office of the clerk of the county court.
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§44-13-3. Such clerk not to impanel a jury for settlement of
questions of fact.
No jury shall be impaneled before such clerk to settle
questions of fact.
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§44-13-4. Record and order books to be kept by such clerk.
Such clerk shall, respecting the matters of which he is
given jurisdiction by this article, keep such record and order
books as a county court is required by law to keep, and shall
enter therein all proceedings before him.
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§44-13-4a. Reporting of foreclosure statistics.
Beginning with the third quarter of 2010, the clerk of each
county commission shall file quarterly with the West Virginia
Housing Development Fund established in article eighteen, chapter
thirty-one of this code the disclosure forms of deed of trust
foreclosure sales that were recorded in that county for the
preceding calendar year quarter. Up until that time, through the
second quarter of 2010, such quarterly reports shall be filed with
the Division of Banking. The reports shall be filed within fifteen
days of the last day of September, December, March and June of each
year. The reports shall be filed in electronic format, where
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§44-13-5. Duties of such clerk as to acts to be performed at
When any act is required to be done by clerks of county
courts of other counties on the first day of the term of the
county courts, such clerk of the county court in every county in
which such special tribunal for police and fiscal purposes was
established as aforesaid, shall perform such act, under the same
regulations and penalties, on the first Monday of the month.
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§44-13-6. How decisions and orders of such clerk reviewed.
Appeals from the decision rendered and orders made by such
clerk may be had to the circuit court of his county at the
instance of the same persons, in the same manner, by the same
procedure, and within the same time, as from decisions and final
orders of a county court; and when carried into the circuit court
such cases shall be heard and proceeded with there in the same
manner as is provided by law for similar cases appealed from a
Note: WV Code updated with legislation passed through the 2012 1st Special Session