Chap. 111.—An ACT to amend and re-enact section 1 of an act entitled an act to
give effect to a compromise of litigation in respect to the construction and
effect of the will of Samuel Miller, deceased, and to establish the manual labor
school provided for in the twenty-fifth clause of said will, approved February
24, 1874, as amended by acts approved April 2, 1877, April 19, 1884, February
29, 1892, January 11, 1896, May 13, 1903, respectively. And to repeal an
act approved February 19, 1904, entitled an act to regulate the number of
votes to be cast by the school trustees of the city of Charlottesville, Virginia,
in the semi-annual mectings of the city and county school boards held at
the Miller school on Tuesday after the third Monday in January and July
of each year or any adjourned meeting thereof. [S B 51]

Approved March 9, 1928

Whereas, in view of the changes in organization of the government
recently effected and in contemplation, it is convenient and necessary to
change in some respects the organization of the Miller Manual Labor
School of Albemarle, which is a public institution controlled by the
State, as created by and existing under an act of the general assembly
of Virginia, approved on the twenty-fourth day of February, eighteen
hundred and seventy-four, entitled an act to give effect to a com-
promise of the litigation in respect to the construction and effect of
the will of Samuel Miller, deceased, and to establish the Miller Manual
Labor School, provided for in the twenty-fifth clause of said will,
and amendments thereof, and in some respects to change the agencies
by which the said charity shall be administered; and by said act It 1s
provided that it shall at all times be competent for the general assembly
of Virginia at its discretion, to change the organization of said cor-
poration and the agencies by which the said charity shall be adminis-
tered, more effectually to carry out the objects and purposes of said
testator for the establishment and perpetual support of the school in
the said twenty-fifth clause of said will mentioned; therefore,

1. Be it enacted by the general assembly of Virginia, That the first
section of an act entitled an act to give effect to a compromise of
the litigation in respect to the construction and effect of the will of
Samuel Miller, deceased, and to establish the manual labor school
provided for in the twenty-fifth clause of said will, approved I‘ebruary
twenty-fourth, eighteen hundred and seventy-four, as amended by
acts approved April second, eighteen hundred and seventy-seven, April
nineteenth, eighteen hundred and eighty-four, February twenty-ninth,
eighteen hundred and ninety-two, January eleventh, eighteen hundred
and ninety-six, and May thirteenth, nineteen hundred and three, re-
spectively, be amended and re-enacted so as to read as follows:

Clause I. The Miller Manual Labor School of Albemarle shall be
continued and the trustees thereof, appointed as hereinafter provided,
shall be and remain a corporation by the name of The Miller Manual
ILabor School of Albemarle, and shall have perpetual succession, and
a common seal, which it may alter or renew at pleasure, and may sue
and be sued, implead and be impleaded, contract and be contracted
with, purchase, take by grant, devise or bequest and hold estates, real
and personal, for the uses and purposes of said manual labor school.

Clause II. The members of said corporation, as organized under
said act of the general assembly, approved February twenty-fourth,
eighteen hundred and seventy-four, and amendments thereof, shall
continue members of said corporation until trustees appointed as
provided in clause three shall have been appointed and shall qualify.

Clause III. A board of five trustees shall be appointed by the
governor, and confirmed by the senate, to hold office for the term of
eight years, provided that at the first appointment two trustees shall
be appointed for the term of four years, from the first day of
February, nineteen hundred and twenty-eight, and three for the term
of eight years, from the first day of February, nineteen hundred and
twenty-eight, and all successive appointments shall be for the term of
eight years. Any vacancy in the office of trustee, by expiration of
term or otherwise, shall be filled by the governor by reappointment
of the retiring trustee, or, in the discretion of the governor, from a
list furnished by the remaining trustees, although less than a quorum,
which list shall contain at least twice as many named as there are
vacancies to be filled. Vacancies caused otherwise than by expiration
of term, shall be filled for the unexpired term.

Clause IV. The board of trustees constituted as provided in clause
three shall appoint one of their members as chairman and shall appoint
a secretary, who may or may not be a member of the board. Meetings
of said board shall be held at such times and places as shall be
designated by the chairman or by three members thereof. The board
shall make all necessary rules and yegulations in respect to meetings
and proceedings thereof.

Clause V. The board shall appoint, as fiscal agent or agents, one
or more strong, well known banks or trust companies doing business
in this State, in which no member of the board shall be in any way,
directly or indirectly, interested, which shall continue as such fiscal
agent at the pleasure of the board. All money and securities belonging
to said corporation shall at all times be in the custody of said fiscal
agent or agents, the board determining what securities and what money
shall be in the custody of each fiscal agent, if there be more than one.
The funds, stocks, securities and investments belonging to the trust
fund created by said twenty-fifth clause, shall be kept scrupulously
separate and be sacredly and forever devoted to the uses and purposes
of said manual labor school. ©

Clause VI. The corporation shall continue to hold the legal title
to all property dedicated by the will of Samuel Miller and by the
compromise referred to in the preamble of the act of the general
assembly approved February twenty-fourth, eighteen hundred and
seventy-four, and all other property acquired by it, for the use and
benefit of said school. The board of trustees appointed as provided
in clause three shall discharge, in addition to the duties devolving
upon them as members of said corporation, all the duties devolved,
and exercise all the powers conferred by said twenty-fifth clause of
said will upon the board of the literary fund, and may invest the funds
belonging to said corporation in safe and profitable stocks or securi-
ties, although not legal investments for fiduciaries.

The fiscal agent or agents shall in respect to money and securities
committed into its or their charge, as provided in clause five hereof,
discharge all the duties devolved by said twenty-fifth clause of the
will of Samuel Miller upon the second auditor and shall receive such
compensation as may be allowed by the board of trustees.

The circuit court of Albemarle county is authorized and required
sitting in term by orders entered upon a record book to be kept by the
clerk of said court specially for that purpose to discharge all the
duties devolved, and exercise the powers conferred by said twenty-fifth
clause upon the county court of said county.

The charges and expenses attending the establishment and support
of said school, including the purchase of land (should any be pur-
chased), the erection of buildings, the feeding, clothing, and educa-
tion of the pupils, the charges for medical attendance upon them,
and everything incident thereto and connected with the said school,
shall, when examined, allowed and certified by the said circuit court
of Albemarle county and approved by the board of education, be paid
by the said board of education out of the income and profits of the
trust fund created by twenty-fifth clause of said will. The record
book aforesaid shall be provided from the fund, and the clerk of the
said court shall receive for keeping the same, fees allowed by law
for orders in the order book of said court, to be paid out of the said
income and profits as other claims are provided to be paid. And for
the duties imposed upon the said circuit court, and for the services
required to be rendered by the judge thereof, every such judge shall
receive compensation in addition to his regular salary, and the amount
of such compensation shall be fixed by the said board of trustees for
each year, and shall be paid by the said board, out of said income
and profits, in the manner provided for the payment of other claims,
as a part of the expenses necessary for the execution of the trust;
but the same shall never, in any case, exceed the sum of six hundred
dollars per annum. And the district school trustees of the respective
school districts of the said county and of the city of Charlottesville,
shall meet annually on the Tuesday after the third Monday in July,
nd if necessary for appointment ot pupils of said school, also on the
luesday after the third Monday in Jattuary, or if from any cause
hev tail to meet on such days, or either of them, at such times there-
ufter as the circuit court may appoint, at the school, unless some
other place of meeting within said county or city be fixed by them, and
elect and designate, subject to appointment by the circuit court, as
srovided for in the twenty-fifth clause of said will, as pupils of the
aid school, those described in the said clause and required by the
estator to be so selected, having cualifications as prescribed by the
ircuit court. At such meeting a majority of all the school trustees
or said county and city shall constitute a quorum for business, and
1 majority failing to attend, those present may adjourn from day to
lay, or from time to time, until a quorum shall attend. The county
superintendent of schools and the clerk of the circuit court, shall be
(ex-ofhcio) the chairman and secretary, respectively, of such meetings,
but those officers, or either of them, being absent, the meeting may
tlect from its members a chairman or secretary, or both, pro tempore.
The said clerk, acting as secretary, shall have no vote, and the super-
intendest of schools, acting as chairman, shall vote only in case of a
ue. At such meetings of the school trustees of the city of Charlottes-
ville, and the county of Albemarle, or any adjourned meeting, the
school trustees of the city of Charlottesville shall only be entitled to
cast two votes on any question that may be presented to such meeting.
The mode of selecting the two members of the said city school trustees
to cast said votes shall be done by said city school trustees in’ the
manner deemed best by them. In all other matters except voting.
all of the said city school trustees shall have the same privileges as
the school trustees of the said county. The secretary shall keep a
minute and accurate account of the proceedings in a well bound book,
which shall he kept by him, except when needed at the annual meeting
of the trustees, in the circuit court clerk’s office, open to inspection in
‘he same manner as the other records in said office. To the terms
of the circuit court of Albemarle immediately succeeding such meet-
nes the said trustees shall have written reports of the pupils selected
v them, specifving the length of time they shall respectively continue
1 the school. Such reports mav be made by their chairman and
ecretary. The pupils so selected. when appointed by the circuit
gurt, shall be subject to the discipline and to all the rules and regula-
ons adopted for the government of the school, and may at any time
- honorably discharged or expelled for cause by the said circuit court,
r by the judge thereof in vacation, on the recommendation of the
isiturs of the said school. For the services required by this act, the
yperintendent of schools, acting as chairman, and each trustee, shall
ceive five dollars for each meeting actually attended, not exceeding
vo, and the secretary shall receive ten dollars per annum, to be paid
ut of the income and profits of the fund in manner provided for the
ayment of other claims.
Clause WII. It shall at all times be competent for the general
assembly, at its discretion, to change the organization of said corpora-
tion and the agencies by which said charity shall be administered,
more effectually to carry out the objects and purposes of said testator
for the establishment and perpetual support of the school in the said
twenty-fifth clause of said will mentioned from which objects and
purposes the Miller fund shall not be diverted.

2. An act approved February nineteenth, nineteen hundred and
four, entitled an act to regulate the number of votes to be cast by
the school trustees of the city of Charlottesville, Virginia, in the semi-
annual meeting of the city and county schools boards held at the Maller
school on Tuesday after the third Monday in January and July
of each year, or any adjourned meeting thereof, be and the same is
hereby repealed.

3. An emergency existing this act shall be in force from the date
of its passage.