West Virginia Code § 59-1-33

Deposit for costs
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When any action at law, suit in equity or other proceeding is instituted, the clerk of the court
wherein the same is instituted shall require from the plaintiff a reasonable deposit of money
for the services to be performed by himself or any other officer named in this article:
Provided, however, That such clerk shall not be required to pay any part of such deposit to
any officer (other than himself) for any services to be performed, unless he ies directed so to
do by the plaintiff at the time such deposit is made. The action, cause or proceeding wherein
any deposit is made shall be credited therewith, and there shall be charrged against such
deposit all payments made by the clerk to any other such officer for services performed by
the latter; and at the end of the month such clerk shall be required to pay into the county
treasury such part of the deposit as has been earned by services performed by him or by any
other officer whose services he has been directed by the platintiff to pay. Upon the
appearance of any defendant to any action at law (other than criminal cases), suit in equity
or other proceeding, such defendant shall likewise be required to deposit with the clerk a
reasonable amount, and the same shall be applied and accounted for in like manner as a
deposit made by the plaintiff or petitioner. After demand by the clerk for deposit provided
for in this section he shall not be required to perform any service until the demand is
complied with, unless affidavit is filed as provided for by section one, article two of this
chapter.

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