§ 51-4-4 — Removal of records or papers out of county; penalty

West Virginia § 51-4-4

• Jurisdiction: West Virginia
• Ch. 51: COURTS AND THEIR OFFICERS
• Art. 4: GENERAL PROVISIONS RELATING TO CLERKS OF COURTS

Text

None of the records or papers of a court shall be removed by the clerk, nor allowed by him or by the court to be removed, out of the county wherein the clerk's office is kept, except on an occasion of invasion or insurrection, actual or threatened, when, in the opinion of the court, or, in a very sudden case, of the clerk, the same will be endangered, after which they shall be returned as soon as the danger ceases; and except in such other cases as are specifically provided by law, or by general order of the court permitting the removal or transfer thereof to counties within his circuit; or to another circuit in cases being heard by a visiting or special judge. In such cases of removal or transfer the clerk of the court from which such papers and records are removed shall take and preserve an appropriate written receipt therefor. Any clerk violating this section shall forfeit $600. However, this section shall not be construed as to prevent a judge of a circuit court from taking files of papers from any county of his circuit, or directing the clerk to send such files to him when he needs to use the same.

Legislative History

1961 Reg. Sess., SB172