H. B. 2041
(By Delegate Brown, (By Request))
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §39-2-2 of the Code of West Virginia,
1931, as amended; and to amend and reenact §55-2-12 of said
code, all relating to requiring all records to be preserved
indefinitely; and removing the statute of limitations on
certain personal actions.
Be it enacted by the Legislature of West Virginia:
That §39-2-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §55-2-12 of said code be amended
and reenacted, all to read as follows:
CHAPTER 39. RECORDS AND PAPERS.
ARTICLE 2. GENERAL INDEX AND PRESERVATION OF RECORDS.
§39-2-2. Contents of general indexes.
In the appropriate general index in the office of the clerk of
the county court commission, to the extent that the same has been
or shall be is provided, shall be indexed the names of all grantors and grantees of deeds, trust deeds, release deeds, contracts,
leases, or other writings; the names of the parties to marriage
records; and the names of all persons for or against whom judgments
or decrees are rendered: Provided, That all records shall be
preserved indefinitely. Where a deed has been executed by a
trustee, a special commissioner or other officer, it shall be
indexed in the name of the former owner of the property conveyed,
as well as in the name of the person executing such the deed. In
the general index in the office of the clerk of the circuit court,
or other court of record, to the extent that such the index has
been or shall be is provided, shall be indexed the names of all
plaintiffs and defendants, versus and adversus, for or against whom
judgments or decrees have been rendered, at law or in chancery. In
addition to the foregoing requirements, any clerk may include, or
direct to be included, in any general index, such data as he or she
shall deem considers proper. It shall be is the duty of every
clerk for whose office a general index has been provided, to make
all proper entries in each general index in his or her office
within a reasonable time after making the recordation to which the
index entry pertains.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION;
JUDICIAL SALE.
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-12. Personal actions not otherwise provided for.
Every personal action for which no limitation is otherwise
prescribed shall be brought: (a)
Within two years next At any time
after the right to bring the same shall have accrued, if it
be is
for damage to property; (b) within two years next after the right
to bring the same
shall have has accrued if it
be is for damages
for personal injuries; and (c) within one year next after the right
to bring the same
shall have has accrued if it
be is for any other
matter of such nature that, in case a party die, it could not have
been brought at common law by or against his
or her personal
representative.
NOTE: The purpose of this bill is to
require that certain
records maintained by the clerk of the county commission to be
preserved, and to remove the statute of limitations on certain
personal actions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.