Chap. 547.—An ACT to amend and re-enact chapter 18 of the Code of Virginia,
in relation to the duties of the secretary of the Commonwealth and concerning
the State and certain other libraries, as amended by an act approved March 4,
1890, entitled “an act to amend section 256 of the Code, relating to historical
works and relics, and to repeal sections 257 and 258 of said Code”; and by an
act approved January 22, 1892, entitled “an act to amend and re-enact section
246 of the Code of Virginia, in reference to the distribution of the Virginia
reports”; and by an act approved January 24, 1894, entitled “an act to amend
and re-enact section 250 of the Code of Virginia, providing for donations to
universities and colleges having law schools”; and by an act approved February
19, 1894, entitled “an act to amend and re-enact section 246 of the Code of Vir-
ginia, with reference to furnishing the report to reporter and judges”; and by
an act approved March 4, 1896, entitled ‘an act to amend section 246 of chap-
ter 18, Code of Virginia, as amended by an act approved February 19, 1894, in
relation to the secretary of the Commonwealth furnishing reports of the de-
cisions of the court of appeals,” and to repeal an act approved May 15, 1903, in
relation to the maintenance and management of the State library, and an act
eppiores May 16, 1903, relative to the duties of the secretary of the Common-
wealth.

Approved January 2, 1904.

1. Be it enacted by the general assembly of Virginia, That chapter
eighteen of the Code of Virginia, as amended and re-enacted by an act
approved March fourth, eighteen hundred and ninety, entitled “an act
to amend section two hundred and fifty-six of the Code, relating to his-
torical works and relics, and to repeal sections two hundred and fifty-
seven and two hundred and fifty-eight of said Code”; and by an act ap-
proved January twenty-second, eighteen hundred and ninety-two, en-
titled “am act to amend and re-enact section two hundred and forty-six
of the Code of Virginia, in reference to the distribution of the Virginia
reports”; and by an act approved January twenty-fourth, eighteen hun-
dred and ninety-four, entitled “an act to amend and re-enact section
two hundred and fifty of the Code of Virginia, providing for donation:
to universities and colleges having law schools”; and by an act approved
February nineteenth, eighteen hundred and ninety-four, entitled ‘an act
to amend section two hundred and forty-six of the Code of Virginia
with reference to furnishing the report to reporter and judges”; and an
act approved March fourth, eighteen hundred and ninety-six, entitled
“an act to amend section two hundred and forty-six of chapter eighteen,
Code of Virginia, as amended by an dct approved February nineteenth,
eighteen hundred and ninety-four, in relation to the secretary of the
Commonwealth furnishing reports of the decisions of the court of ap-
peals,” be amended and re-enacted so as to read as follows:

CHapter XVIII.

Of the Duties of the Secretary of the Commonwealth and of the Board
of Directors of the State Library, and Concerning the State and Cer-
tain Other Libraries.

§ 242. Oath of secretary.—The secretary of the Commonwealth, be-
fore he acts as such, shall, in addition to the other oaths prescribed bv
law, take an oath to keep secret such matters as he may be required by
the governor to conceal.

§ 243. To administer oaths and take acknowledgments.—He shall
have authority to administer any oath and take and certify any ac-
knowledgment that a justice is authorized to administer or take.

§ 244. To be keeper of State seals; his general duties——He shall l«
keeper of the seals of the Commonwealth; keep a record of all executive
acts, arrange and preserve all records and papers belonging to the execu-
tive department; be charged with the clerical duties of that. department.
and render to the governor, in the dispatch of executive business, such
services as he may require. He shall record or register all papers or
documents required by law to be registered or recorded in his office, and
when required furnish a copy of any record in his office under the seal
of the Commonwealth.

He is authorized to authenticate records of any court of the State and
of any department of the government, and he is directed, when any such
record is to be used beyond the limits of this State, to authenticate the
same in the manner and give the certificate required by the laws of the
jurisdiction in which such record is to be used, as far as is practicable.

He shall keep a register of all city, county, and district officers, and
when required give a certificate of the election and qualification of any
such officer.

He shall make an annual report to the governor, embracing (a) a list
of all charters of incorporation recorded and all trade-marks, labels, and
so forth, and proprictary containers registered: provided, that the first
list of charters of incorporation made shall embrace all such charters
heretofore recorded; (b) the boards of visitors of all public institutions.
and other boards appointed by the governor; (c) all commissions issued
under appointments made by the governor; (d) accounts of all fees and
taxes collected, funds received from sales of State publications, receipts,
and disbursements for contingent expenses of his office; (e) and such
other matters as the governor may require. Said reports shall be trans-
uitted by the governor to the genera] assembly, printed as other such
annual reports are printed, hound in a separate volume, and disposed of
according to law.

§ 245. When absent, chief clerk to act—During the necessary absence
of the secretary of the Commonwealth from his office his duties shall be
performed by his chief clerk, but when such absence is for more than one
day at a time, notice thereof shall be given to the governor.

§ 246. Secretary to have charge of supreme court reports and furnish
copies to judges and others.—He shall be charged with the custody, dis-
posal, and sale of the published reports of the decisions of the supreme
court of appeals; shall make exchanges of the same for the publications
of other States and countries, and place the law books acquired by such
exchange in the State law library. One copy of each volume of said re-
ports hereafter published shall be furnished to each of the following
persons, namely: to the judges and the reporter of the supreme court of
appeals, to the judges of the circuit and corporation courts, including
the judges of the chancery court and law and equity court of the city of
Richmond and the judge of the court of law and chancery of the city
cf Norfolk, to the attorney-general (to be kept in his office), to the clerk
of each of the circuit courts of the United States held in this State for
the use of said courts and the members of the bar practicing therein.
Fight copies of each volume of said reports hereafter published shall be
furnished to each university and college in the State in which a law
school is established.

§ 247. State library; bond of librarian and doorkeeper.—There shall
be maintained at the State capital a State library, consisting of books,
papers, records, portraits, and other works relating to the history of the
State, science, literature, law, and general history. It shall be main-
tained and conducted as a library of reference.

The librarian shall give bond to the State in the sum of two thousand
Collars, with sureties approved by the library board, for the faithful dis-
charge of his duties and the delivery over to his successor of all the prop-
erty of the State in his possession. The doorkeeper shall be required to
give a like bond to the State in the sum of five hundred dollars. These
bonds shall be recorded by the secretary of the Commonwealth and de-
posited with the auditor of public accounts.

The salaries of the librarian and doorkeeper shall be paid from ap-
propriations out of the public treasurv for that purpose.

§ 248. Library fund.—All books, documents, and maps published by
the State. and not otherwise disposed of by law, shall he sold, and the
proceeds thereof shall constitute a librarv fund for the support and im-
provement of the librarv and the publication of records.

$249. Donations and exchange of State publications.—The library
board shall arrange for the exchange of the Virginia publications with
as many of the States and institutions as possible, with the general gov-
ernment, and with other governments: with societies and others, as it
sees fit, placing all exchanges received in the State library, except that
all statutes and law books received shall be transferred to the law li-
rary.

It may send to any university, college, public library, or societies
copies of State publications, "i “ee P °

§ 250. Donations to universities and colleges having law schools.
The secretary of the Commonwealth shall furnish the universities and
any incorporated college of the State in which a law school is establishes}.
and which has not heretofore been furnished, out of any surplus copie<
en hand, with one copy of the journal of the senate and house of dele-
gates and journal of the constitutional convention, of the acts of assem-
bly and of the Codes; and every incorporated college and academy in the
State with a copy of the maps.

§ 251. Secretary to deliver certain securities to treasurer.—The sec-
retary of the Commonwealth shall turn over to the treasurer of the
State all securities and money now or hereafter in his hands belonging
to the library fund, which money and securities shall be held by the
treasurer as a separate fund for the benefit of the library, to be paid out
as is hereinafter directed, and of all moneys hereafter coming into his
hands from sales of all books, documents, and maps published by the
State, the secretary of the Commonwealth shall render a monthly ac-
count to the auditor of public accounts, showing the amount due by him
from such sales during the preceding month, and shall at the time of
making such report pay the same into the treasury to the credit of said
library fund.

§ 252. How books, and so forth, sold; by whom; prices.—All books.
documents, and maps published by the State shall be delivered to the
secretary of the Commonwealth, who, after disposing of and preserving
the number of copies as required by law, shall deliver to the order of the
library board such copies as may be needed for gifts and for exchanges.
and shall sell the remaining copies at such prices as may be fixed by the
library board, with the consent of the secretary of the Commonwealth.
subject to the provisions of an act approved April second, nineteen hun-
dred and two, ratifying the contract between the joint library committer
of the general assembly of Virginia, dated February twenty-first, nine-
teen hundred, and the Michie Company, and to provide for similar con-
tracts with other persons.

Such sales may be made through book dealers, and a reasonable com-
mission allowed them on such sales, and when such books, maps, and
documents are placed in the hands of such dealers, the secretary of the
Commonwealth shall require of such dealers bond, with good security.
payable to the Commonwealth and conditioned to secure the payment of
the price of said publications or the return thereof to the secretary of
the Commonwealth on demand. The secretary of the Commonwealth is
authorized to make exchanges of such publications, the publications se-
cured by such exchanges to be placed in the State library or the State
law library. All costs and expenses attending said sales and exchanges
shall be paid by said secretary out of the proceeds of such sales. The said
secretary shall keep and preserve at least twenty-five copics of each of
said publications.

§ 253. How library fund paid out—The library fund shall be paid
out by the treasurer on warrants drawn by the auditor of public accounts,
such warrants to be drawn by the auditor on the order of the library
board, signed by the chairman of the board and attested by the secretary.

§ 254. Library board, how appointed; term of office; certain powers
and duties—The State library shall be managed by a board of directors,
consisting of five members, to be appointed by the State board of educa-
tion, and to be known as the library board, under such rules and regula-
tions as shall be prescribed by law, but the supreme court of appeals shall
have the management of the law library and the appointment of the
librarian and other employees.

The State board of education shall, before July first, ninteen hundred
and threc, appoint the library board. The terms of the directors first
appointed shall be one, two, three, four, and five years, respectively, from
July first, nineteen hundred and three, and thereafter upon the expira-
tion of the term of a member, his successor shall be appointed for a term
ot five years. Appointments to fill other vacancies shall be for the un-
expired term.

On July first, nineteen hundred and three, or as soon thereafter as
may be practicable, the library board shall meet and organize by electing
one of its number chairman. It shall appoint a librarian and doorkeeper
and. such other employees as shall be authorized by law. The term of
office of the librarian and doorkeeper shall be at the pleasure of the board.

The library board shall keep complete minutes of all its proceedings,
neatly recorded in a substantial book, which shall be signed! by the chair-
man and secretary, and a record of all receipts and disbursements, all of
which shall be preserved as public records.

It shall, from time to time, acquire by gift or purchase, books, maps,
portraits, and records pertaining to the history of the State and her citi-
zens, to science, literature, and law, and shall edit, or cause to be edited,
arranged, and published the State records now or hereafter deposited in
the library.

It shall make rules and regulations, not inconsistent with law, for the
use of the library by the people, and specifying the character of the
books which may not be removed from the library, see that the library is
properly and neatly kept for the reception of the public, and that its
contents are properly preserved and cared for.

It shall superintend and direct all expenditures of library funds. The
library board shall annually make a report to the governor of all receipts
and expenditures and of the condition of the library, and all other mat-
ters in relation thereto that it may deem expedient for the information
of the general assembly ; and such report shall be transmitted by the gov-
ernor to the general assembly.

§ 255. Additions to State library; board to order payment of drafts
of supreme court of appeals for additions to law libraries——The library
board shall annually procure such books in literature, science, and the
arts, and such maps and charts as may seem to the board desirable.

The records of the several departments of the State government, which
may be considered of historical value, shall, with the consent of the head
of such department, be deposited and preserved in the State library, and

110
all such records now or hereafter so deposited shall be deemed to be in
the custody of the officers from whose possession they were transferred.
who shall have free access thereto. None of said records so deposited
shall be removed from the library except by the officer entitled to the cus-
tody thereof under this section.

After making the purchases necessary for the State library, the library
board shall order to be paid out of the library fund such drafts as may
be made upon the fund from time to time by the supreme court of ap-
peals for the purchase of books for the law libraries at Richmond, Staun-
ton, and Wytheville: provided, that such drafts shall not exceed in any
one year the sum of three hundred dollars for each of the libraries at said
places.

§ 256. Historical works and relics; editing and publishing historical
records; amount to be expended; from what fund.—The library board
shall especially cause to be procured, from time to time, as opportunity
may offer, a copy of any book, pamphlet, manuscript, work of art, or relic
relating to the history of Virginia, not now im the library, which can be
obiained on reasonable terms, and may cause to be printed any manu-
script relating to the history of Virginia which has not been published,
including such portions of the executive journals and letter books, and
of the legislative papers, as the board may deem proper to print in the
calendar of State papers, and shall cause the legislative papers so to be
printed to be arranged for that purpose and preserved for reference; and
shall cause the records pertaining to the revolutionary war, the war of
eighteen hundred and twelve, the Mexican war, and the civil war to be
edited, arranged, and published so as to show the service of citizens of
the State in such wars.

Of the moneys and securities belonging to the library fund now in the
hands of the secretary of the Commonwealth and transferred! to the treas-
urer, the library board is authorized to expend a sum not exceeding the
sum of four thousand dollars per annum in editing, arranging, and pub-
lishing the records pertaining to the history of the colony and State of
Virginia, and to the service of citizens of the State in the wars of the
revolution, of eighteen hurdred and twelve, the Mexican war, and the
civil war.

The treasurer shall sell said securities on the order of the board when
necessary to meet the expenditure hereby authorized. Such sale may be
made to the board of sinking fund commissioners.

§ 257. Librarian, his dutics.—The librarian shall have charge of the
State library, giving his personal attention and attendance to it and
carrying out and enforcing the rules and regulations made therefor by
the general assembly and the library board.

He shall be secretary of the library board, and shall perform all the
duties belonging to that position.

He shall keep a neat and accurate record of all procedings of the board,
an itemized account of all receipts and disbursements, and an itemized
memorandum of all purchases, or contracts for purchases made, and of
all books and documents given or received as gifts or in exchange.

§ 258. State library, when to be opened.—The library shall be kept
open every day in the year (except Sundays.and holidays) from nine
o’clock ante-meridiem until five o’clock post-meridiem, and such other
hours as the library board may direct.

§ 259. Doorkeeper of library; his duties and pay.—The doorkeeper of
the library shall assist the librarian in the discharge of his duties, and
shall discharge such other duties as may be required of him by the board.
He shall, under the direction of the secretary of the Commonwealth, at-
tend to the care, shipment, and sales of State publications, and shall re-
ceive a salary of thirty dollars per month for all of his services.

§ 260. Who may use State library—The judges of the supreme court
of appeals, the governor, lieutenant-governor, reporter of court of ap-
peals, members of the general assembly during the sessions thereof, and
cther State officers at the capitol, and such other persons as the library
board may deem fit, shall be allowed to use the State library under such
rules and regulations as the board shall adopt: provided, that no manu-
script or record of any kind, and no book, portrait, or relic of rare or
historical value shall be taken from the library room by any one, and no
books of any kind shall be taken out of the city of Richmond, and that
no book shall be kept out of the library for more than ten days.

§ 261. The law libraries—There shall be a State law library at Rich-
mond, with branches thereof at Wytheville and Staunton, maintained as
at present, which shall be managed by the supreme court of appeals.
The said court shall appoint the librarian and other employees, to hold
office during the pleasure of the court,

The State law library shall consist of the books now in the law libra-
ries at Richmond, Staunton, and Wytheville, with such additions as may
be made thereto.

§ 262. Books for the law libraries—The supreme court of appeals
shall, from time to time, make additions to the State law library by pur-
chases made with funds at their disposal for that purpose, and may cause
books to be transferred from one law library to another. All law books
acquired by the State by gift, or by exchange, from the United States, or
other States and countries, shall be placed in said library. The secretary

of the Commonwealth shall have placed in the law library at Richmond,
Staunton, and Wytheville a copy of every law book which may be here-
after published for the Commonwealth.

§ 263. Regulations of State law libraries,—The supreme court of ap-
peals shall have power to make and enforce such rules and orders for the
regulation of the State law library, and the use thereof, as may to it
seem proper.

§ 264. Who may use law libraries—The governor, lieutenant-gover-
nor, attorney-genera], and other State officers at the capitol, reporter of
court of appeals, members of the general assembly during the session
thereof, judges of courts, and practicing attorneys in good standing, and
such other persons as the supreme court of appeals shall designate, shall
have the use of the State law library, under such rules and regulations as
the supreme court of appeals shall make.

§ 265. Secretary to furnish Code and session acts.—Whenever the sec-
retary of the Commonwealth shall be satisfied that any justice or other
county or corporation officer entitled by law to receive the session acts or
the Code of Virginia does not possess the same or any of them, and can-
876 ACTS OF ASSEMBLY.

not otherwise procure them, he shall, on application of the circuit or
corporation court, furnish the same: provided, he does not thereby di-
minish the supply of the work so issued, in his custody, below twenty-five
copies.

§ 266. Law libraries for courts and bar.—If the members of the bar
practicing in any county or corporation of the Commonwealth shall pro-
cure by voluntary contribution a law library of the value of one hun-
dred dollars, at the least, for the use of the courts held in such county
or corporation, and of the bar practicing therein, it shall be the duty of
the circuit court of such county or corporation to require its clerk to
take charge of the library so contributed and to keep the same according
to rules to be prescribed by the bar and approved by the court.

§ 267. Circuit courts to enforce rules for government of such law li-
braries.—The observance of the rules so prescribed and approved may be
enforced by the circuit court by such summary process and judgment as
shall be provided by such rules.

2. Be it further enacted by the general assembly of Virginia, That
an act approved May fifteenth, nineteen hundred and three, entitled “an
act to provide for the maintenance and management of the State li-
brary,” and an act approved May sixteenth, nineteen hundred and three,
entitled “an act to amend and re-enact sections two hundred and forty-
two, two hundred and forty-three, two hundred and forty-four, two hun-
dred and forty-five, two hundred and forty-six, two hundred and fifty,
two hundred and fifty-two, and two hundred and sixty-seven of the Code
of Virginia, relative to the duties of the secretary of the Common-
wealth,” be, and the same are hereby, repealed.

3. This act shall be in force from its passage.