Chap. 312.—An ACT to amend and re-enact chapter 70 of the Code of 1887 as
amended by an act approved March 6, 1890, as amended by act approved March
1, 1892, relating to appointment of visitors, and by act approved February 23,
1894, giving the assent of Virginia to certain endowments provided by act of
congress, and by act approved March 5, 1896, amending sections 1586 and 1592
of the Code in relation to payment of interest and declaring the board of visitors
a corporation under control of general assembly, and by act approved February
18, 1896, as amended by act approved March 6, 1900, providing for the protec-
tion of domestic animals and authorizing the establishment of live stock quar-
antine lines, rules, regulations, etc.

Approved May 20, 1903.

1. Be it enacted by the general assembly of Virginia, That chapter
seventy, Code of eighteen hundred and eighty-seven, in regard to the man-
agement of the Virginia Agricultural and Mechanical College and Poly-
technic Institute and the Hampton Normal and Agricultural Institute, as
amended by an act approved March sixth, eighteen hundred and ninety,
as amended by act approved March first, eighteen hundred and: ninety-
two, relating to appointment of visitors, and by act approved Febru-.
ary twenty-third, eighteen hundred and ninety-four, giving the assent
of Virginia to certain endowments provided by act of congress, and- by
act approved March fifth, eighteen hundred and ninety-six, amending
sections one thousand five hundred and eighty-six and one thousand five
hundred: and ninety-two of the Code in relation to payment of interest,
and declaring the board of visitors a corporation under control of gen-
eral assembly, and by act approved February eighteenth, eighteen hun-
dred and nincty-six, as amended by act approved March sixth, nineteen:
hundred, providing for the protection of domestic animals, and au-
thorizing the establishment of live-stock quarantine lines, rules, and
regulations, be amended and: re-enacted so as to read as follows:

§ 1586. Payment of interest to the college and institute—The general
assembly having accepted the donation of lands proffered to Virginia hy
the act of congress of July second, eighteen hundred and sixty-two, with
the conditions and provisions therein contained, and the authorities of the
State having received from the government of the United States the land
scrip she was entitled to under said act of Congress, and the board of edu-
cation having, in conformity with the acts of February seventh, eighteen
hundred and seventy-two, and March nincteenth, eighteen hundred and
seventy-three, made sale of the scrip and invested the proceeds in the pur-
chase of State bonds, whiclf were directed to be set apart and to constitute
an edueation fund, the annual interest whereof was to be apportioned as
follows—that is to say: One-third thereof to the Hampton Normal and
Agricultural Institute, and two-thirds thereof to the Preston and Olin
Institute, on certain conditions in said act of March nineteenth, eighteen
hundred and seventy-two, named, one of which was that the name of the
said Preston and Olin Institute should be changed to the Virginia Agri-
cultural and Mechanical College, which has been done accordingly; and
the general assembly having by act of February twenty-sixth, eighteen
hundred and seventy-seven, directed the bonds aforesaid to be turned over
to the second auditor, who was required, in lieu of the same. to substi-
tute a statement prepared and signed in duplicate by the treasurer and
countersigned by the second auditor, showing the number, size, and char-
acter of said bonds, with the amount of interest due on them, severally,
which statement was to have all the validity and force of the bonds them-
selves, and that the accruing interest should be paid in accordance with the
act= already referred to,all of which has been done; all of said acts and the
proceedings of the State officers thereunder are recognized as valid and
binding. And it being deemed advisable to add to the name of the said
college the words “and Polytechnic Institute,” so that said college shall
hereafter be known as the Virginia Agricultural and Mechanical College
and Polytechnic Institute, it is enacted that the annual accruing interest
as aforesaid shall ecntinue to be paid until otherwise provided by law, as
follows—that is to say: One-third thereof to the Hampton Normal and
Agricultural Institute, in the county of Elizabeth City, and two-thirds to
the board of visitors of the Virginia Agricultural and Mechanical College
and Polvtechnic Institute, in the county of Montgomery, on the condi-
tions prescribed as aforesaid. And the general assembly of Virginia hav-
ing by act approved February twenty-third, eighteen hundred and ninety-
four. assented to the grants of money made under and in accordance with
the act of congress, approved August thirtieth, cighteen hundred and
ninety. it is enacted that the auditor of public accounts shall receive from
the secretary of the interior of the United States such sums of money as
shall he allotted to Virginia. under and in accordance with the act of con-
gress aforesaid, approved August the thirtieth, eighteen hundred and
ninety, and shall pay over the same as follows—that is to sav: One-third
thereof to the treasurer of the Hampton Normal and Agricultural In-
stitute, and two-thirds thereof to the treasurer of the Virginia Agricul-
tural and Mechanical College and Polytechnic Tnstitute, who shall re-
ceive and disburse the same as required by section two of the act of con-
gress aforesaid.

$1587. Students who may attend the college free of charge-—A num-
ber of students equal to four times the number of members of the house
526 ACTS OF ASSEMBLY.

of delegates, to be apportioned in the same manner, shall have the privi-
lege of attending said college without charge for tuition, use of laborato-
ries, or public buildings, to be selected by the school trustees of the respec-
tive counties, cities, and election districts for said delegates, with reference
to the highest proficiency and good character, from the white male stu-
dents of the free schools of their respective counties, cities, and election
districts, or, in their discretion, from others than those attending said free
schools.

§ 1588. Reversion of property on withdrawal of annuity.—If at any
time the said annuity should be withdrawn from the said college the
property, real and personal, conveyed and appropriated! to its use and bene-
fit by the trustees of the Preston and Olin Institute, and by the county of
Montgomery, shall revert to the said trustees and to the said county, re-
spectively, from which it was conveyed and appropriated.

§ 1589. Curriculum of the college—The curriculum of the said college
shall embrace such branches of learning as relate to agriculture and the
mechanic arts, without excluding other scientific and classical studies, and
including military tactics.

§ 1590. How long students may attend free of charge-—The said stu-
dents, privileged to attend the college without charge for tuition, use of
laboratories, or public buildings, shall continue to be selected for the
period of two years: provided, that on the recommendation of the faculty
of the said college for more than ordinary diligence and proficiency, any
student so selected may be continued by the said board of visitors for a
longer period.

§ 1591. Appointment of visitors of the college—The governor, by and
with the advice and consent of the senate, shall appoint eight persons
from farmers, mechanics, and graduates of said college, as visitors of said
college, selected. if practicable, two from each of the four grand divisions
of the State. Of the visitors now in office, that is, the four whose term of
office expires on the first of January, ninetcen hundred and four, shall
hold office until the first of July, nineteen hundred and four, and the four
whose term of office expires on the first of January, nineteen hundred and
six, shall hold office until the first of July, nineteen hundred and four.
Within six months preceding the day on which the term of office. respect-
ively, of the said members of the board will expire by limitation as afore-
said, the governor, by and with the consent of th senate, shall appoint to
fill the vacancics so occasioned four persons who shall hold office for two
years from the first of July, nineteen hundred and four, and four who
shall hold office for four vears from the first of July, nineteen hundred
and four, respectively. Within six months preceding the day on which the
terms of office. respectively, of the several members of the board will ex-
pire by limitation as aforesaid, the governor, by and with the consent of
the senate, shall appoint to fill the vacancies so to be occasioned persons
whose term of office shall be four vears from that date. If a vacancy occur
during the recess of the general assembly the governor shall fill it by ap-
pointment for the unexpired term of the late incumbent, subject to the
ratification of the senate at the next session of the general assembly. The
eight persons so appointed, together with the superintendent of public
instruction, and the president of the board of agriculture, who shall be
ex-officio members, shall constitute the board of visitors.

§1592. Board of visitors a corporation and under control of general
assembly.—The said board of visitors shall be and remain a corporation
under the name and style of the board of visitors of the Virginia Agricul-
tural and Mechanical College and Polytechnic Institute, and shall at all
times be under the control of the general assembly. All acts and parts
of acts relating to the Virginia Agricultural and Mechanical College, or
to the board of visitors of the Virginia Agricultural and Mechanical Col-
lege, shall be construed as relating to the Virginia Agricultural and Me
chanical College and Polytechnic Institute or the board of visitors of the
Virginia Agricultural and Mechanical College and Polytechnic Insti-

$ 1593. Rector and clerk; quorum.—The board of visitors shall ap-
pai from their own body a rector, who shall preside at their meetings,
and, in his absence, a president pro tempore. They shall also appoint a
clerk to the board. A majority of the board shall constitute a quorum.

§ 1594. When office of visitor deemed vacant.—If any visitor fail to
perform the duties of his office for one year without good cause shown
to the board, the said board shall, at the next meeting after the end. of
such year, cause the fact of such failure to be recorded in the minutes of
their proceedings, and certify the same to the governor, and the office of
such visitor shall thereupon be vacant. Ifso many of such visitors fail to
perfornt their duties that a quorum thereof do not attend: for a year, upon
a certificate thereof being made to the governor by the rector or any mem-
ber of the board, or by the chairman of the faculty, the offices of all the
visitors failing to attend shall be vacant.

§ 1595. Meetings of board.—The said board shall meet at Blacksburg, in
the county of Montgomery, at least once a year, and at such other times
or places as they shall determine, the days of meeting to be fixed by them.
Special meetings of the board may be called by the governor, the rector,
or any three members. In either of said case, notice of the time and place
of meeting shall be given to every other member.

§ 1596. Their duties; and expenses.—The said board shall be charged
with the care and preservation of the property belonging to the college.
They shall appoint as many professors as they deem proper, and, with
the assent of two-thirds of the members of the board, may remove any
professor or other officer of the college. They shall prescribe the duties
of each professor and the course and mode of instruction. They shall ap-
point a president of the college, and may employ such agents or servante
as mav be necessary; shall regulate the government and discipline of the
students ; and, generally, in respect to the government of the college, may
make such regulations as they deem expedient, not contrary to law. Such
reasonable expenses as the visitors may incur in the discharge of their
duties shall be paid out of the funds of the college.

$1597. Professors’ salaries; fees of students.—Fach professor shal] re-
ceive a stated salary, to be fixed by the board of visitors; and the board
shall fix the fees to be charged for tuition of students other than those
allowed under this chapter to attend the college, free of tuition, which
shall be a credit to the fund of the college.

§ 1598. Experimental farms and laboratorics.—A portion of the fund,
not exceeding ten per centum of the proportion assigned to the said col-
lege and the said institute, may be expended, in the discretion of the
boards of visitors of the said institutions, respectively, in the purchase
of lands for experimental farms for each of them; and a portion of the
accruing interest may be, from time to time, expended by the respective
boards in the purchase of laboratories suitable and appropriate for the
said institutions.

§ 1599a. Agricultural experiment station—The agricultural experi-
ment station established at the said college shall be continued, and the
same to be maintained by such appropriations as the congress of the
United States may make for the purpose. First. That it shall be the duty
of the board of control of the experiment station of the Virginia Agricul-
tural and Mechanical College and Polytechnic Institute at Blacksburg
to’ protect the domestic animals of this State from. all contagious or
infectious diseases of a malignant character, whether said diseases exist
in the State or elsewhere, and for this purpose they are hereby authorized
and empowered to establish, maintain, and enforce such quarantine lines
and sanitary rules and regulations as they may deem necessary. It hall
also be the duty of said hoard to co-operate with live stock quarantine
commissioners and officers of other States and Territories, and with the
United States secretary of agriculture in establishing such interstate
quarantine lines, rules, and regulations as shall best protect the live stock
industry of this State against Texas or splenetic fever. It shall be the
duty of said board, upon receipt by it of reliable information of the ex-
istence among the domestic animals of the State of any malignant dis-
ease, to cause the veterinarian emploved at said experiment station to
go at once to the place where any such disease is alleged to exist and

make a careful examination of the animals believed to be affected with
any such disease, and ascertain, if possible, what, if anv, disease exists
among the live stock reported to be affected, and whether the same is
contagious or infectious; and if said disease is found to he of a malig-
nant, contagious, or infectious character, they shall direct and enforce
such quarantine lines and sanitary regulations as are necessary to pre-
vent the spread of any such disease. And no domestic animal infected
with disease or capable of communicating the same shall be permitted
to enter or leave the district. premises or grounds so quarantined, ex-
cept by authority of the said board or its veterinarian. The said board
shall also, from time to time, give and enforce such directions and pre
scribe such rules and regulations as to separating, feeding, and caring
for such diseased and exposed animals as they shall deem necessary to
prevent the animals so affected with such disease, or capable of com-
municating disease, from coming in contact with other animals not so
affected. And the said hoard and its veterinarian are hereby authorized
and empowered to enter upon any grounds or premises to carry out the
provisions of this act.
Second. When the said board shall have determined the quarantine
lines and other regulations necessary to prevent the spread among do-
mestic animals of this State of anv malignant, contagious, or infectious
disease found to exist among the live stock of this State, or clsewhere,
and given their orders as hereinbefore provided, prescribing quarantine
and other regulations, they shall notify the governor of the State, who
shall issue his proclamation, proclaiming the boundary of such quar-
antine around such diseased stock, and the orders, rules, and regula-
tions prescribed by the board; and said board shall give such notice
as to it may seem best to make the quarantine established by them ef-
fective.

Third. The said board shall have power to carry into full effect all
orders by them given, as hereinbefore provided, and the expense incurred
by it shall be paid out of the treasury of the State on warrants drawn
by the chairman of said board: provided, that no expense shall be in-
curred except such as may be necessary to carry into effect the necessary
quarantine and other regulations prescribed by said board. And said
board shall have the power to direct the veterinarian emploved at said
experiment station to assist it in the investigation of the diseases
amongst the live stock of this State whenever they may deem his ser-
vices necessary: provided, that no compensation shall be paid said veteri-
narian other than his actual expenses while engaged in such duties.

Fourth. When the said board shall have good reason to believe that the
health of the live stock of the State is endangered by the existence of con-
tagious and infectious diseases in certain localities in other States, Territo-
ries. or counties, or that there are conditions which render such domestic
animals from such infected districts liable to convey such disease, they
shall notify the governor, who shall by proclamation prohibit the impor-
tation of any live stock of the kind diseased into the State, unless ac-
companicd by a certificate of health given by a properly authorized
veterinarian, and all such animals arriving in this State shall be ex-
amined immediately by a veterinarian designated by the board, and if, in
his opinion, there is anv danger from contagion or infection, they shall
he placed in close quarantine at the expense of the owner until such
danger of infection or contagion is passed, when they shall be released
by order of the said veterinarian.

Fifth. It shall be the duty of the railway corporations doing hui
ness in the State to cleanse and disinfect the cars used by them in trans-
porting live stock in or through this State at sueh times and places and
jn such manner as the board may designate, whenever, in the opinion of
the hoard, any such order may be necessary to prevent the spread of in-
fectious or contagious disease. Any such corporation violating the pro-
visions of this section shall be liable to a penalty of five hundred dol-
lars for cach offense, to be recovered in a civil action, to be prosecuted
under the direction of the attorney-general in the name of the Com-
monwealth of Virginia.

Sixth. Any railroad company. navigation company, or other corpora-

tion or common carrier, who shall knowingly or wilfully violate, disregard,
ec”
530 ACTS OF ASSEMBLY.

or evade any of the rules or directions of the board or veterinarian, cs-

blishing or governing quarantine, or who shall evade or attempt to
evade, any quarantine proclamation of the governor of this State de-
claring quarantine limits, upon conviction thereof shall be fined not
less than five hundred dollars, nor more than five thousand dollars, for
each and every offense, and shall be liable for all damages caused to any
live stock by its failure to comply with the requirements of this act.

Seventh. It shall be the duty of any owner or person in charge of
any domestic animal or animals, who discovers, suspects, or has reason to
believe that any of his domestic animals, or domestic animals in his
charge, are affected with any contagious or infectious disease, to im-
mediately report such fact, belicf, or suspicion to the said board, and to
the chairman of the board of supervisors of the county in which said
domestic animals are found. ;

Eighth. The board of supervisors of each county, whenever any cases
of contagious or infectious diseases are reported to them in their county,
shall immediately investigate the same. The investigation may be by
the board, or any member thereof, or by the employment of a quali-
fied veterinarian; and should such investigation show a reasonable pro-
bability that a domestic animal is affected with a contagious or infec-
tious disease, the supervisors shall immediately establish such temporary
quarantine as may be necessary to prevent the spread of the disease, and
report all action taken to the board of control of the experiment station
of the Virginia Agricultural and Mcchanical College and Polytechnic
Institute at Blacksburg, or some member thereof; and the acts of the
supervisors estahlishing temporary quarantine shall have the same force
and effect as though established by the board of control itself, until
such time as the said board of control shall take charge of the case or
cases. And that the boards of supervisors of each county be hereby au-
thorized and empowered to quarantine against any other county in the
State of Virginia on account of Texas or splenetic fever or parasites,
which may convey said disease, under the supervision of the board of
control of the Virginia agricultural experiment station, or its veteri-
narian. Before establishing such county quarantine the board of super-
visors shall advise with the board of control, or its veterinarian, and the
county quarantine established by the board of supervisors shall conform
to the rules and regulations which may be prescribed by the board of con-
trol, or its veterinarian. It shall be the duty of the board of super-
visors to rigidly enforce any such quarantine established in their county,
and all expenses incurred by the supervisors in carrying out such quar-
antine shall be paid in like manner as other expenses incurred by said
supervisors in the discharge of their official duties. The quarantine es-
tablished against other infected counties may be so established without
proclamation by the governor.

Ninth. Any person who shall knowingly bring into this State any do-
mestic animal which is infected with any contagious or infectious dis-
ease, or any animal which has heen exposed to any contagious or infec-
tious disease, or which hears upon its body fever-ticks, or other germs
or causes of disease, shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be fined in any sum not less than one hundred
dollars, nor more than five hundred dollars.

Tenth. Any person who owns or who is in possession of live stock
which is reported to be affected with any contagious or infectious dis-
ease, or insects which may produce disease, who shall refuse to allow said
board, or any one acting under its order, to examine such stock, or shall
hinder or obstruct the said board or appointee in any examination of, or
any attempt to examine such stock, shall be deemed guilty of a misde-
meanor, and, upon conviction thereof, shall be fined in any sum not less
than one hundred dollars, nor more than five hundred dollars.

Eleventh. Any person who shall have in his possession any domestic
animal infected with any contagious or infectious disease or fever-ticks,
knowing such animals to be affected, who shall permit such animal to
run at large, or who shall keep such animal where other domestic ani-
mals not affected by, or previously exposed to such disease, may be ex-
posed to its infection or contagion, or who shall ship, drive, sell,
trade, or give away such diseased animal or animals which have been
exposed to such infection or contagion, or who shall move or drive any
domestic animal in violation of any direction, rule, regulation, or order of
the board of control, establishing and regulating live stock quarantine,
shall be deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be fined in any, sum not less than ten dollars, nor more than one
hundred dollars for each of such exposed or diseased domestic animals
which he shall permit to run at large, or sell, ship, drive, trade, or give
away in violation of the provisions of this act: provided, that any owner
of domestic animals which have been affected with or exposed to any con-
tagious or infectious disease may dispose of the same after having ob-
tained from said board or caaiauat 4 surgeon a bill of health for such
animal or animals.

Twelfth. The said board shall have power to call upon any sheriff or
deputy sheriff, or constable, to execute their orders, and such officer shall
obey the orders of said board, and the officer or officers performing these
duties shall each be entitled to one dollar and fifty cents per day for him-
self and horse. which payment shall be made upon a sworn account, ap-
proved by said board: provided, said expenses under this section shall
not exceed in anv event five hundred dollars per annum.

Thirteenth. Except as otherwise provided in this act, any person who
shall violate, disregard, evade, or attempt to violate, disregard, or evade
any of its provisions, or who shall violate, disregard, or evade, or attempt
to violate, disregard, or evade any of the rules, regulations, orders, or di-
rections of the said board establishing and governing quarantine, shall
be deemed guilty of a misdemeanor, and, upon conviction thereof, shall
be fined in any sum not less than ten dollars, nor more than one hun-
dred dollars.

Fourteenth. Be it further enacted, That the disease known as tubercu-
losis shall he classed as a highly contagious and infectious disease, and
such measures shall be taken by the board and its authorized veterinarian
532 ACTS OF ASSEMBLY.

as to them may secm necessary to eradicate and prevent the spread of
said disease.

§ 1600. Bond of treasurer—The board shall require the treasurer,
or officer in whose hands the funds of the college may be placed, to give
bond in double the amount of the annual income of the college, pav-
able to the Commonwealth, with condition for the faithful discharge of
the duties of his office, which bond, being approved by the board and en-
tered at large on its journal, shall be transmitted to the auditor of pub-
lic accounts, and remain filed in his office.

$1601. Donations to the college.—It shall be lawful for the board to
accept the subscription of any county made under an act to authorize
subscriptions in aid of the said college, approved March twenty-first.
eighteen hundred and seventy-two, and also the donation of any individ-
ual, in aid of the purposes and objects of said college; and such donations
and subscriptions, when made, shall be held by said board in trust for the
benefit of said college, on condition that the same shall revert to the seve-
ral donors or subscribers, pari passu, if at any time the State of Virginia
should withdraw from the use of the said college the interest accruing
on the proceeds of the land scrip, as provided in this chapter.

$1602. Conditions of the annuity to the institute; curators of the
fund.—The said appropriation to the Hampton Normal and Agricultural
Institute is upon condition that the trustees thereof shall continue to
maintain and support therein one or more schools or departments wherein
the leading object shall be instruction in such branches of learning as re-
late especially to agriculture, the mechanic arts, and military tactics. On
the first day of January, eighteen hundred and eighty-nine. and on the
first day of January in every fourth year thereafter, the governor shall
appoint six persons, citizens of the Commonwealth, three of whom shall be
of African descent, as curators of the fund appropriated as aforesaid. to
the said institute. The present curators, unless sooner removed, shall con-
tinue in office until the first day of January, eighteen hundred and eighty-
nine. ,

$ 1603. Selection of students.—The trustecs of said institute may select
not less than one hundred students, with reference to their character and
proficiency, from the colored free schools of the State. who shall have the
privilege of attending the said institute on the same terms that State stu-
dents are allowed to attend the agricultural and mechanical college, under
section fifteen hundred and ninety. :

$ 1604. Treasurer of institute: his appointment and bond.—The cura-
tors of the said institute shall appoint a treasurer, who mav be allowed a
reasonable compensation, and who shall be required to enter into bond,
payable to the Commonwealth, in a penalty at least double the amount of
the annual income which may arise from the proceeds of the land serip ap-
portioned to said institute, and with condition for the faithful discharge
of the duties of his office.

$1605. Board of education to turn over funds to institute and college;
payment of interest on debt of State held by them.—The board of educa-
tion shall pay and turn over to the said treasurer for the said institute,
ind to the board of visitors of the Virginia Agricultural and Mechanical
Sollege and Polytechnic Institute, all funds received by them for the use
ind benefit of said institutions, respectively ; and the second auditor shall
iraw on the public treasury in favor of the said treasurer and board of
risitors, respectively, from time to time, until otherwise ordered, for the
ame rate of interest as may be paid by act of the gencral assembly to
other incorporated colleges or seminaries of learning in this State, on all
oonds of the Commonwealth, or bonds guaranteed by the Commonwealth,
held by or for such institutions.

§ 1606. Annual report of college and institute—An annual report
shall be made by the president of each of said institutions, after the close
of each collegiate year, to the board of visitors, of the condition of each
institution, its receipts and disbursements during the preceding year, the
amount of salary paid to each professor, the amount received in tuition
fees from pay students, any improvements and experiments made, with
their costs and results, and such other matters, including State, industrial,
and economical statistics, as may be supposed useful; a copy of which
shall be furnished to the superintendent of public instruction, to be laid
before the general assembly at its next regular session.

§ 1607. Power of general assembly.—The general assembly reserves to
itself the power, at any time, to repeal or alter any provisions of this chap-
ter, and to withdraw from either of said institutions the whole or any part
of the appropriations made to them.