CHAPTER 553

AN ACT to amend and reenact § 1, as amended, of Chapter 61 of the
Acts of Assembly of 1874, approved February 24, 1874, relating
to Miller Fund and Miller Manual Labor School, the section
relating to charter of the corporation, so as to change the name
of the school.

[H 717]

Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 1, as amended, of chapter sixty-one of the Acts of
Assembly of eighteen hundred seventy-four, approved February
twenty-four, eighteen hundred seventy-four, be amended and re-
enacted, as follows:

§ 1. Clause I. The Miller Manual Labor School of Albemarle
shall be continued and the trustees thereof, appointed as hereinafter
provided, shall be and remain a corporation by the name of The
Miller * School of Albemarle, and shall have perpetual succession,
and a common seal, which it may alter or renew at pleasure, and
may sue and be sued, implead and may be impleaded, contract and
be contracted with, purchase, take by grant, devise or bequest and
hold estates, real and personal, for the uses and purposes of said *
school. Whenever the words “Miller Manual Labor School” appear
in this act they shall be construed to refer to said corporation.

Clause II. The members of said corporation, as organized
under said act of the General Assembly, approved February twenty-
fourth, eighteen hundred seventy-four, and amendments thereof,
shall continue members of said corporation until trustees appointed
as provided in clause three shall have been appointed and shall
qualify.

Clause III. A board of five trustees shall be appointed by the
Governor, and confirmed by the Senate, to hold office for the term
of eight years, provided that at the first appointment two trustees
shall be appointed for the term of four years, from the first day of
February, nineteen hundred twenty-eight, and three for the term
of eight years from the first day of February, nineteen hundred
twenty-eight and all successive appointments shall be for a term of
eight years. Any vacancy in the office of the trustee, by expiration
of term or otherwise, shall be filled by the Governor by reappoint-
ment of the retiring trustee, or, in the discretion of the Governor,
from a list furnished by the remaining trustees, although less than
a quorum, which list shall contain at least twice as many names
as there are vacancies to be filled. Vacancies caused otherwise than
by expiration of term, shall be filled for the unexpired term.

Clause IV. The board of trustees constituted as provided in
clause three shall appoint one of their members as chairman and
shall appoint a secretary, who may or may not be a member of the
board. Meetings of said board shall be held at such times and
places as shall be designated by the chairman or by three members
thereof. The board shall make all necessary rules and regulations
in respect to meetings and proceedings thereof.

Clause V. The board shall appoint, as fiscal agent or agents,
one or more strong, well-known banks or trust companies doing
business in the State which shall continue as such fiscal agent at
the pleasure of the board. All money and securities belonging to
said corporation shall at all times be in the custody of said fiscal
agent, or agents, the board determining what securities and what
money shall be in the custody of each fiscal agent, if there be more
than one. The funds, stocks, securities and investments belonging
to the trust fund created by said twenty-fifth clause, shall be kept
scrupulously separate and be sacredly and forever devoted to the
uses and purposes of said * school.

Clause VI. The corporation shall continue to hold the legal
title to all property dedicated by the will of Samuel Miller and by
the compromise referred to in the preamble of the act of the General
Assembly approved February twenty-fourth, eighteen hundred
seventy-four, and all other property acquired by it, for the use and
benefit of said school. The board of trustees appointed as provided
in clause three shall discharge, in addition to the duties devolving
upon them as members of said corporation, all the duties devolved,
and exercise all the powers conferred by said twenty-fifth clause
of said will upon the board of the literary fund, and may invest the
funds belonging to said corporation in safe and profitable stock or
securities, although not legal investments for fiduciaries.

The fiscal agent or agents shall in respect to money and secur!-
ties committed into its or their charge, as provided in clause five
1ereof, discharge all the duties devolved by said twenty-fifth clause
»f the will of Samuel Miller upon the Comptroller and shall receive
such compensation as may be allowed by the board of trustees.

The circuit court of Albemarle county is authorized and re-
juired sitting in term by orders entered upon a record book to be
cept by the clerk of said court especially for that purpose to dis-
‘harge all the duties devolved, and exercise the powers conferred
yy said twenty-fifth clause upon the circuit court of said county.

The charges and expenses attending the establishment and
upport of said school, including the purchase of land (should any
be purchased) the erection of buildings, the feeding, clothing, and
education of the pupils, the charges for medical attendance upon
them, and everything incident thereto and connected with the said
school, shall, when examined, allowed and certified by the said
circuit court of Albemarle county and approved by the board of
trustees, be paid by the said board of trustees out of the income and
profits of the trust fund created by twenty-fifth clause of said will.
The record book aforesaid shall be provided from the fund, and the
clerk of the said court shall receive for keeping the same, fees
allowed by law for orders in the order book of said court, to be paid
out of the same income and profits as other claims are provided to
be paid. And for the duties imposed upon the said circuit court,
and for the services required to be rendered by the judge thereof,
every such judge shall receive compensation in addition to his
regular salary, and the amount of such compensation shall be fixed
by the said board of trustees for each year, and shall be paid by the
said board, out of said income and profits, in the manner provided
for the payment of other claims, as a part of the expenses necessary
for the execution of the trust; but the same shall never, in any case,
exceed the sum of six hundred dollars per annum. And the district
school trustees of the respective school districts of the said county
and of the City of Charlottesville, shall meet annually on the Tues-
day after the third Monday in July, and if necessary for appoint-
ment of pupils of said school, also on the Tuesday after the third
Monday in January, or if from any cause they fail to meet on such
days, or either of them, at such times thereafter as the circuit court
may appoint, at the school, unless some other place of meeting
within said county or city be fixed by them, and select and desig-
nate, subject to appointment by the circuit court, as provided for
in the twenty-fifth clause of said will, as pupils of the said school,
those described in the said clause and required by the testator to
be so selected, having qualifications as prescribed by the circuit
court. At such meeting a majority of all the school trustees for said
county and city shall constitute a quorum for business, and a
majority failing to attend, those present may adjourn from day to
day, or from time to time, until a quorum shall attend. The county
superintendent of schools and the clerk of the circuit court, shall
be exofficio the chairman and secretary, respectively, of such
meetings, but those officers, or either of them, being absent, the
meeting may elect from its members a chairman or secretary, or
both, pro tempore. The said clerk, acting as secretary, shall have
no vote, and the superintendent of schools, acting as chairman.
shall vote only in case of a tie. At such meetings of the school
trustees of the City of Charlottesville, and the County of Albemarle.
or any adjourned meeting, the school trustees of the City of Char-
lottesville shall only be entitled to cast two votes on any question
that may be presented to such meeting. The mode of selecting the
two members of the said city school trustees to cast said votes shall
be done by said city school trustees in the manner deemed best by
them. In all other matters, except voting, all of the said city school
trustees shall have the same privileges as the school trustees of the
said county. The secretary shall keep a minute and accurate ac-
count of the proceedings in a well-bound book, which shall be kept
by him, except when needed at the annual meeting of the trustees,
in the circuit court clerk’s office, open to inspection in the same
manner as the other records in said office. To the terms of the
circuit court of Albemarle immediately succeeding such meetings
the said trustees shall have written reports of the pupils selected
by them, specifying the length of time they shall respectively con-
tinue in the school. Such reports may be made by their chairman
and secretary. The pupils so selected, when appointed, by the cir-
cuit court, shall be subject to the discipline and to all the rules and
regulations adopted for the government of the school, and may at
any time be honorably discharged or expelled for cause by the said
circuit court, or by the judge thereof in vacation, on the recom-
mendation of the visitors of the said school. For the services re-
quired by this act, the superintendent of schools, acting as chair-
man, and each trustee, shall receive five dollars for each meeting
actually attended, not exceding two, and the secretary shall receive
ten dollars per annum, to be paid out of the income and profits of
the fund in manner provided for the payment of other claims.
Clause VII. It shall at all times be competent for the General
Assembly, at its discretion, to change the organization of said cor-
poration and the agencies by which said charity shall be admin-
istered, more effectually to carry out the objects and purposes of
said testator for the establishment and perpetual support of the
ichool in the said twenty-fifth clause of said will mentioned from
which objects and purposes the Miller fund shall not be diverted.