Chap. 151.—An ACT to authorize the Winchester Presbyterian church of the
United States to reccive a gilt or a bequest, or both, as the foundation of a
scholarship.

Approved January 29, 1898.

1. Be it enacted by the general assembly of Virginia, That it shall be

lawful for any person by deed or other writing to give, or by will here-
athae exacted ta heauedth. ar nactic be dasd av other eeting and nartls
by will to give and bequeath, a sum or sums of money not exceeding
three thousand dollars in the aggregate, or other personal property not
exceeding in value three thousand dollars, as the foundation of a schol-
arship under the control of the Winchester presbytery of the Presbyte-
rian church in the United States, frequently called the Southern Presby-
terian church, the holder of said scholarship for each year to be named
by said presbytery, and to receive the net income arising from the in- °
vestment of said fund.

The holder of the scholarship shall be a student in some college, uni-
versity or theological seminary, and shall be a candidate for the minis-
try of the said Presbyterian church or a minister of said church.

2. The circuit court of Frederick county, or the judge thereof in va-
cation, shall, on the application of the said presbytery, appoint a trustee to
receive said gift or bequest, or both, and under the direction of said
presbytery to hold and invest the fund, and by like direction to pay the
net income thereof to the holder of said scholarship.

In case of vacancy in the office of trustee the said court, or the judge
thereof in vacation, shall, on application of said presbytery, appoint
another trustee, and this shall be done whenever there is such a
vacancy.

3. If requested by said presbytery, or required by the donor in the
deed or other writing, or by the testator or testatrix in the will, the said
court, or the Judge thereof in vacation, shall require said trustee to exe-
cute before the clerk of said court a bond in suflicient penalty, with
good security, payable on its face to the commonwealth of Virginia, and
conditioned that said trustee shall faithfully perform the duties of his
said office, and said court, or judge thereof in vacation, may require a
new bond at any time.

Any suit brought on said bond may be in the name of the common-
wealth of Virginia as plaintiff, for the use of the said Winchester pres-
bytery, and if a trustee has been appointed in the place of the one who
-is obligor in the bond sued on, the said trustee then acting may collect
the judgment or execution; otherwise any person named by said Win-
chester presbytery may collect the same.

4. The said court, or the Judge thereof in vacation, may, on applica-
tion of said presbytery, remove the trustee and appoint another.

5. The said fund shall be invested on such security as the donor, or
the testator or testatrix, may in the deed or other writing or will pre-
scribe; and in case the character of the security 1s not prescribed by the
deed or other writing, or by the will, then on such security as said pres-
bytery shall direct.

6. The trustees shall make annually, and oftener, when required, a
report in writing to said presbytery, which report shall show the invest-
ment of the fund, the receipts and disbursements, and such other mat-
ters as said presbytery may require.

7. The trustee may sue for and recover any money or other property
belonging to said trust fund, whether loaned or invested originally by
him or by any of his predecessors, and may be sued in relation thereto.

8. Any one or more members of the said presbytery may, in his or
their names, on behalf of said presbytery, commence and prosecute a
suit in equity against the said trustee to compel him to carry out the
provisions of this act, and of the said deed or other writing or will, and
the orders of the presbytery made in relation to said trust fund.

9. The said deed or other writing or will may prescribe the terms and
conditions upon which said scholarship may be awarded and enjoyed,
not inconsistent with this act, and the said presbytery may prescribe
the terms and conditions upon which said scholarship may be awarded
and enjoved not inconsistent with this act, and said deed, or other writ-
ing or will, and the deed or other writing or will; or the said presbytery
may require each holder of said scholarship to execute bond, with good
security, payable to the trustee, forthe return of all moneys paid to said
holder in case he should not enter the ministry of said Presbyterian
church, and any suit brought on said bond may be in the name of the
trustee In office at time suit is brought.

10. The said gift or bequest may be made to the trustee of the said
Winchester presbytery, or to the said Winchester presbytery; or any
other language used in said deed or other writing or will indicating that
the gift or bequest is intended for the foundation of said scholarship
shall be suflicient to make said gift or bequest valid, and to authorize
the trustee, whether appointed before or after the execution of said deed
or other writing, or before or after the death of the testator or testatrix,
to collect and receive the same.

11. The said scholarship shall be known as ‘‘the Scott-scholarship of
Winchester presbytery.’

12. A certificate signed by the moderator or other presiding officer of
said presbytery, and attested by the stated clerk or other recording ofh-
cer of said presbytery, shall be received by the courts of this common-
wealth as prima faci ‘ie evidence of the action of said presbytery as to
any matter pertaining to said gift or bequest, to the collection, receipt
and investment of the fund, and to the appointment or removal of the
trustee.

13. The said deed or other writing may be recorded in the clerk’s
office of the county court of Frederick county, in the same book in
which deeds are recorded, and a copy of said deed or other writing cer-
tified by the clerk of said county court shall be admitted in evidence in
any court of this commonwealth.

14, This act shall be in force from its passage.