WVC 59 - 1 - 25
§59-1-25. Accounting for fees.
Every sheriff or collector to whom such fee bills are so
delivered shall, on or before the first day of July 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.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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