Chap. 38.—An ACT to amend and re-enact an act entitled “an act to amend and
re-enact section 923 of the Code of Virginia, as amended and re-enacted by an
act approved February 16, 1892, and by an act approved March 3, 1898, approved
December 10, 1903,” so as to allow notaries public to qualify before clerks of
courts.

; Approved February 27, 1904.

1. Be it enacted by the general assembly of Virginia, That section
nine hundred and twenty-three of the Code of Virginia, as amended
and re-enacted by an act approved February sixteen, eighteen hundred
and ninety-two, and by an act approved March third, eighteen hundred
and ninety-eight, be amended and re-enacted so as to read as follows:

§923. Appointment of notaries public; their term and bonds; to be
conservators of the peace; what to vacate their offices; clerks to inform
the governor of vacancies.—The governor shall appoint in and for the
separate counties and cities of the State as many notaries as to him may
seem proper, who shall hold office for the term of four years, and who
shall exercise the powers and functions of conservators of the peace, and
he may appoint the same person to serve for two or more counties and
cities: provided, that notaries in cities and in counties in which cities or
parts thereof are located shall have authority to act as such in each of
said localities, or for one county and city. Each notary shall give bond
in the circuit court of the county or corporation court of the city for
which the said notary is appointed, or before the judge of such court
in vacation or before the clerk thereof, within four months from the
date of said notaries’ commission in a penalty of not less than five hun-
dred dollars, and the clerk of said court shall immediately forward a
certified copy of said bond to the secretary of the Commonwealth. If
any person appointed shall fail to qualify within four months from the
date of his appointment, the clerk of the court shall return his commis-
sion to the secretary of the Commonwealth. The removal of a notary
from the county or corporation in which said notary resides when ap-
pointed, unless said removal be into another county or city for which
said notary may have been also appointed, shall be construed ds a vaca-
tion of said office, and the clerk of said county or city shall at once in-
form the governor of the fact, as well as of all deaths of notaries that
may occur. '

It shall be the duty of the secretary of the Commonwealth when a
commission is ordered by the governor to send the same to the clerk of
the court of the county or city in which the notary public is required to
qualify, to be delivered by him to the notary public after said notary pub-
lic has given bond and taken the oath of office, and the clerk of the court
m which this is done shall be required forthwith to report the fact to
the secretary of the Commonwealth, who shall be required to keep a book
stating the names and numbers of notaries public, when appointed, and
when qualified.

2. This being an emergency act, it shall be in force from its passage.