Chap. 459.—An ACT requiring the trustees of the will of James L. Shoema-
ker, deceased, to give security and file accounts as to endowment fund for
educational purposes.

Approved February 27, 1894.

1. Be it enacted by the general assembly of Virginia, That James
B. Richmond, Patrick Hagan and William F. Edmonds, the trustees
appointed by the last will and testament of James L. Shoemaker,
late of Gate City, Scott county, Virginia, who were, by the provi-
sions of the said will, appointed a board of trustees to control the
fund directed by the said will to be set apart out of the estate of the
said decedent for the education of indigent white males and females,
and their successors in office shall severally, before acting as such
trustees, execute bond before the clerk of the circuit court of Scott
county, to be approved by the said court, or the judge thereof in
vacation, in such penalty as may be fixed by the said court, or the
judge thereof in vacation, conditioned that they will well and truly
account for, pay over and deliver, in accordance with the provisions
of the said will, all sums of money, evidences of debt, and other
securities or property which shall or may come into their hands or
under their custody or control by virtue of their said office or trust,
and that they will faithfully perform their duties as such trustees
under the said will and according to the terms thereof.

2. It shall be the duty of the said circuit court, or the judge
thereof in vacation, annually to direct one of the commissioners of
the said court, or other suitable person, as special commissioner, to ex-
amine and make report to the court as to the solvency or sufficiency
of the bonds of the said trustees, respectively, which report shall be
filed by the clerk of the said court among the records thereof, and
if at any time it shall appear from or by such report that there
isany doubt, distrust or cause of suspicion as to the solvency or
sufficiency of the bond or bonds of any or either of the said trustees,
or, irrespective of any such direction or report, and at the discre-
tion of the court, or the judge thereof in vacation, the said court, or
the judge thereof in vacation, shall and may forthwith direct the
said clerk to issue an order for the trustee or trustees whose bond or
bonds shall have been so reported upon as aforesaid, or whom the
court, or the judge thereof in vacation, may deem it fit and proper
to examine in the premises, to appear before the court at the then
next term thereof, or before the judge in vacation, at its or his discre-
tion, to show cause, if any, why such trustee or trustees should not
forthwith provide other good and substantial security, to the satis-
faction of the said court, or of the judge thereof in vacation, or, on
default or failure thereof, be removed from his or their said office of
trustee or trustees; and the said court, or the judge thereof in va-
cation, shall be, and is hereby, directed and empowered, at the hear-
ing, to make such order in the premises either as to the retention in
ofice, upon terms or otherwise, or removal from office of the said
trustee or trustees as to the said court, or the judge thereof in va-
cation, shall seem proper; and upon every and any such removal
from office a new trustee or trustees, as the case may be, shall be
appointed to the vacancy or vacancies caused by such removal, in
the manner provided in and by the said will in the case of the death
orremoval from Scott county, or otherwise vacating the trust of or
by any of the trustees appointed by the said will.

3. The said James B. Richmond, Patrick Hagan and William F.
Edmonds, as such trustees aforesaid, and their successors in office,
shall annually, in the month of July, file with the clerk of the said
court, duly signed and deposed to on oath by them respectively, an
account showing all their receipts and payments as trustees, as
aforesaid, for the years preceding in respect of the said fund, and
the state of investment of the said fund, and the securities held for
the same; which said account shall, as soon thereafter as practi-
cable, be audited by the commissioner of accounts of the said court,
who shall have power to call for all vouchers, securities, documents
and papers, and who shall forthwith, after every such audit, report
i result thereof to the said court, or to the judge thereof in vaca-

ion.

4. This act shall be in force from the passage thereof.