Chap. 141.—An ACT to provide for the use or disposition of parts of the
turnpike ‘road from Rustburg to Lynchburg in Campbell county not taken
over or used by the State highway commission in the State highway. papa

Approved March 9, 1922.

Be it enacted by the general assembly of Virginia:

1. So much of the turnpike road in Campbell county from Rust-
burg to Lynchburg as lies between the main street of Rustburg and
its junction with the new State highway just north of the foot of the
first hill beyond the Norfolk and Western railroad towards Lynch-
burg shall be allowed to remain as a public road and may be used
as such by all persons.

2. Such other parts of the said turnpike road as are not taken
over or used by the State highway commission as and for parts of
the State highway system between Rustburg and Lynchburg subject
to any necessary rights of outlet over same to State highway shall
revert to and become the property of the owners of the lands abutting
upon the said parts of the said turnpike road not so taken over or used.

Chap. 142—An ACT creating the office of assistant attorney for the Com-
monwealth for the city of Norfolk, Virginia, and providing for his ap-
pointment and duties. [S B 373]

Approved March 9, 1922.

1. Be it enacted by the general assembly of Virginia, That there
shall be an assistant attorney for the Commonwealth for the city
of Norfolk, Virginia, who shall be a resident citizen of said city,
and shall have been admitted to practice in the courts of the Common-
wealth. He shall be appointed by the attorney for the Common-
wealth for the said city of Norfolk, to serve at the pleasure of said
attorney for the Commonwealth, and shall qualify in the manner
prescribed by law for said attorney for the Commonwealth.

He shall, so far as required by said attorney for the Commonwealth
for the city of Norfolk, discharge and perform any of the duties
now and hereafter imposed by law upon said attorney for the
Commonwealth, and in the discharge of said duties, shall be under
the direction and control of said attorney for the Commonwealth.

He shall receive such compensation as may be fixed by said attor-
ney for the Commonwealth for the city of Norfolk, and is to be paid
out of the compensation allowed by law to said attorney for the
Commonwealth.

2. An emergency existing by reason of the necessity for the
establishment of said office this act shall take effect from the date
of its passage.
Chap. 143—An ACT to amend and re-enact an act entitled an act relating
to contracts for text books adopted for use in the public free schools of the
Commonwealth, approved March 11, 1915; and to repeal section 611 of the
Code of Virginia. [S B 142]

Approved March 9, 1922.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act relating to contracts for text books adopted for use
in the public free schools of the Commonwealth, approved March
eleventh, nineteen hundred and fifteen, be amended and re-enacted
so as to read as follows:

Section 1. The State board of education shall select text books:
and educational appliances for use in the public schools in the State
of Virginia, exercising such discretion as it may see fit in the selection
of books suitable for schools in the cities and counties, respectively,
subject to the conditions and restrictions set forth in this act. But
no text book which may be adopted for use in any of the public
free schools in the State of Virginia shall be changed or substituted
until the same shall have been used for a period of not less than
four years, provided, that the State board of education may extend
for a period of not less than one year the use of any adopted text
book or text books on such terms as in its judgment may be for the
best interest of the State.

' Section 2. The State board of education shall enter into written
contracts with publishers of text books adopted for use in the public
free schools of the Commonwealth, the said contracts to contain the
following representations, terms and conditions, -torwit:

(1) The contract shall set forth the lowest whalesale price f. o. b.
_ publisher at which books are sold under contracts of similar date
anywhere in the United States, provided the publishers shall list
with the State superintendent of public instruction the lowest whole-
sale prices at which the text books involved in the contract have
been sold anywhere in the United States during the preceding three
years. The State board may stipulate a retail price to patrons, which
price shall represent a reasonable compensation for handling and
distributing books, but in no case shall such retail price exceed twenty
per cent. added to the wholesale price.

(2) If, subsequent to the date of any contract entered into by
the State board of education, the prices of any or all books named
in the contract be reduced, or if any terms of the contract be made
more favorable to purchasers anywhere in the United States under
the same conditions, the same reduction and the same terms shall
be granted to the State board of education of Virginia. If a publisher
issue a special or other edition of any book named in the contract to
be sold outside of Virginia at a lower price than offered in this State,
the said publisher shall furnish the State superintendent of public
instruction with a copy of said special edition, and the State board of
education may, in its discretion, require the publisher to issue a
similar edition for Virginia adapted in text for use in this State, and
the said edition for Virginia shall be sold at the lowest price at which
said special edition 1s sold outside the State.
(3) In case the publisher is a foreign corporation or a non-
resident of this State, the secretary of the Commonwealth shall be
appointed as agent upon whom process may be served against the
publisher in case any legal proceedings be commenced to enforce any
rights or claims under said contract.

(4) The publisher entering into any contract with the State
board of education shall furnish sample copies of all books mentioned
in said contract, and shall guarantee that the books furnished by him
under the contract shall be equal in all respects to such sample copies.

(5) Each contract made with the publisher of text books shall be
accompanied by a bond with good and sufficient surety in the penal
sum of not less than one thousand dollars nor more than twenty
thousand dollars, to be approved by the State board of education,
and to be conditioned upon the performance of all the terms and
conditions of said contract and the payment of liquidated damages as
hereinafter provided for, and any damage in excess thereof which may
be proved to be sustained by reason of the violation of such terms
and conditions.

(6) Upon the discovery of any misrepresentation of fact in eaid
contract, or upon the violation of any of the terms and conditions
herein contained, the publisher shall, upon the demand of the State
board of education, pay as liquidated damages the sum of one thous-
and dollars to the Commonwealth of Virginia to the credit of its
literary fund, and. in all cases of such violation the said board of
education may, in its discretion, in addition to its demand for liqui-
dated damages, as aforesaid, declare said contract null and void.

(7) The superintendent of public instruction shall take care that
all the representations, terms and conditions of said contract are com-
plied with, and shall report all violations of the same to the State
board of education, and if said board be of the opinion that public
interest so require, it shall instruct the attorney general to institute
such legal proceedings as he may deem proper in the premises.

Section 3. The State board of education may provide in con-
tracts with publishers that said publishers shall sell direct to local
school boards at the wholesale price, f. o. b. named in the contract,
and it shall require said publishers to furnish an adequate supply of
texts under the terms of the contract. The State board may also
stipulate that the local school board may, if it so desires, in turn
furnish text books to the children of the school free of cost, or at the
wholesale price at which books are purchased or at such wholesale
prices plus the cost of transportation and distribution. The State
board of education may stipulate also that county and city school
boards shall designate certain agents for the purchase and the proper
distribution of said text books, but no agent thus designated shall
be permitted to fix a retail price in excess of twenty per cent. added to
the wholesale price, f. o. b. publisher. The agents thus designated
by the local school board may be required to give reasonable bond
guaranteeing the prompt ordering of books and an ample supply
to meet the requirements of the schools, at prices not to exceed twenty
per cent. added to the wholesale price f. o. b. publisher.

Section 4. On or before June first of each year each division super-
intendent shall make up a requisition covering all text books needed
for the supply of the schools at the opening of the following session.
Such requisition shall be based on detailed reports from teachers, or
from any other responsible sources of information which may be used.
_A copy of this requisition shall be sent to the State superintendent
of public instruction and a copy shall be furnished to each of the local
dealers when such dealers are designated by local school boards to
handle text books. In cases where severy! dealers are designated in
one county the division superintendent shall furnish to each one of
such dealers a requisition for all books which will be required in the
territory to be served by such dealers.

Section 5. The local school board and the division superintendent
shall see to it that appropriate orders for books are forwarded to
each publisher either directly from the school board or through
designated agencies not later than June tenth of each year. In all
cases where these orders are not promptly and completely filled by
publishers, report shall be made by the division superintendent to
the State superintendent of public instruction who shall immediately
report all particulars to the State board of education for any action
it may deem proper to take.

Section 6. The State board of education may, in its discretion,
authorize a central depository, provided such depository be oper-
ated under the general control of the State board of education. In
case such a depository be established or maintained, then orders from
local school boards or from local agents of such boards may be
required to be filled with the depository, rather than with the publish-
ers; but nothing in this section shall prohibit special orders of books
from being filled directly by publishers.

Section 7. It shall be the duty of each division superintendent
to report to the State superintendent of public instruction any depart-
ures from contract prices charged by local dealers or agents, and to
report also any failure of publishers to comply with all conditions
set forth in the contract.

2. Section six hundred and eleven of the Code of Virginia is
hereby repealed.

3. An emergency existing this act is declared to be in effect from
Its passage.