Chap. 257.—An ACT to enable the city of Winchester to accept the bequest of
John Handley, deceased, to validate the same, and provide for the adminis-
tration thereof.

Approved February 7, 1896.

1. Be it enacted by the general assembly of Virginia, That the
bequests made by the will of the late John Handley for the erec-
tion, equipment, and maintenance of a public library in the city of
Winchester, and the other provisions of the said will for the benefit
of the said city and the inhabitants thereof, be, and the same are
hereby, declared lawful and valid; and it shall be lawful for the
said city to accept the same and provide for the administration
thereof in accordance with the said will.

2. As soon as possible after the passage of this act the common
council of Winchester shall elect a board of trustees, consisting of
nine citizens over the age of twenty-one years, who shall be resi-
dents of Winchester, and three of whom shall be elected for a term
of six years, and three for a term of nine years, and three for a term
of twelve years, but no one shal! hold the office of councilman and
that of trustee at one and the same time.

Upon the expiration of the term of office of each of said trustees
his successor shall be chosen in like manner for a term of twelve
years. Any vacancies in said board through death, resignation, re-
moval from the city, or otherwise, shall be filled by the common
council for the unexpired term. The duties of this board shall be to
carry out the objects of the benefactions of the will of the late John
Handley, so far ag they relate to the city of Winchester, and super-.
intend and direct the custody and investment of the fund arising
ander the said will for these purposes, but no plan for the ultimate
application of the said fund, in whole or in part, for the purposes of
said will shall be valid until the same has been reported to and ap-
proved by the common council of the city of Winchester, as herein-
after provided.

The said trustees shall serve without compensation, and no mem-
ber of the board of trustees shall receive any compensation for any
services rendered or labor performed for the board, nor shall he be
interested, directly or indirectly, in any contract said board shall
make.

The said trustees shall annually, and at such other times as the
council may require, or the trustees may see proper to do so, report to
the common council of the said city their proceedings for its informa-
tion; and the said annual report, and such other reports as the coun-
cil may direct, shall be published at least once a week for two suc-
cessive weeks in at least one newspaper published in Winchester;
and they shall, as soon as it becomes necessary, appoint a treasurer
to handle the funds of the said board, who shall not be a member of
the board, who shall hold his office at the pleasure of the board, and
who shall give bond with surety, corporate or personal, as the board
may determine, payable to the city of Winchester, in such penalty
as the said board may fix; and from time to time, when so required
by the said board, he shall renew his said bond or add to its penalty.
His compensation shall be such as the board, from time to time, may
fix, and his duties shall be, upon the order of the board, to receive
and keep and disburse said funds, keeping the same on deposit in
the banks of Winchester, in equal amounts, unless said board, on
some emergency arising, may order otherwise, subject to his check
as treasurer, countersigned by the president of the said board; and
also to have charge of all securities, investments, and other choses in
action belonging to said trust; and he shall discharge such other
duties as may, from time to time, be required of him by said board.
He shall in all respects be under the control and subject to the orders
of said board ; and he shall annually settle his accounts as do other
fiduciaries in the corporation court of said city.

3. Payments on account of said bequests to the treasurer, by order
of the board, shall be a full and complete acquittance and discharge
to any fiduciary or other person; and no personal responsibility for
the ultimate application of the funds for the purposes of the be-
quests which shall have been approved by the common council, as
hereinafter provided, shall rest upon the said board of trustees or
upon any member thereof.

4. When any plan for the ultimate disposition of any such fund,
as hereinbefore provided, shall have been reported to the common
council of said city by the board of trustees, and approved by it, the
same shall not be questioned in any court of law or chancery of this
cOmmonwealth, unless upon suit brought in the corporation court of
the city of Winchester or the circuit court of Frederick county
within six months after the date of such order of approval by the
said common council; provided that such plan shall have been re-
ported by the board of trustees to the said common council, and the
fact that a plan for that purpose has been so reported shall have
been published at least once a week for two consecutive weeks in at
Jeast one newspaper published in said city; and the said plan shall
not be adopted until the meeting next after the one to which it is
reported, or some meeting later than that, nor until such publication
shall have been completed; and provided, further, that the plan when
and as so approved by the said common council shall have been pub-
lished in like manner, beginning within thirty days from said
approval.

5. All books, papers, securities, investments and choses in action
of said board and of the treasurer aforesaid shall at all times be
Open to the inspection of the city council, or of any committee
or agent appointed by the same for that purpose.

6. Any person elected as one of the board of trustees aforesaid
shall file his acceptance with the clerk of the common council of the
said city, who shall record the same, and he shall not become a trus-
tee under said election until such acceptance be filed, but his term
shall begin with the date of his election. ,

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