Chap. 841.—An ACT to amend an act to incorporate Shoemaker college, in
Scott county, approved March 1, 1894.

Approved March 5, 1896.

1. Be it enacted by the general assembly of Virginia, That an
act entitled an act to incorporate the Shoemaker college, in Scott
county, approved March first, eighteen hundred and ninety-four, be
amended and re-enacted so as to read as follows:

1. Be it enacted by the general assembly of Virginia, That James
B. Richmond, John M. Johnson, Isaac P. Kane, A. P. Henderson
and William M. Jennings, and their successors, who are hereby con-
stituted a board of trustees, be, and they are hereby, incorporated
and made a body politic by the name and style of the Shoemaker
college, for the purpose of keeping and conducting a boarding and
day school of the above name, and of giving instruction to such
white persons, male or female, as may be committed to their care
as pupils of said school, in all the various studies, courses and
branches of education the said board of trustees may adopt, with
power to make or prescribe such rules and regulations as from
time to time may seem to them fit and proper, and to change and
alter the same to enable them to conduct the daily and yearly exer-
cises and to successfully govern and promote the objects and plans
of said college.

2. The members of the board of trustees shall hold office during good
behavior, but may be removed by the circuit court of Scott county
for good cause, to be set forth in the order of removal. Upon the
death or resignation of a member of the board of trustees the va-
cancy shall be filled by the circuit court of Scott county, or the judge
thereof, by order entered in vacation, upon the recommendation of the
board, in the following manner: Immediately after any vacancy shall
occur the board of trustees shall meet and certify the fact to the said
circuit court, or the judge thereof in vacation, and at the same time
recommend the names of three persons suitable and fit to be ap-
pointed trustees, and the court or the judge shall from the three thus
recommended, appoint a trustee to fill said vacancy. <A majority of
the board of trustees shall constitute a quorum for the transaction
of business.

3. The board of trustees appointed hereunder shall within sixty
days after the passage of this act, meet and elect one of their num-
ber president, and shall also select a secretary and treasurer, who
need not be members of the board; the officers thus chosen shall
continue in office during the pleasure of the board, and the treasurer
shall ba required to execute bond with good and sufficient security
in the penalty of at least double the sum which will be received by
him during any one year, conditioned for the faithful performance
of his duties. It shall be the duty of the board to examine and audit
the accounts of the treasurer annually immediately after the close
of the spring session and at such other time as to them may seem
fit and proper.

4, The Shoemaker college shall have perpetual succession anda
common seal, which it may alter or amend at its pleasure, and may,
in its own corporate name, sue and be sued, implead and be impleaded,
contract and be contracted with, purchase, hold and grant real or
personal estate for its purposes, and may accept and hold any gift,
bequest, or devise of real or personal estate or moneys which here-
after may have been or hereafter may be given, bequeathed, or devised
to said college for the use and benefit of a college, to be erected at
Estilville of this kind, and may erect on its own land all suitable and
necessary college buildings; it may sue for and collect all sums sub-
scribed in writing for the erection of a college building in said town,
and receive transfers of and collect any and all subscriptions made
for that purpose, whether made before or since its incorporation and
whether made to individuals or to the corporation; it may also make
regulations for the government of all persons and property under its
authority, for the management of its estate and for the due and
orderly conduct of its affairs; provided that it shall not at any time
acquire or hold real or personal estate exceeding the value of two
hundred thousand dollars.

5. The said college may have such public or other celebrations at
such times and places and in such manner and form as it may deem
proper, and may confer and bestow upon its pupils or graduates
such diplomas or certificates or other evidence of graduation, dis-
tinction or proficiency as said pupils may acquire in their various
studies or employments according to the regulations of said college
and the determination of its teachers, instructors, trustees or other
officers, which said diplomas or certificates shall bear the seal of
said college and the signature of its principal, instructors and trus-
tees, or any of them, as they may determine.

6. Appropriations of public free school funds may be made by the
school districts of Scott county, or either of them, from time to time,
and used for the payment of teachers in maintaining said academy;
provided that no appropriation shall be made for this purpose by
any school district until provision is made for teaching in said col-
lege all the branches now taught in the public free schools of said
county, said branches to be taught free to any white child in Scott
county entitled to attend the public free schools in any district
thereof. The teachers in the public free school department of said
college shall make reports in all respects as required of other teach-
ers in the free schools, and be subject to the same visitation by the
county superintendent of schools of Scott county.

7. The officers of said college shall consist of a principal and such
assistante in the different departments as may be deemed requisite,
to be chosen in such manner and form as said corporators may pre-
scribe.

And whereas James L. Shoemaker, of Estilville, Scott county,
Virginia, by his last will and testament, among other things, in the
first section of his said will, devised as follows: “I also set apart
the sum of five thousand dollars out of the sale of my real estate for
the purpose of erecting and building a college in Estilville, Virginia,
to be paid by my executors hereinafter named, when the same shall
have been collected, to some person or persons duly authorized to re-
ceive the same; provided I do not build the said college during my
natural life; ” and in the ninth section thereof, provided further—
““ Ninth. I will and direct that whatever funds I may have at the time
of my death in the Exchange and deposit bank in Abingdon, Wash-
ington county, Virginia, either in bank stock or deposits, as well as
such other funds as I may direct by my will to be placed there by
my executors, shall remain and continue in the said bank as a per-
manent fund for the purpose of educating such young white men and
white ladies as may be unable to educate themselves; provided that
the interest, dividends and profits only which accrue on such funds
shall be expended for the purposes aforesaid ; and provided, further,
that the said interest, dividends and profits aforesaid shall be ex-
pended only in payment of tuition and purchase of suitable text-
books and stationery for the young men and ladies aforesaid, and
then only in a college to be erected on a certain lot or parcl of land
dedicated by me for that purpose in the town of Estilville, Virginia; ”
and whereas in December, eighteen hundred and ninety-three, the
said Shoemaker by a writing subscribed five thousand dollars to
build a college or academy at Gate City Virginia; and whereas there
is no college existing for the education of white young men and
ladies in the said county, except the college which is by this act
incorporated, Be it enacted that the state doth hereby receive and
accept the said donation for literary and educational purposes, and
in order to execute the same and enable the will of the testator to
obtain, authorizes and empowers the trustees aforesaid to receive the
said five thousand dollars and apply the same, together with any
other sum given for that purpose, to the purpose of erecting the said
college, which said college, when erected, shall receive and educate
the white young men and ladies appointed by the trustees thereto,
to the same extent and no further than said Shoemaker college would
have been entitled to take and use the same under the said will had
the amendments now made been expressed in the original charter of
incorporation granted to said college, approved March first, eighteen
hundred and ninety-four, charging therefor reasonable tuition. And
the said college is authorized and empowered to buy and sell books
and stationery to the young men and ladies aforesaid, appointed by
the trustees of the said will of James L. Shoemaker and their suc-
cessors in office; and the said trustees appointed by the testator and
their successors shall be and continue a board of visitors to said col-
lege, and shall have the right to pass upon all questions concerning
the beneficiaries appointed by them who are taught in said college

by means arising from the und dedicated by the said Shoemaker
for that purpose. And the said college may keep and maintain
boarding-house in connection therewith, and may receive, board, an
instruct other pupils than the appointees by the trustees aforesai
make such regulations as may be necessary for their admission an
government while students or boarders thereof, as provided in th
preceding sections, and determine all questions arising as between th
said last-named students relating to their deportment, interest, an
course of instruction as students thereof, such questions to be dete
mined by the trustees of said college as aforesaid, or pursuant t
regulations made by them therefor; and the said college shall hav
under the visitations of county superintendent of schools, full cox
trol and direction of the free school department of the said colleg
if such shall be organized in connection therewith.
8. This act shall be enforced from its passage.