CxChap. 57.—An ACT to amend and re-enact chapter three hundred and thirty-nine
of the acts of the general assembly of Virginia of 1889-'90, entitled an act to
incorporate the Baptist orphanage of Virginia, approved February 24, 1890, as
amended by chapter 108 of the acts of the general assembly of Virginia of
1893-94, approved January 30, 1894.

Approved January 12, 1898.

1. Be it enacted by the general assembly of Virginia, That chapter
three hundred and thirty-nine of the acts of the general assembly of
Virginia, eighteen hundred and eighty-nine-ninety, entitled an act
to incorporate the Baptist orphanage of Virginia, approved February
twenty-four, eighteen hundred and ninety, as amended by chapter one
hundred and eight of the acts of the general assembly of Virginia of
eighteen hundred and ninety-three-ninety-four, approved January thir-
tieth, eighteen hundred and ninety-four, be amended and re-enacted so
as to read as follows: That A. B. Woodfin, A. A. Gray, J. William Har-
wood, James B. Taylor, Peter Howard, J. B. F. Mills, Carter N. Wil-
liams, W. I. Jordan, B. F. Johnson, A. Broaddus, junior, F. N. Maxey,
M. M. Morris, W. W. Baker, J. A. Leslie, W. C. Parks, T. J. Notting-
ham, I. B. Lake, William Campbell, J. Hunt Hargrave, junior, George
W. Cone, W. L. Jeffries, W. R. L. Smith, C. L. Cocke, and their asso-
crates and successors as they hare been, and may be, from time to time ap-
pointed, as hereinafter provided, be, and they are hereby, constituted and
ercated a body politie and corporate under the name and style of “the
trustees of the Baptist orphanage of Virginia,’’ for the purpose of main-
taining, training, and educating the Baptist orphans of Virginia, or such
other orphans as in the discretion of the trustees they may deem fit to
assist, and by that name shall have perpetual suecession and a common
seal, may contract and be contracted with, sue and he sued, plead and be
impleaded ; may acquire, receive, hold, possess, and enjoy by purchase,
vift, grant, bequest, or devise personal and real estate (provided the
value thereof shall not exceed five hundred thousand dollars), and may
sell, convey, mortgage, pledge, invest, and otherwise manage or dispose
of all property, real or personal, which may be given to or otherwise
acquired by the said corporation. And the said trustees and their suc-
cessors shall hold office as trustees no longer than they remain members
of some regular Baptist church in Virginia, or until their successors enter
upon the discharge of their duties as trustees.

2. The said trustees and their successors, to a number not exceeding
forty, as a board, shall have power to fill vacancies in their own body,
the persons to fill such vacancies to be chosen from a list of not less than
two persons for cach vacancy, which list of persons the Baptist general
association of Virginia shall have the privilege of furnishing; and should
said trustees fail or refuse to fill such vacancies in their body from such
list when so furnished, then, and in that event, any person in fellowship
with any regular Baptist church in Virginia may apply for and obtain a
writ of mandamus from any court in this commonwealth having juris-
diction of such writs compelling said trustees to fill vacancies from such
lists. But if the Baptist general association of Virginia, when duly
notified, does not furnish such list of persons as aforesaid, then the
trustees may fill vacancies independent of such lists of persons, provided
the persons elected to fill the vacancies be members of some regular Bap-
tist church in Virginia,

3. The board of trustees shall have power to elect from their own
members an executive board and such officers as may be requisite: pro-
vided the superintendent need not be a trustee, and require from any
salaried officer bond with security in such penalty as the executive
board from time to time may prescribe, and conditioned on the faithful
performance of their duties. The board of trustees shall have power to
select a suitable place for the location of the buildings necessary for the
purposes of said corporation, and to make anv revulations or laws for
the government of the corporation not ineonsistent with this act, with
the laws and constitution of this state, or of the United States.

4. The board of trustees shall meet at such times and places as may
be determined upon, and seven trustees shall constitute a quorum for
the transaction of business, provided it shall require a majority of all
the trustees to constitute a quorum at anv meeting of the corporation
ordering the sale of the orphans’ home and the real estate used in con-
nection therewith and thereunto appertaining.

5. The executive board of the corporation shall be composed of not
less than seven trusteey, who, when duly organized,as a board, shall
have charge of the interest and all of the affairs of the corporation dur-
ing the interval between the meetings of the board of trustees; and shall
have power to do all things the board of trustees might do, except to
sell or mortgage the real estate set forth in section four of this act, or to
borrow money: provided, that it shall require the affirmative vote of a
majority of all the members of the executive board to sell or mortgage
real estate: and provided further, that the executive board may borrow
money for the maintenance of the asvlum> or orphans’ home and for
preserving the property of the corporation, Such executive board, from
their own membership, shall elect a chairman, secretary, and other
officers, and appoint such committees from their own board, or the
officers or the trustees of the corporation, as may be necessary to carry
into effect the interest and objects of the corporation. The executive

board shall mect at stated times at the orphans’ home and at such other
places in this state as it may determine upon. The executive board
shall be annually elected by the board of trustees and continue in office
until removed, or until their successors are elected and organized.

6. The object of said corporation shall be to establish, equip, and carry
on at some point in this state an asvlum or home for maintaining, train-
ing, and educating the Baptist orphans of Virginia or such other orphans
of said state as in the discretion of the corporation it may determine to
assist. The said corporation shall have power to receive into its custody
and retain under its control and management, for such time as may be
agreed upon, in writing duly signed and ac nowledged by the mother
or guardian, and free from the control and man: iwwement of father, mother
or guardian, any such orphan infant as may be placed under its control
by the mother (the father being dead or civilly unable to contract) or by
the guardian. The said corporation shall have the same rights as an in-
dividual now has to qualify as statutory guardian, or to be appointed
testamentary guardian of an infant clisible to the custody of said cor-
poration; but no commissions shall be allowed to said corporation upon
moneys received by it as guardian. The children who shall be received
by said corporation as aforesaid shall from the time they are so received,
and until the expiration of the time agrecd upon as aforesaid, unless
sooner voluntarily dismissed by the corporation and received by father,
mother, or guardian, remain under the charge and exclusive control of
the said corporation.

7. The said corporation is invested with all the rights of a parent or
natural guardian over the person of any child committed to its charge,
and the superintendent of the orphans’ home or asvlum shall have the
right, by and with the consent of the executive board, to secure homes
or employment, or to apprentice or put to service for a term of vears
any of the orphan inmates, upon such terms and conditions as in the
judgment of the executive board the welfare of the ehild may require.
The person with whom said inmate may be so placed shall report to the
superintendent at stated periods, to be named in the articles of agree-
ment, the condition of the ehild as well as the conduet of the same; and
should such person fail to comply with the terms of the agreement the
superintendent, with the consent of the executive board, may cancel said
agreement, and receive the child again into the orphans’ home or asylum.
The county or circuit court, or the Judges thereof in vacation, of the
county in which the asylum or orphans’ home is located, shall have the
power, on complaint of, any person, to investigate the condition or treat-
ment of a child or children placed with any person by the corporation,
and to correct and annul any articles of agreement that may be entered
into under this section. If upon such investigation such court, or the
judge thereof in vacation, should deem it advisable and just, and for the
purpose of executing the power hereby given, such court, or the judge
thereof in vacation, shall cause such child or children to be brought be-
fore it, either in term or vacation, together with the person or persons
with or to whom said child or children may have been placed or bound.

8. A misnomer of the corporation in any deed, gift, grant, bequest,
or devise, or any instrument or contract shall not vitiate the same if said
corporation be sufliciently described therein to show the intention of the
parties.

9. This act shall not be construed so as to nullify, or in anywise what-
soever impair any act done or performed by the said corporation in pursu-
ance to and by virtue of authority conferred by the act approved February
twenty-fourth, eighteen hundred and ninety, entitled an act to incorporate
the Baptist orphanage of Virginia, or in pursuance to and by virtue of
authority conferred by the act approved January thirtieth, eighteen
hundred and ninety-four, entitled an act to amend and re-enact sections
one, two, and three of an act approved February twenty-fourth, eighteen
hundred and ninety, entitled an act to incorporate the Baptist orphanage
of Virginia.

10. All acts and parts of acts inconsistent with this act are hereby re-
pealed.

2. This act shall be in force from and after the adjournment of the
first meeting of the board of trustees after its passage.