Chap. 639.—An ACT to permit city and county school boards to change the
depositaries of school funds, to prescribe the methods therefor, and to fix
the compensation, duties and responsibilities of such depositaries.

Approved March 5, 1894.

1. Be it enacted by the general assembly of Virginia, That it shall
be the duty of the superintendent of schools of any county or city
of this commonwealth whose treasurer fails to pay, upon presenta-
tion, any warrant drawn on him for school purposes, to require such
treasurer to furnish to the said superintendent, within thirty days
thereafter, a statement, under oath, of all moneys in his hands or
collected by him for school purposes, whether they be state, county,
city or district funds, and the amount of each of said funds he may
have disbursed.

2. That whenever any county or city treasurer refuses or fails to
furnish the statement as required in section one of this act, in the
time and manner therein prescribed, or fails to pay, upon presenta-
tion, any warrant drawn on him for school purposes, having in hand
sufficient funds to pay such warrant, it shall be the duty of the
school superintendent of such county or city to notify the school
board thereof of such failure; and it shall be the duty of such
school board, and they are hereby empowered, to direct that all
funds held by the treasurer of the county or city for school pur-
poses, whether they be state, county, city or district funds, be trans-
ferred and paid over by the treasurer of said county or city to such
depositary as the said county or city school board may designate.
No commission shall be allowed said treasurer for the disbursement
of any money he is hereby required to turn over to the depositary.

3. The county or city school board shall enter on their minutes an
order or resolution directing the transfer of funds as provided by
the second section of this act, and designate the depositary to which
said funds are to be paid, and shall cause a copy of said order or reso-
lution to be delivered to the judge of the county or corporation
court, the treasurer of the county or city, and the several district
school boards of their county.

4, Such depositary shall reside in the county or city for which he
is appointed, and before receiving any money under this act shal}
enter into bond, with good security, before the county or corporation
court of such county or city, or the judge of such court in vacation,
in such penalty as shall be prescribed by such court or judge, which
bond shall be payable to the commonwealth, and with conditions to
faithfully account for and pay over all moneys received by such de-
positary by virtue of his office.

5. Such depositary shall receive the same compensation as is paid
to county and city treasurers for disbursing state school funds, and
be subject to the same pains and penalties as are now inflicted by
law on county or city treasurers, and be recovered before the same
courts and in the same manner as the same are recovered of such
treasurers. All laws now in force, or hereafter enacted with refer-
ence to drawing warrants for school funds on county or city treasu-
rers, the payment of said warrants, making settlements with county
or city school boards, rendering statements, paying over funds to de-
positaries, or in any way affecting the disbursement of funds held
by county or city treasurers for school purposes, shall apply to such
depositaries in like manner as the same apply to such county and
city treasurers.

6. As soon as the bond required of the depositary under the fourth
section has been given, the city schoo] board and the several dis-
trict school boards shall draw warrants on such treasurer for all
schoo! funds in his hands, whether state, city, county or district
funds, in favor of said depositary, and deliver the same to the de-
positary. The warrants shall be signed by the president and secre-
tary of such city or district school board, and shall be forthwith
presented by such depositary for payment to the treasurer of such
city or county, who shall pay the same on demand.

7. If any treasurer of any city or county shall fail to pay any such
warrant on demand, as hereinbefore provided, the amount of such
warrant, together with damages thereon, after the rate of ten per
centum per month, and costs, including an attorney’s fee of five dol-
lars, may be recovered of him and the sureties on his official bond
by said depositary, in the manner and before the courts mentioned
in sections eigbt hundred and sixty-three and eight hundred and
sixty-five of the code, or either of said sections. And it shall be
the duty of such depositary to take such proceedings to recover the
amount of such warrants.

8. This act shall be in force from its passage.