Chap. 106.—An ACT to amend and re-enact sections 2 and 3 of an act entitled
an act to amend and re-enact sections 1, 2, 3 and 4 of an act entitled an
act providing for the appointment of a State board of health and of local
board of health, defining the duties and powers and compensation thereof,
and of their members, officers and agents in connection with the preserva-
tion of public health; and prescribing penalties against witnesses failing
to obey subpoenas issued by said State board of health, or any authorized
member thereof, for refusing to testify or otherwise acting in contempt
of said State board or its duly authorized members, approved March 7.
1900 (section 1713-d, Code of 1904); to repeal sections 1714, 1715, 1716.
1717 and 1718 of the Code of Virginia, 1887, and all other acts and parts
of acts in conflict herewith; to provide for the appointment of a health
commissioner and assistants, to define their duties, to provide for their
compensation and to appropriate money to carry the provisions of this
act into effect, approved March 14, 190s. {S B 113}

Approved March 6, 1918.

Be it enacted by the general assembly of Virginia, That sections
two and three of an act entitled: an act to amend and re-enact sec-
tions one, two, three and four of an act entitled: an act providing
for the appointment of a State board of health and of local board
of health, defining the duties and powers and compensation thereof,

Page 178—Strike out last six lines of chapter 105, page 178, and
insert the following: .

payment shall be presented to the State corporation commission,
which shall ascertain and declare whether the said applicant, by
complying with the requirements of the law, is entitled to the
amendment, change or alteration set forth in said certificate, and
shall issue or refuse the same accordingly. If the same is issued,
the said certificate wjth the endorsements thereon, together with
the order thereon of the commission, shall be forthwith certified
as oa bag by law, to the secretary of the Commonwealth, to be
recorded by him, as provided in reference to original certificate,
and shall be certified by him to the clerk of the court in which
the original certificate of incorporation is recorded; and the clerk
of such court shall thereupon record the same in his office, in a
book provided and kept for that purpose, and shall endorse the
fact of such recordation upon such certificate, and return. the same
to the State corporation commission, to be lodged and preserved
in the office of its clerk. As soon as the said certificate 1s lodged
for recordation in the office of the secretary of the Commonwealth
the original certificate of incorporation shall be deemed to be
amended accordingly; but such certificate of amendment, change
or alteration shall contain only such provisions as it would be
lawful and proper to insert in an original certificate of incorpora-
tion made at the time of making such amendment, change or
alteration.

Provided, that in the case of a corporation purely benevolent,
in whose charter of incorporation provision is made for the issue
of shares of stock, where under the law it was or is competent to
provide that such corporation may have only a nominal capital, or
no capital, as now provided by law, such provision in respect to
capital may be eliminated by amendment of its charter in the
manner provided for in this section; and such charter, when so
amended, shall be treated as operative and valid as of the date of
and of their members, officers and agents in connection with the pre-
servation of public health, and prescribing penalties against wit-
nesses failing to obey subpoenas issued by said State board of health,
or any authorized member thereof, for refusing to testify or other-
wise acting in contempt of said State board or its duly authorized
members, approved March seventh, ninteen hundred (section seven-
teen hundred and thirteen-d, Code of nincteen hundred and four) ;
'o repeal sections seventeen hundred and fourteen, seventeen hundred
and fifteen, seventeen hundred and sixteen, seventeen hundred and
seventeen and seventeen hundred and eighteen of the Code of Vir-
ginia, eighteen hundred and eighty-seven, and all other acts and
parts of acts in conflict herewith; to provide for the appointment of
a health commissioner and assistants, to define their duties, to pro-
vide for their compensation and to appropriate money to carry the
provisions of this act into effect, approved March fourteenth, nine-
ay hundred and eight, be amended and re-enacted so as to read as
ollows:

Sec. 2. The governor shall appoint a health commissioner, who
shall be versed in bacteriology and sanitary science and otherwise
fitted and equipped to execute the duties incumbent upon him by
law. The health commissioner shall be the executive officer of the
State board of health, but shall not be a member thereof. He shall
hold office for the term of four years, unless sooner removed by the
governor, amd he shall reside and have his headquarters in the city
of Richmond. The health commissioner shall receive a salary to be
fixed by the State board of health, not to exceed four thousand dol-
lars per year, and shall devote his entire time to his official duties.
The commissioner shall perform such duties as the State board of
health may require, in addition to the other duties required of him
by law. He shall be vested with all the authority of the board when
it is not in session, and subject to such rules and regulations as may
be prescribed by the board. It shall be his duty to institute and
together with his assistants, to carry out such a course of lectures
and demonstrations as he may deem advisable in various sections 0!
the State and in the State educational institutions, to the end that
the medical profession and the people of the Commonwealth may be
instructed in matters of hygiene and sanitation. It shall be the duty
of the health commissioner, whenever required so to do, to furnish
to the governor and to the general assembly, when in session, suck
information as may from time to time be required, and he shall make
an annual report.to the. governor of all expenditures made by the
“tate board of health and by himself and of persons under him.

Sec. 3. The health commissioner, with the approval of the State
buard of health, shall appoint and may employ such clerical anc
other assistants as are necessary for the proper performance of hi:
duties as executive officer of the State board of health. The salarie:
of assistants and employees shall be fixed by the State board o:
health. All persons appointed by the health commissioner shall be
primarily responsible to him and may be removed by him for gooc
cause,