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1997 SESSION


CHAPTER 836
An Act to amend and reenact §§ 17-47, 17-74, 17-75 and 17-76 of the Code of Virginia, relating to court books and records in need of repair.
[H 1991]
Approved April 2, 1997

Be it enacted by the General Assembly of Virginia:

1. That §§ 17-47, 17-74, 17-75 and 17-76 of the Code of Virginia are amended and reenacted as follows:

§ 17-47. Copying of records becoming illegible or wearing out.

The judge or, if so designated by the judge, the clerk of each court of record, when satisfied that the records and papers in the office of the clerk of his court are becoming illegible or are wearing out and is of the opinion that the same should be preserved, may order the records and papers copied or photographed or otherwise duplicated.

The copies of the records and papers shall be examined and compared by the clerk with the originals and when he is satisfied that the copies are exact he shall certify them as true copies; the copies when so examined and certified shall be kept in the same place in which the originals are kept and the latter shall continue to be carefully preserved.

The city or county in which the clerk's office is located, any papers of which have been so copied, shall bear the expense of the same.

§ 17-74. Books, etc., in clerks' offices rebound, transcribed, microfilmed or digitally reproduced; credit given to transcripts, etc.

Any court of record or, if so designated by the judge, the clerk thereof may cause any of the books or records in its the clerk's office which may be in need thereof to be rebound, transcribed or, microfilmed or digitally reproduced. The same faith and credit shall be given to such transcript or reproductions from the microfilm as the book or record transcribed would have been entitled to.

§ 17-75. Books may be taken from clerk's office to be rebound, etc.

The court or, if so designated by the judge, the clerk directing any book or books to be bound, rebound or, microfilmed or digitally reproduced as aforesaid may allow the same to be taken from the clerk's office in which such book or books may be on file, but shall take all necessary and proper precautions, by requiring bonds or otherwise, to insure the preservation and return and to prevent the mutilation thereof.

§ 17-76. How costs thereof certified and paid.

The cost incurred shall be certified by such court or, if so designated by the judge, the clerk to the board of supervisors or other governing body of the county or to the council of the city in whose clerk's office the books or records so bound, rebound, microfilmed or, transcribed or digitally reproduced are on file, to be paid as a charge on such county or corporation city.