59-1-1 Fee for use of state seal
59-1-2 Fees to be charged by Secretary of State
59-1-2a Annual business fees to be paid to the Secretary of State; filing of annual reports; purchase of data
59-1-2b Purchase of voter registration lists and election data; fees
59-1-2c Young Entrepreneur Reinvestment Act; certain fees waived
59-1-3 Fees to be charged by Auditor
59-1-4 Fees collected by Secretary of State, Auditor and Clerk of Supreme Court of Appeals to be paid into State Treasury; accounts; reports
59-1-5 Violations of preceding section
59-1-6 Fees to be charged by surveyors
59-1-7 Fees to be charged by notaries public
59-1-8 Compensation of commissioners of courts
59-1-9 Compensation of fiduciary commissioners; procedure for approving
59-1-10 Fees to be charged by clerk of county commission
59-1-11 Fees to be charged by clerk of circuit court
59-1-11a Additional costs in certain criminal proceedings
59-1-12 Payment of fines by credit card or payment plan
59-1-13 Fees to be charged by Clerk of Supreme Court of Appeals
59-1-14 Fees to be charged by sheriffs
59-1-15 Payments to sheriffs and clerks out of state or county treasury
59-1-16 Amount of allowance to witnesses for attendance; how and when made
59-1-17 By whom witnesses paid; on what certificate; clerk’s certificate as to claims; dispute as to claims
59-1-18 To whom fees charged; services by clerks and sheriffs without fees
59-1-19 Fee books of clerks
59-1-20 Making out fee bills; motion to quash improper fee bill; prepayment of fees
59-1-21 Fee bills of county clerk
59-1-22 Duties of successor of deceased clerk with reference to fee books and fee bills
59-1-23 Requisites and effect of fee bills for services of deceased clerk
59-1-24 Collection of fees; receipt
59-1-25 Accounting for fees
59-1-26 Limitation on distress or suit for collection of fees
59-1-27 Lodging fee bills and certificates in clerk’s office; application of costs to payment thereof; prepayment or security to officer
59-1-28 Use and disposition of fees of sheriffs, clerks and prosecuting attorneys
59-1-28a Disposition of filing fees in civil actions and fees for services in criminal cases
59-1-29 Collection of such fees
59-1-30 Books of account to be kept by officers
59-1-31 Monthly payments; how credited; report required
59-1-32 Reduction or remission of fees prohibited; penalty for default in payment
59-1-33 Deposit for costs
59-1-35 Supervision by chief inspector of public offices
59-1-36 Fees and allowances for poor persons
59-1-37 Deposits by county officers in noninterest bearing or interest bearing accounts; payment to county general fund; annual report
59-1-38 County officers to issue receipts of collections
59-1-39 Removal of county officer
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Terms Used In West Virginia Code > Chapter 59 > Article 1 - Fees and Allowances

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Oath: A promise to tell the truth.
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.