Chapter 5. GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS.
Article 1. The Governor.
Revisers’ Note.—The following sections of c. 14, Cod^ 1923, are omitted: Sections 1-4, as covered by §12, art. 7, Const., and art. 1, c. 15; §21, as unnecessary, having been enacted during the Civil War to meet then existing conditions; §30, as unnecessary in view of the present accounting system and the reports required to be made to the tax commissioner and the board of control under the provisions of art. 9, c. 6, and of c. 25, in addition to reports to the auditor. Furthermore §20 of this article provides that the governor may require special reports at any time.
§1. Arrest or Deportation of Persons During War.—The governor may cause to be apprehended and imprisoned, or may compel to depart from this State, all suspicious subjects, citizens, agents or emissaries of any foreign state or power at war with the United States.(Code 1849, c. 17, §6; Code 1860, c. 17, §6; Code 1868, c. 14, §5; 1882, c. 144, §5; Code 1923, c. 14, §5.)
§2. Persons Aiding Enemy.—He may also cause to be apprehended and imprisoned all who in time of war, insurrection or public danger shall willfully give aid, support or information to the enemy or insurgents, or who, he shall have just cause to believe, are conspiring or combining together to aid or support any hostile action against the United States or this State.(Code 1849, c. 17; Code 1860, c. 17; Code 1868, c. 14, §6; 1882, c. 144, §6; Code 1923, c. 14, §6.)
§3. Ascertainment of Information in Such Cases.—In order to obtain information in such cases, the governor may send for the person and papers of any one whom he shall believe to be subject to the last two sections.(Code 1849, c. 17; Code 1860, c. 17; Code 1868, c. 14, §7; 1882, c. 144, §7; Code 1923, c. 14, §7.)
§4. Warrants of Governor Under Preceding Sections.—Any warrant or order of the governor, under the three preceding sections, may be directed to any sheriff or other officer, civil or military, and shall be executed according to the terms thereof by such officer, who shall have all the powers necessary for the purpose either in or out of his county.(Code 1849, c. 17; Code 1860, c. 17; Code 1868, c. 14, §8; 1882, c. 144, §8; Code 1923, c. 14, §8.)
§5. Discharge From Arrest; Bond.—Any person so apprehended or imprisoned may, at the discretion of the governor, be discharged upon giving bond with satisfactory security to leave the State and not return thereto for such period, to be stated in the bond, prescribe; or he may be discharged on such other terms or conditions, or without conditions, as to the governor shall seem right and proper.(Code 1849, c. 17; Code 1860, c. 17; Code 1868, c. 14, §9; 1882, c. 144, §9; Code 1923, c. 14, §9.)
§6. Fugitives From Foreign Nations.—The governor, whenever required by the executive authority of the United States pursuant to the Constitution and laws thereof, shall deliver over to justice any person found within this State who shall be charged with having committed any crime without the jurisdiction of the United States.
The governor, though not so required, may in his discretion deliver over to justice any person found within this State who shall be charged with having committed without the jurisdiction of the United States any crime, except treason, which by the laws of this State, if committed herein, would be punishable by death or imprisonment in the penitentiary. The governor shall require such evidence of the guilt of the person so charged, as would be necessary to justify an indictment against him, had the crime charged been committed in this State. The expense of the apprehension and delivery shall be defrayed by those to whom the delivery is made.(Code 1849, c. 17, §§8, 9; Code 1860, c. 17, §§8, 9; Code 1868, c. 14, §§10, 11; 1882, e. 144, §§10, 11; Code 1923, c. 14, §§10, 11.)
Revisers’ Note.—Sections 10 and 11, c. 14, Code 1923, are combined in this section.
§7. Fugitives From This or Other States or Territories.—The governor, in any case authorized by the Constitution of the United States, may, on demand, deliver over to the executive of any other state or territory any person charged therein with treason, felony, or other crime committed therein, and he may on application appoint an agent to demand of the executive authority of any other state or territory any offender fleeing from the justice of this State: Provided, That such demand or application is accompanied by sworn evidence that the party charged is a fugitive from justice, and that the demand or application is made in good faith for the punishment of crime, and not for the purpose of collecting a debt or pecuniary mulct, or of removing the alleged fugitive to a foreign jurisdiction with a view to serve him there with civil process; and also by a duly attested copy of an indictment, or a duly attested copy of a complaint made before a court or magistrate authorized to take the same, such complaint to be accompanied by affidavits to the facts constituting the offense charged, by persons having actual knowledge thereof, and such further evidence in support thereof as the governor may require. The governor may pay out of the civil contingent fund any reasonable expenses incurred under this section.(Code 1849, c. 17, §10; Code 1860, c. 17, §10; Code 1868, c. 14, §12; 1882, c. 144, §12; Code 1923, c. 14, §12.)
§8. Warrant for Fugitive.—Whenever any person shall be found within this State, charged with treason, felony or other crime committed in any other state, any justice may, upon com plaint on oath, or other satisfactory evidence that such person committed the offense, issue a warrant to bring the person so charged before the same, or some other justice within the State; and the officer to whom such warrant may be directed may execute the same in any county in the State, and bring the party, when arrested, before any justice of the same or any other county.(Code 1849, c. 17; Code 1860, c. 17; Code 1868, c. 14, §14; 1882, c. 144, §13; Code 1923, c. 14, §13.)
§9. Recognizance of Person Charged; Forfeiture of Recognizance.—If it shall appear to the justice, before whom the person charged may be brought, that there is reasonable cause e to believe that the complaint is true, such per son shall, if he would have been bailable by a justice in case the offense had been committed in this State, be required to recognize, with sufficient sureties, in a reasonable sum, to appear before the circuit court of the county at a future day, allowing a reasonable time to obtain the warrant of the executive, and to abide the order of the court; and if such person shall not so recognize he shall be committed to prison, and be there detained until such day. The recognizance, if any, shall be returned to the said court without delay; and if the person so recognizing shall fail to appear, according to the condition of his recognizance, he shall be defaulted, and the like proceeding shall be had, as in the case of other recognizances entered into before a justice; but if such person would not have been bailable by a justice in case the offense had been committed in this State, he shall be committed to prison, and there detained until the day so appointed for his appearance before the court.(Code 1849, c. 17, §12; Code 1860, c. y 17, §12; Code 1868, c. 14, §14; 1882, c. 144, §14; Code 1923, c. 14, §14.)
§10. Recognition or Commitment Communicated to Foreign Executive.—The justice by whom such person may be so recognized or committed shall immediately, by letter, apprise the governor of the fact, who shall thereupon communicate the same to the executive of the state where the crime is charged to have been committed.(Code 1849, c. 17, §13; Code 1860, c. 17, §13; Code 1868, c. 14, §15; 1882, c. 144, §15; Code 1923, c. 14, §15)
§11. Discharge, Commitment or Further Recognizance of Accused.—If the person so recognized or committed shall appear before the court upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the governor to receive him or unless the court shall see cause to commit him or to require him to recognize anew for his appearance at some other day; and if, when ordered, he shall not so recognize, he shall be committed and detained as before. But whether the person so charged shall be recognized, committed or discharged, any person authorized by the warrant of the governor may at all times take him into custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.(Code 1849, c. 17, §14; Code 1860, c. 17, §14; Code 1868, c. 14, §16; 1882, c. 144, §16; Code 1923, c. 14, §16.)
§12. Costs of Proceedings.—The complainant in each case shall be answerable for all the actual costs and charges, and for the support in prison of any person so committed; and, if the charge for his support in prison shall not be paid when demanded, the jailer may discharge such person from prison.(Code 1849, c. 17, §15; Code 1860, c. 17, §15; Code 1868, c. 14, §17; 1882, c. 144, §17; Code 1923, c. 14, §17.)
§13. Detention of Fugitive for Offense Committed in This State.—No person under prosecution for any offense alleged to be committed within this State shall be delivered up to the executive authority of another state, or of the United States, until such prosecution shall have been determined, and the person prosecuted shall have been punished, if condemned; nor shall any person under recognizance to appear as a witness in any such prosecution be so delivered up until such prosecution shall be determined. Nor shall any person who was in custody upon any execution, or upon process in any suit, at the time of being apprehended for a crime charged to have been committed without the jurisdiction of this State, be so delivered up without the consent of the plaintiff in such execution or suit, until the amount of such execution shall have been paid, or until such person shall be otherwise discharged from such execution or process.(Code 1849, c. 17, §16; Code 1860, c. 17, §16; Code 1868, c. 14, §18; 1882, c. 144, §18; Code 1923, c. 14, §18.)
§14. Reward for Arrest of Criminal; Assault on or Assassination of Judge; Detectives.—The governor may offer a reward for apprehending and securing any person convicted of an offense or charged therewith who shall have escaped from prison, or for apprehending and securing any person charged with an offense who, there is reason to fear, cannot be arrested in the common course of proceeding. And in case a judge of the supreme court of appeals, of a circuit court, of a criminal court or an intermediate court, or of any court of record in this State, shall be assassinated, or his assassination attempted, or a felonious assault be committed upon him, and the assassin or person making such assault shall not at once be apprehended and arrested, the governor shall forthwith offer such a reward, not exceeding ten thousand dollars, as in his discretion will result in the arrest of such criminal. But no such reward shall be paid to any sheriff or other officer who may arrest such person by virtue of any process in his hands to be executed. And the governor may employ any person to aid in the detection, arrest and prosecution of one accused with the assassination or attempted assassination or felonious assault upon a judge of the supreme court of appeals, of a circuit court, of a criminal court, of an intermediate court, or of any other court of record in this State, and agree to pay, and pay, to such person or persons so employed, such sum or sums, not exceeding ten thousand dollars, as in the discretion of the governor may seem to be reasonable. And the governor may employ any person to aid in the detection of persons charged with or suspected of crime, such persons so employed in either case to be paid out of the contingent fund at the governor’s disposal.(Code 1849, c. 17, §17; Code 1860, c. 17, §17; Code 1868, c. 14, §19; 1882, c. 144; 1917, c. 68; Code 1923, c. 14, §19.)
§15. Return on Warrant Issued by Governor.—Every officer to whom any order or warrant of the governor is directed shall make return thereof to the secretary of state, who shall preserve the same in his office.(Code 1860, c. 17, §26; Code 1868, c. 14, §24; 1882, c. 144, §24; Code 1923, c. 14, §24.)
§16. Remission of Fines and Penalties; Commutation; Reprieves; Paroles; Pardons.—The governor shall have power to remit fines and penalties, in such cases and under such regulations as now are or may be prescribed by law; to commute capital punishment, and, except where the prosecution was carried on by the house of delegates, to grant reprieves, paroles and pardons, after conviction; but he shall record in the journal of executive proceedings and communicate to the legislature, at its next session, the particulars of every ease of fine or penalty remitted, of punishment commuted, and of reprieve, parole or pardon granted, with his reasons therefor. In any case wherein the governor has power to grant a pardon, instead of granting the same unconditionally, he may, after sentence, grant it upon such conditions as he may deem proper, with the assent of the person sentenced; and, for the purpose of carrying into effect such conditional pardon, the governor may issue his warrant directed to any proper officer, who shall obey and execute it, instead of the sentence originally awarded. In any case in which the governor shall exercise the power conferred on him by the Constitution to commute capital punishment, he may issue his order to the warden of the penitentiary, requiring him to receive and confine (and the warden shall receive and confine) in the penitentiary, according to such order, the person whose punishment is commuted. To carry into effect any commutation of punishment, the governor may issue his warrant directed to any proper officer, who shall obey and execute the same.(Code 1849, c. 17; Code 1860, c. 17; Code 1868, c. 14, §§20, 23; Const. 1872, art. 7, §11; 1882, c. 144, §§20, 23; Code 1923, c. 14, §§20, 23.)
Revisers’ Note.—Section 20, c. 14, Code 1923, in so far as it deals with commutation of sentence, is ambiguous. This is probably due to the combining of provisions in the Report of the Revisers of the Code of 1849 pertaining to conditional pardons, but not adopted in Virginia, with the provisions of the Code of 1860 as to commutation of sentence. The section as now revised provides for any commutation of sentence, and, for the sake of completeness, retains the conditional pardon provisions. In view of the provisions of §28, art. 5, c. 28, paroles are added. The portion of §23, c. 14, Code 1923, requiring the governor to keep a record, is incorporated in this section. The portion of said §23 relating to a report to the legislature is omitted as covered by §20, c. 14, Code 1923, which section is incorporated in the above section. The word “warden” is substituted for “superintendent,” the former being the present designation. Other changes are formal.
§17. When Governor May Remit Fine or Penalty.—The governor may remit in whole or in part any fine or penalty assessed or imposed by a court of record, court-martial, or other authority, only in the following instances:
(a) When judgment has been rendered against any person for a contempt of court, other than for nonperformance of, or disobedience to, some order, decree or judgment; or when any fine or penalty is imposed by the sentence of a courtmaterial, the governor may pardon the offense and remit the fine or penalty, either in whole or in part;
(b) When any fine has been imposed, if the same or any part thereof, when collected, would be payable to the State, and has not been so paid, the governor may, on good cause shown by affidavit, or on the recommendation of the judge or a majority of the jury who tried the case, remit so much as is payable to the State and has not been so paid, or a less amount, either unconditionally, or upon such terms and conditions as may seem to him right and proper.(Code 1860, c. 17, §24; Code 1868, c. 14, §22; Const. 1872, art. 7, §11; 1882, c. 144, §22; Code 1923, c. 14, §22.)
Revisers’ Note.—Only formal changes are made.
§18. Civil Contingent Fund.—Out of the sum annually appropriated as a civil contingent fund, there may be paid all expenses incurred in the execution of any law for which there is no special appropriation, and any other sums which the governor may deem necessary or proper. No payment shall be made out of the civil contingent fund except on the requisition of the governor directed to the auditor.(Code 1849, c. 17, §28; Code 1860, c. 17, §32; Code 1868, c. 14, §25; 1882, c. 144, §25; Code 1923, c. 14, §25.)
§19. Temporary Loans.—The governor may raise, from time to time, by temporary loans, not having over eighteen months to run, nor bearing a greater interest than two cents per hundred dollars per day, so much as may be needed to supply the wants of the treasury.(Code 1860, c. 44, §23; Code 1868, c. 14, §26; 1882, c. 144, §26; Code 1923, c. 14, §26.)
§20. Biennial Reports to the Governor; Transmission to Legislature; Special Reports.—The subordinate officers of the executive department, and the officers of all public institutions of the State who do not report directly to the state board of control or some other administrative board, shall make a biennial report to the governor as soon as possible after the close of the fiscal year preceding a regular session of the legislature, unless otherwise provided by statute, and in any event at least thirty days preceding such session. Such report shall include the two preceding years and shall be submitted in typewritten or other legible form suitable for printing. Only so much thereof shall be printed as the governor may order, and he shall transmit copies of the printed reports to the legislature. The governor may at any time require information in writing under oath, from any officer, board or commission of the executive department or the officer or manager of any state institution, upon any subject relating to the condition, man agement and expense of their respective offices or institutions.(Code 1868, c. 14, §28; 1872-3, c. 208; 1882, c. 144, §§28, 31; Code 1923, c. 14, §§28, 31.)
Revisers’ Note.—This section includes §§28 and 31, c. 14, Code 1923. Officers of state institutions who report to the board of control or some other administrative board are excepted, as the reports of such boards to the governor will include the reports of such officers. The period within which biennial reports must be made is changed from 10 80 §22. Appointment of Janitor for Capitol; to 30 days preceding a regular session of the legislature. The word “severally” in said §31 is omit ted as unnecessary. Said §28 provided that the governor should transmit only such portions of the reports as he deemed necessary, whereas §31 would seem to require reports to be transmitted in entirety. The appropriation acts in recent years (see §102, c. 89, Acts 1925) have provided for the sub mission of biennial reports in typewritten form and for the printing of only so much thereof as ordered by the governor. This section so provides and will therefore obviate the necessity of including such a provision in subsequent appropriation bills. The reference to the secretary of state in said §28 is omitted as unnecessary. It is probably a relic of the period when that officer performed the duties of a private secretary to the governor. Section 14, art. 2, c. 25, authorizes the superintendent of public printing to limit the number of biennial reports to be printed, subject to the approval of the governor, therefore the number of such reports to be printed is omitted. In 1882 when said §28 was last reenacted, the number of reports was very much less than now. At present a single volume containing only the very important parts of all of them, would be very impractical in size. The present practice is to submit the reports and the biennial message separately. Therefore the provision for a paper covered pamphlet containing the biennial message and the reports is omitted.
§21. Printing and Distribution of Biennial Messages; Distribution of Legislative Journals.—Of the biennial messages submitted to the legislature by the governor, and any documents which he may deem essential to accompany the same, he shall cause a sufficient number to be printed, before the beginning of the session, if practicable, to provide the clerk of the senate and the clerk of the house of delegates with at least four copies for each member of their respective houses of the legislature, and so as to transmit one copy to the governor of each of the other states, one to the secretary of state of the United States, and three to the librarian of congress, whereof one shall be for the library and one for each house of congress; the governor may require such additional copies to be printed as he may deem necessary, which additional copies shall be distributed as he may direct. The governor shall also transmit, to the governor of each of the other states, to the secretary of state of the United States and the librarian of congress, copies of the journal of the senate and of the house of delegates, in the number and for the use and disposition as herein provided for copies of the biennial messages.(Code 1860, c. 17; Code 1868, c. 14, §§27, 29; 1872-3, c. 208; 1882, c. 144; Code 1923, c. 14, §§27, 29.)
Revisers’ Note.—Sections 27 and 29, c. 14, Code 1923, are combined in this section. The number of biennial messages to be printed is left to the discretion of the governor rather than to name any certain number as in §27, c. 14, Code 1923, but a minimum number for each member of the legislature is provided.
§22. Appointment of Janitor for Capitol; Assistants.—The governor shall appoint a janitor, whose duty it shall be to properly guard and take care of the capitol building and grounds, together with all the apartments therein, or connected therewith, and to have the same kept clean and comfortable. He shall, during the sessions of the legislature, under the direc tion of the president of the senate and speaker of the house of delegates, have charge of the halls and committee rooms of the two houses and keep the same properly cleaned, warmed and in good order, and shall do and perform such other duties in relation thereto as either house or the governor may require. He shall serve at the will and pleasure of the governor, and shall receive an annual salary of twenty-one hundred dollars, and three dollars per day in addition during the sessions of the legislature, and each of his assistants, not exceeding ten in number, shall receive three dollars per day during the sessions of the legislature.(Code 1868, c. 12, §2; 1872, c. 2; 1872-3, c. 156; 1877, c. 14; 1882, c. 88, §2; Code 1923, c. 12, §2.)
Revisers’ Note.—The words “at the commencement of his term, or as soon thereafter as practicable,” are omitted as unnecessary. It is provided that the janitor shall serve at the will and pleasure of the governor instead of for any specified term. The provisions for the removal of the janitor and filling a vacancy in his office are omitted. The salary is changed from $1,200.00, as in §2, c. 12, Code 1923, to $1,800.00, as provided in §4, c. 89, Acts 1925.
Legislative Note.—The salary is changed to $2100.00, as in §4, c. 89, Acts 1929.
Article 2. Secretary of State.
Revisers’ Note.—Sections 1, 3, 5, 6, c. 15, Code 1923, are omitted. The valid portion of §1 is covered by §5, art. 4, Const., and the remainder is violative thereof. Sections 3 and 5 relate to the publication and sale of the supreme court reports and §6 to the sale of session acts, which duties are transferred to the state board of control and are covered in art. 2, c. 25.
§1. General Duties.—The secretary of state shall be the keeper of the seals of the State, keep a journal of executive proceedings, arrange and preserve all records and papers belonging to the executive department, be charged with the clerical duties of that department, and render to the governor, in the dispatch of the executive business, such service as he may require.(Code 1860, c. 19, §2; Code 1868, c. 15, §2; 1882, c. 36, §2; Code 1923, c. 15, §2.)
§2. Authority to Administer Oaths.—Where any oath may lawfully be taken within the State, it may be administered by the secretary of state, unless otherwise provided by law.(1861, c. 1; Code 1868, c. 15, §9; 1882, c. 36, §7; Code 1923, c. 15, §7.)
Article 3. Attorney General.
Revisers’ Note.—The following sections of c. 120, Code 1923, are omitted from this article: Section 5, as unnecessary, in view of the supervision oyer all tax matters exercised by the state tax commissioner, coupled with his authority to call on the prosecuting attorneys for assistance and the governor’s power to require the attorney general to appear in any case; §§6, 7, 8, as covered by the portion of c. 7, dealing with prosecuting attorneys and their assistants.
§1. Written Opinions and Advice.—The attorney general shall give his written opinion and advice upon questions of law, whenever required to do so, in writing, by the governor, the secretary of state, the auditor, the state superintendent of free schools, the treasurer, the commissioner of agriculture, the board of public works, the tax commissioner, the state archivist and historian, the commissioner of banking, the adjutant general, the chief of the department of mines, the superintendent of public safety, the board of control, the state road commission, the workmen’s compensation commissioner, the public service commission, or any other state officer, board or commission, or the head of any state educational, correctional, penal or eleemosynary institution.(Code 1849, c. 165, §1; Code 1860, c. 165, §1; Code 1868, c. 120, §1; 1872-3, c. 54, §1; 1882, c. 133, §1; 1909, c. 48; Code 1923, c. 120, §1.)
Revisers’ Note.—Section 1, c. 120, Code 1923, is enlarged to include specifically certain state officers and administrative boards and generally any state officer, board or commission or head of any state institution.
Legislative Note.—The words “upon questions of law” are added.
§2. To Act as Counsel for State.—He shall appear as counsel for the State in all causes pending in the supreme court of appeals, or in any federal court, in which the State is interested ; he shall appear in any cause in which the State is interested that is pending in any other court in the State, on the written request of the governor, and when such appearance is entered he shall take charge of and have control of such cause; he shall defend all actions and proceedings against any state officer in his official capacity in any of the courts of this State or any of the federal courts, when the State is not interested in such cause against such officer, but should the State be interested against such officer, he shall appear for the State; he shall institute and prosecute all civil actions and proceedings in favor of or for the use of the State which may be necessary in the execution of the official duties of any state officer, board or commission, on the written request of such officer, board or commission; he may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office, and may require a written report from them of the state and condition of the several causes, in which the State is a party, pending in the courts of their respective counties; he shall keep, in proper books, a register of all causes prosecuted or defended by him in behalf of the State or its officers and of the proceedings had in relation thereto, and deliver the same to his successor in office; he shall preserve in his office all his official opinions and publish the same in his biennial report.(Code 1849, c. 165, §2; Code 1860, c. 165, §2; Code 1868, c. 120, §2; 1872-3, c. 54, §2; 1882, c. 133, §2; 1909, c. 48; Code 1923, c. 120, §2.)
Revisers’ Note.—The words “board or commission, on the written request of such officer, board or commission” are added near the middle of this section.
§3. Assistants.—The attorney general may appoint three assistants to serve at his pleasure and to perform such duties as he may require of them. They shall each receive a salary of forty-eight hundred dollars per annum.(1909, c. 48, §2a; Code 1923, c. 120, §2a; 1925, c. 89, §5; 1929, c. 89, §5.)
Revisers’ Note.—The salary provisions of §2a, c. 120, Code 1923, as to the attorney general, are omitted as covered in §2, art. 7, c. 6. The authority given in said §2a to the assistants to perform any of the attorney general’s duties is omitted as being inadvisable. His duties as a member of the board of public works and other boards should not be delegated. The number of assistants, as well as their salaries, is changed to accord with §5, c. 89, Acts 1925 (the appropriation act).
Legislative Note.—Changes are made pursuant to §5, c. 89, Acts 1929 (the appropriation act)
§4. Report to Governor.—The attorney general shall annually, on or before the first day of November, deliver to the governor a report of the state and condition of the several causes, in which the State is a party, pending in courts mentioned in section two of this article.(Code 1849, c. 165, §3; Code 1860, c. 165, §3; Code 1868, c. 120, §3; 1872-3, c. 54, §3; 1882, c. 133, §3; Code 1923, c. 120, §3.)
§5. Fees to be Paid Into State Treasury.—On the final determination of any cause in any of the courts mentioned in the second section of this article, in which the attorney general appeared for the State, the clerk thereof shall certify to the auditor the fee of the attorney general which was taxed in the bill of costs against the defendant, and when such fee shall be collected it shall be paid into the state treasury and placed to the credit of the state fund.(Code 1849, c. 165, §5; Code 1860, c. 165, §5; Code 1868, c. 120, §4; 1872-3, c. 54, §4; 1882, c. 133, §4; 1909, c. 48; Code 1923, c. 120, §4.)
Article 4. Board of Public Works.
Revisers’ Note.—The following sections of c. 56, Code 1923, are omitted: Sections 3 and 4, as the State no longer has such an interest in any internal improvement as is contemplated in said §§3 and 4; §5, as the state road commission now has charge of the Cumberland road referred to therein; §§6-14, both inclusive, as obsolete. See §1, art. 17, c. 17.
§1. How Constituted; Duties.—The governor, secretary of state, auditor, superintendent of free schools, treasurer, attorney general, and commissioner of agriculture shall be and constitute a corporation under the style of “The Board of Public Works.” The said board shall have the powers and perform the duties prescribed for it by law.(1863, cc. 32, 43; Code 1868, c. 56, §1; 1872-3, c. 22; 1882, c. 100, §1; 1913, c. 30; Code 1923, c. 56, §1.)
Revisers’ Note.—The last sentence is new.
§2. Secretary; Records.—The secretary of state shall act as secretary of the board, and shall keep a record of the official acts thereof, and shall discharge such other duties as may be by the board prescribed. The proceedings of each day shall be signed by the officer presiding on that day and shall at all times be open to inspection.(1863, c. 43, §2; Code 1868, c. 56, §2; 1882, c. 100, §2; Code 1923, c. 56, §2.)