Chap. 55.—An ACT providing how the lands in Lower Chuckatuck and
Sleepy Hole magisterial districts of Nansemond county donated for
the benefit of the poor of said districts shall be held, how trustees
therefor may be appointed and removed, the duties of said trustees,
how the incomes therefrom shall be used and how the said lands may be
sold and the proceeds arising from the sale reinvested, counsel may
be employed, etc. [H B 41]

Approved March 21, 1923.

Whereas, many years ago, probably prior to the Revolu-
tionary war, Richard Bennett and others donated certain lands
in the lower parish of Nansemond county, now composed of
Lower Chuckatuck and Sleepy Hole magisterial districts, for the
benefit of the poor of said parish; which said lands so donated
are at the present time generally bounded and described as fol-
lows, to-wit:

1. All that tract of land in Sleepy Hole magisterial district,
Nansemond county, Virginia, at or near Driver, and lying on
both sides of the concrete highway from Suffolk to Portsmouth,
bounded by Bennett’s creek, the lands of W. W. Hargrove’s
estate, Charles Godwin, George and Nathaniel Livingston,
Mary Driver Jordan’s estate, Rebecca Heffington, the cross
swamp, and the lands of W. E. Driver and others, and contain-
ing five hundred and nineteen and forty-six one-hundredths
(519.46) acres, more or less, by survey, made by J. R. Kirk,
surveyor, January, nineteen hundred and twenty-one.

2 All that tract of land in Sleepy Hole magisterial district,
Nansemond county, Virginia, bounded by the lands of L. A.
Deans’ estate, Joe Bidgood, L. John Ames, and probably others,
and containing forty and seventeen one-hundredths (40.17)
acres, more or less, by survey made by J. R. Kirk, surveyor,
- January, nineteen hundred and twenty-one.

2 All that tract of land in Sleepy Hole magisterial district,
Nansemond county, Virginia, at Huntersville, and lying on both
sides of the county road from Huntersville to Pig Point, bounded
by the lands of John T. Griffin’s estate, John E. Wright, Senior,
Nannie Lee Brown, Henry Kirn’s estate, Moss W. Armistead,
Horace L. Deans, W. R. Deanes, L. John Ames and others, and
containing two hundred and seventy-six and fifty-five one
hundredths (276.55) acres, more or less, by survey made by J. R.
Kirk, surveyor, January, nineteen hundred and twenty-one.
4. All that tract of land in Sleepy Hole magisterical district,
Nansemond county, Virginia, bounded by the Nansemond river,
the lands of W. B. Carney, John E. Wright, Senior, and others,
and containing one hundred and twenty-eight and fifteen one-
hundredths (128.15) acres, more or less, by survey made by J. R.
Kirk, surveyor, January, nineteen hundred and twenty-one; and,

Whereas, the records in Nansemond county clerk’s office
werd destroyed by fire on the seventh day of February,
eighteen hundred and sixty-six, and there is no documentary
evidence to show in whom the legal title of said lands is vested
or the manner in which the said trust for the benefit of the
poor in said parish is to be administered; and,

Whereas, from time immemorial the said lands have been
managed by trustees appointed from time to time by the circuit
court of Nansemond county, the said trustees renting out the
said lands and using the rentals for the upkeep of the property
and for the benefit of the poor in said parish; and,

Whereas, it is deemed advisable to declare said trust to pro-
vide for the appointment of trustees to hold title to said lands,
to fix their terms, powers, duties and compensation, and to fix
the powers and duties of the circuit court of said county with
reference thereto; therefore,

1. Be it enacted by the general assembly of Virginia, as
follows: That title to said lands shall be vested in five trustees
who shall be freeholders residing in Lower Chuckatuck or
Sleepy Hole districts of said county. The terms of office of the
trustees now holding office shall expire with the thirtieth day of
June, nineteen hundred and twenty-three. Before the first day
of July, nineteen hundred and twenty-three, the circuit court
of said county, or the judge thereof in vacation, shall appoint
five trustees to serve one, two, three, four and five years, re-
spectively, according to the order in which they are named in
the order appointing them, from the first day of July, nineteen
hundred and twenty-three, and before the first day of July of
each year after the year nineteen hundred and twenty-three,
the said court, or the judge thereof in vacation, shall appoint
one trustee to hold office for the term of five years from the first
day of July next succeeding’ the said appointment and until his
successor shall be appointed and qualified, except where a
trustee is appointed to fill out an unexpired term, in which case
the said trustee, after qualifying, shal! hold office until the end
of the said term and until his successor shall be appointed and
qualify. Upon the death, resignation, or removal from Lower
Chuckatuck or Sleepy Hole districts, as the case may be, of any
trustee, the said court or the judge thereof in vacation shall ap-
point another such freeholder residing in one or the other of
said districts as trustee for the unexpired term. Any trustee
may be removed from office at any time by said court or judge
in vacation, for malfeasance, misfeasance or neglect of duty. No
trustee shall act until he shall qualify on oath before the clerk
of the said court to faithfully administer the said trust. The
said trustees shall have the power to select one of their number
as chairman, and shall have full charge of said lands, with power
to rent the same to such persons and for such rentals as to the
said trustees may seem expedient. All rentals and other monies
derived from said lands, and all income derived from any in-
vestment made in case the lands, cr any part of them, should be
sold, as hereinafter provided, shall be used by the trustees for
the upkeep and improvement of the lands held and for the bene-
fit of the poor in said districts.

The trustees shall annually make report to said court in
writing, showing all receipts and disbursements for the preced-
ing calendar year and containing such other information relative
to said lands or investments as to the trustees may seem appro-
priate or that the court may desire. If the said court, or the judge
thereof in vacation, shall deem it expedient so to do, it or he
may require each trustee to execute a bond in such penalty and
with such security as to the court or judge may seem proper,
conditioned upon the faithful performance of his duties as such
trustee. The trustees shall receive such compensation for their
services as may be fixed by said court or the judge thereof in
vacation.

2. If the said trustees, or a majority of them, or as many as
ten freeholders residing in either Lower Chuckatuck or Sleepy
Hole districts, shall, at any time, think that the interests of the
poor in said districts will be promoted by a sale of said lands, in
whole or in part, such trustees, or a majority of them, or such
ten or more freeholders residing in either of the said districts,
may, for the purpose of obtaining such sale, file a bill in equity
in the circuit court of said county, stating plainly all the facts
calculated to show the propriety of the sale.

The bill shall be verified by the oath of one or more of the
complainants, and when it is filed by the trustees, as many as
ten freeholders residing in said districts, or either of said dis-
tricts, shall be made defendants and when the said bill is filed
by as many as ten of such freeholders, all of the trustees shall
be made defendants.

If it be clearly shown, independently of any admissions in
the answers, that the interests of the poor in said districts will
be promoted, and the court is of opinion that the rights of no
person will be violated thereby, it may decree a sale of said real
estate, or any part thereof, retaining a lien thereon until the
purchase money is paid. The proceeds of sale shall be invested
under the direction of the court, either in securities or in other
real estate to be approved by the court, and the income arising
therefrom shall be used by said trustees for the upkeep and im-
provement of the lands held and for the benefit of the poor in
said districts. :

The said trustees or said freeholders may employ counsel,
whenever such action may be necessary for effectuating the pur-
poses and objects of this act, but no fee shall be paid or allowed
out of the trust funds unless or until the same shall have been
approved by the said court.

3. An emergency existing, this act shall be in force from its
passage.