No person shall be compelled to pay any fees before mentioned due to an officer, until there be produced to him a fee bill signed by the officer to whom the fees are due, expressing particulars for which such fees are charged. And no such fee bill shall be made out for any service not previously performed, except as hereinafter provided, unless a person desire to pay before such performance, in which case there shall be mentioned in such fee bill the nature of the service and the fact that it is to be performed. Nor shall an officer, for any service, make out a fee bill for more than is allowed therefor. Nor shall he for the same service, attempt to obtain payment a second time; nor ever make out a fee bill a second time, unless he indorse the fact that the fee bill made out is a second fee bill and swear that the former bill remains unpaid. For each item in which an officer shall violate this section, he shall forfeit $5 to any person prosecuting therefor, and the circuit court of the county in which an officer resides may on motion, after reasonable notice to him quash any fee bill made out by him contrary to law. But any officer may demand his fees in advance for any particular service required to be performed by him for any person not residing in his county, and if such fees be not paid or secured to him the officer may refuse to perform the service until they are paid or secured. In such cases, the fee bill shall state the nature of the service, and that it is to be performed.
Structure West Virginia Code
Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements
Article 1. Fees and Allowances
§59-1-1. Fee for Use of State Seal
§59-1-2. Fees to Be Charged by Secretary of State
§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
§59-1-5. 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
§59-1-18. To Whom Fees Charged; Services by Clerks and Sheriffs Without Fees
§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
§59-1-26. Limitation on Distress or Suit for Collection of Fees
§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
§59-1-35. Supervision by Chief Inspector of Public Offices
§59-1-36. Fees and Allowances for Poor Persons