Chap. 393.—An ACT to amend and re-enact section 1447 of chapter 66 of the
Code of Virginia of 1887, as amended and re-enacted by an act approved
December 28, 1903, as further amended and re-enacted by an act approved
March 15, 1906, in relation to “public free schools for counties and of the
literary fund, section 1447. Powers and duties of the board.”

Approved March 14, 1908.

1. Be it enacted by the general assembly of Virginia, That section
one thousand four hundred and forty-seven of chapter sixty-six of the
Code of Virginia, as amended and re-enacted by an act approved
December twenty-eight, nineteen hundred and three, as further amended
and re-enacted by an act approved March fifteenth, nineteen hundred
and six, in relation to “public free schools for counties and of the literary
fund,” be amended and re-enacted so as to read as follows:

§1447. Powers and duties of board.—First. Expenses of trustee—The
county school board may order any district school board of the county
to pay to each school trustee, except the clerk of the board, a sum not to
exceed ten dollars in any one year to cover the expenses of said trustee
for attendance upon the meetings of the county and the district school
boards.

Second. Estimate of expenses.—It shall be the duty of the county
school board of each’ county, on or before the first day of April of each
year to prepare and file with the division superintendent of schools an
estimate of the amount of money which will be needed during the next
scholastic year for the support of the public free school system of the
county, and at the same time, after carefully revising the estimates of
the district boards of trustees submitted to the county board in accord-
ance with the provisions of section fourteen hundred and sixty-six of
‘this chapter, to prepare and file with said superintendent separate
estimates of the necessary expenses of the public free schools in each
school district of the county for the next scholastic year, which estimate
shall be submitted by him t6 the board of supervisors at a regular
meeting. :

Third. Apportionment of county fund.—The county school fund shall
be apportioned by the county school board among the several districts of
the county according to its judgment, having due regard to maintaining,
as far as practicable, a uniform term throughout all of the districts:
provided, that such primary and grammar schools as may be established
in any school year shall be maintained at least four months of that
school year before any part of the fund assessed and collected may be
devoted to the establishment of schools of a higher grade.

Fourth. Property vested in and managed by county board: counsel.—
All money, bonds, stocks, debts, funds, effects, and other property, real
or personal, held by individuals by virtue of their office of school com-
missioner or overseers of the poor of any of the counties of this Common-
wealth, except the county of Loudoun, under any act heretofore passed
by the General Assembly of Virginia, acquired by or derived from the
sale of glebe lands, or from any other source formerly belonging to any
of the said counties, and applicable to school purposes; also such real
or personal estate in any of the said counties as belonged to the former
board of the literary fund, together with any other funds or property
which had in any manner been set apart for school purposes, but which
has been practically abandoned or is without trustees; and any funds
or property that may be hereafter set apart solely for county school pur-
poses, and all donations, by will, deed, or other conveyances, heretofore
or hereafter made for county or district school purposes, the lot and
school building and all the real and personal property acquired for the
use of a county or district high school, or for the maintenance thereof,
shall be vested in the said county or district school board of the said
counties respectively, unless inconsistent with the grant or devise, upon
such terms and conditions for the security of the same as the circuit
court of said county shall prescribe. The said board or boards shall
when not inconsistent with the terms of the grant or devise invest and
manage the same, and apply the profits thereof for the purpose of educa-
tion in the same manner and under the same restrictions as the general
school fund of the State is applied under the general school law of
the State, except that the said boards are authorized to apply such
portions of the profits of the funds as in their judgment may be neces-
sary to the erection of schoolhouses in their said counties, respectively,
or to the purchase of school apparatus for the use of schools. But if such
fund does not exceed in amount the sum of two thousand dollars, the
said board or boards may, if in their judgment expedient, use such fund
in whole or in part in the erection of school houses in their said counties
or districts or in paying any debt which may have been incurred by said
county or district boards in the erection of school houses; provided, that
such disposition is not in conflict with the will of the grantor or testator.
In cases where funds or other property are held by trustees for purposes
of common school education, the county school board shall have power,
and it shall be its duty to examine into the manner in which such trusts
are administered; and all such trustees are hereby required to render
reports to the county board whenever called on, and to afford every
facility wanted by. said board in order to obtain a full understanding of
all the points connected with such administration; and should such
examination reveal any defect or irregularity in the administration of
such trust funds or other property, it shall be the duty of the county
school board to institute prompt proceedings for carrying the matter
before the civil courts. In cases where donations or other funds have been
set apart for the education of the poor, the county school board is author-
ized to receive and apply the same in connection with the public free
schools, in obedience to the will of the donor. The county school board
of any county may employ counsel, and provide for and direct the pay-
ment of reasonable attorney’s fees whenever such action may be neces-
sary for effectuating the purposes and objects of this section, or for the
protection of the public schools of the county, or of any school district
thereof, from loss or detriment from any cause; provided, that no such fee
shall be paid or allowed by such board unless or until the same shall
have been approved by the court in which such litigation was had;
provided further, that nothing in this law contained shall be construed
to apply to the twenty-fifth clause of the will of Samuel Miller, deceased,
or in any wise to affect or impair any rights or interests whatsoever,
either public or private, arising under said clause, or to any fund now
held by thé Charlottesville district school board of Albermarle county,
known as district number five.