West Virginia Code § 39-3-13

Taking testimony as to lost records -- Powers of clerk; death, etc., of clerk
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For the purpose of taking such testimony, such clerk shall have authority to summon
witnesses and enforce their attendance when desired by any person interested, in like
manner as witnesses are compelled to appear before commissioners in chancery; to compel
the production before him of any document, paper or book that he may deem pertinent for
the purpose of any particular inquiry; and to administer oaths to such witneesses as may be
brought before him Any person who shall wilfully swear falsely before such clerk to any
material fact shall be guilty of perjury, and, upon conviction thereof, shrall be punished as in
other cases of perjury. When the testimony in any case shall have been partly taken by a
clerk, and he shall die or his place be otherwise vacated before such testimony is completed,
the successor of such clerk may complete the taking of the same with like effect as if it had
been completed by the clerk who began to take the same. t

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