Chap. 98.—An ACT to acend and re-enact section 1438 of the Code of Vir-
ginia, as heretofore amended, in relation to public free schools for coun-
ties and the literary fund.

Approved March 9, 1910.

1. Be it enacted by the general assembly of Virginia, That section
fourteen hundred and thirty-eight of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

§1438. His salary.—The said superintendent shall receive, to be paid
in monthly installments out of the State school fund, on the warrant of
the State board of education drawn upon the second auditor, forty dollars
for every thousand of population under his jurisdiction for the first ten
thousand ; twenty-five dollars for every thousand in excess of ten up to
and including thirty thousand; and fifteen dollars for every thousand
in excess of thirty thousand, rejecting in each case fractions less than
five hundred: provided, that the pay of a superintendent from funds in
the State treasury shall not, in any case, be less than two hundred dollars
a year: and provided further, that when a school division is composed of
more than one county, or of a city and one or more counties, the salary
of the superintendent of such division may, in the discretion of the State
board of education, be the aggregate of the amounts found by estimating
what such salary would be in each of said counties and city if each of
the same composed a separate school division.

The board of supervisors of any county, or the council any city, may,
out of any surplus of any funds in the treasury of such county or city, or
the county or city school board may, out of the local school fund, supple-
ment the salary of the superintendent of schools for the division in which
said county or city may be located: provided, that the salary of any such
division superintendent shall not be increased or diminished by any
such said city council or county board of supervisors during his term of
office.