CHAP. 73.—An ACT to amend and re-enact section 648 of the Code of
Virginia, in relation to property vested in and managed by county
school boards. : [fH B 46]

Approved March 23, 1923..

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

Section 648. Property vested in and managed by county
school boards; council.—Al] money, bonds, stocks, debts, funds,
effects, and other property, real and personal, held by individuals
by virtue of their office of school commissioner or overseers of
the poor of any of the counties of this Commonwealth, under any
act heretofore passed by the general assembly of Virginia, ac-
quired 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 with-
out trustees: and any funds or property that may be hereafter
set apart solely for county school purposes, and all donations, by
will, deed, or other conveyances, heretofore or hereafter made
for county or district school purposes, the lots and school build-
ings and all the real and personal property acquired for the use
of county or district schools, or for the maintenance thereof,
shall, by operation of law, be vested in the county school boards
of the said counties, respectively, created by an act approved
March twenty-fourth, nineteen hundred and twenty-two, unless
inconsistent with the grant or devise, upon such terms and con-
ditions for the security of the same as the circuit court of said
county shall prescribe. The said boards shall, when not incon-
sistent with the terms of the grant or devise, invest and manage
the same, and apply the profits thereof for the purpose of
education 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 necessary to the erection of school
houses 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
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 in paying any debt which may have been incurred
by the 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 prop-
erty are held by trustees for purposes of common school educa-
tion, the county schoo! board shall have power, and it shall be its
duty to examine into the manner in which such trusts are ad-
ministered; 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 ali the points connected with such administra-
tion; and should such examination reveal any defect or irregu-
larity in the administration of such trust funds or other prop-
erty, 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
authorized 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 payment of reasonable attorney’s
fee whenever such action may be necessary for effectuating the
purposes and objects of this section, or for the protection of the
public schools of the county, from loss or detriment from any
cause; but 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 affiect or impair any rights or interests whatsoever, either
public or private arising under said clause. |

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

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