Chap. 216.—An ACT to amend and re-enact Sections.353, 354. and.355 of the Code
__ of Virginia, relating to the deposit of certain public records in the State Library

' and the making of copies thereof, and prescribing the conditions under which
certain records-may be destroyed; and’ to repeal an act entitled ‘‘An act to
create a commission to examine records and: papers in the offices of the Comp-
troller, Auditor of Public. Accounts, State. Treasurer, and the State Librarian,
and to order the destruction of such as are not necessary to be kept as AY B00)

records.”’, approved February 20, 1928.

_ Approved. March 16, 1940, .

1... Be it enacted by the Genéral Assembly: of Virginia, That
sections three hundred.and fifty-three, three hundred and fifty-four,
and three hundred and fifty-five of the Code of Virginia be amended
and re-enacted, so as to read as follows: |

Section 353. Additions to State Library; destruction of public
records.—The records of the several agencies of the State govern-
ment, which may be considered of historical value, may, with the
consent of the head of such agency, and-of the State Librarian, be
deposited and. preserved in the State Library. . None of said records
so deposited shall be removed from the library except by the head of
the agency by which the same was so deposited; but the said records
may, at the direction of the State Librarian, be returned to the agency
whence they came. ,

No agency of the State government shall sell, destroy, give away
or discard any record or records, unless specifically so authorized by
law, without first having informed the State Librarian, and the State
Comptroller. The State Librarian, or his deputy, and the State
Comptroller, or his deputy, shall examine said records; and those
records considered by the head of the agency, or his deputy, the
State Librarian, or his deputy, and the State Comptroller, or his
deputy, as having no administrative or historical value or value as
financial records may be destroyed or otherwise effectively disposed
of. But no land or personal property book shall be destroyed.

Section 354. Deposit of Records in State Library by Officers.—
The proper official or custodian of any public record of the State of
Virginia, or of any county, city or town, within the State, is hereby
authorized and empowered, in his discretion, to transfer to the Vir.
ginia State Library, with the approval of the State Librarian, for
preservation, any official books, records, documents, original papers,
or maps in his office; and said State Library shall provide for their
permanent preservation; and when so surrendered, copies therefrom
shall be made and cértified by the State Librarian, or his deputy, upon
application and the payment of reasonable fees, which certification
shall have the same force and effect, as if made by the officer or cus-
todian originally in charge of them.

Where the records of any court of a date prior to and including
one thousand eight hundred and sixty-five, except the will books and
the deed books, are not properly cared for, on notice from the State
Librarian to the official having custody of such records and failure
of said official to have such records repaired and maintained in a
manner satisfactory to the judge of said court, the said judge is
directed to have such records removed to the State Library.

Section 355. Removal of Certain Records Upon Application of
State Librarian.—Upon application made by the State Librarian,
every official or custodian of any public records of the State of Vir-
ginia, or any county, city or town in said State, shall deliver to the
State Library any and all official books, records, documents, original
papers and maps of a date prior to and including the year one thousand
eight hundred and sixty-five that may be in his custody or possession
or under his control. The application shall be made to the court
under the jurisdiction of which such records are kept, and the court,
or judge thereof in vacation, may, by an order entered of record,
which order shall contain a list of the records, cause said records to
be delivered to the State Library by the sheriff or other officer to be
designated, and a receipt taken therefor.

The State Librarian shall cause to be made from any and all of
such records as may be necessary for public use and convenience, by
photo-duplication process, a copy or copies of said records. A copy
shall be retained in the Archives Division of the State Library, and a
copy may be bound and returned to the county, city or other source
from which obtained on request from the lawful custodian of said
records. The original records shall be returned within a reasonable
time to the source from which obtained, unless the State Librarian
is authorized by the court to retain possession of the same. The
State Librarian may cause the original records to be restored and
repaired, in whole or in part, as he deems necessary.

The State Librarian is hereby empowered, authorized and directed
at the end of said copy or copies which may be returned to the county,
city or other source from which the original records were obtained,
to certify, over his hand and the official seal of the State Library
Board, that the said copy or copies are true and correct reproductions
of the original records, and such duplicated copy or copies, or ex-
tracts or copies therefrom, duly certified by the lawful custodian
thereof, are hereby made primary evidence to the same effect as the
original records, in any courts, or otherwise, in the Commonwealth
of Virginia.

2. Be it further enacted by the General Assembly of Virginia,
That an act entitled ‘‘An act to create a commission to examine
records and papers in the offices of the Comptroller, Auditor of
Public Accounts, State Treasurer, and the State Librarian, and to
order the destruction of such as are not necessary to be kept as per-
petual records.’’ approved February twentieth, nineteen hundred and
twenty-eight, be, and it is hereby, repealed.