Chap. 41.—An ACT to amend and re-enact section 1 of chapter 61 of the act:
of 1874, 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, anc
to establish the manual labor school provided for in the twenty-fifth clause
of said will, approved February 24, 1874, as amended by acts ap-
proved 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 meetings 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, as last amended by chapter 111 of
the acts of 1928, approved March 9, 1928. [ H B 51]

Approved February 21, 1930

1. Be it enacted by the general assembly of Virginia, That section
me of chapter sixty-one of the acts of eighteen hundred and seventy-
our, as heretofore amended, be amended and re-enacted so as to read
iS follows:

Clause I. The Miller Manual Labor School of Albemarle shall
e continued and the trustees thereof, appointed as hereinafter pro-
ided, shall be and remain a corporation by the name of: The Miller
Manual Labor School of Albemarle, and shall have perpetual suc-
ession, and a common seal, which it may alter or renew at pleasure,
nd may sue and be sued, implead and be impleaded, contract and be
ontracted with, purchase, take by grant, devise or bequest and hold
states, real and personal, for the uses and purposes of said manual
tbor school.

Clause I]. The members of said corporation, as organized under
uid act of the general assembly, approved February twenty-fourth,
ighteen hundred and seventy-four, and amendments thereof, shall
continue members of said corporation until trustees appointed as pro-
vided 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 a 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 fur-
nished by the remaining trustees, although less than a quorum, which
list shall contain at least twice as many names 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 desig-
nated by the chairman or by three members thereof. The board shall
make all necessary rules and regulations in respect to meetings and pro-
ceedings 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 belong-
ing 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 pur-
poses 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 assem-
bly 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 upor
the board of the literary fund, and may invest the funds belonging tc
said corporation in safe and profitable stocks or securities, although
not legal investments for fiduciaries.

The fiscal agent or agents shall in respect to money and securitie:
committed into its or their charge, as provided in clause five hereot
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 especially 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 sup-
port of said school, including the purchase of land (should any be pur-
chased), the erection of buildings, the feeding, clothing, and education
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 trustees, be paid
by the said board of trustees 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 same 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 com-
pensation 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, and
if necessary for appointment of pupils of said school, also on the
Tuesday after the third Monday in January, or if from any cause
they fail to meet on such days, or either of them, at such times there-
after 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
select and designate, subject to appointment by the circuit court, as
provided for in the twenty-fifth clause of said will, as pupils of the
said school, those described in the said clause and required by the
testator to be so selected, having qualifications as prescribed by the
circuit court. At such meeting a majority of all the school trustees for
said county and city shall constitute a quorum for business, and a
majority failing to attend, those present may adjourn from day to
day, 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-officio) the chairman and secretary, respectively, of such meet-
ings, but those officers, or either of them, being absent, the meeting
may elect from its members a chairman or secretary, or both, pro
tempore. The said clerk, acting as secretary, shall have no vote, and
the superintendent of schools, acting as chairman, shall vote only in case
of a tie. At such meetings of the school trustees of the city of Char-
lottesville, 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 meet-
ing. 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 be kept by him, except when needed at the annual meeting of the
trustees, in the circuit court clerk’s office, open to inspection in the same
manner as the other records in said office. To the terms of the circuit
court of Albemarle immediately succeeding such meetings the said
trustees shall: have written reports of the pupils selected by them,
specifying the length of time they shall respectively continue in the
school. Such reports may be made by their chairman and secretary.
The pupils so selected, when appointed, by the circuit court, shall
be subject to the discipline and to all the rules and regulations adopted
for the government of the school, and may at any time be honorably
discharged or expelled for cause by the said circuit court, or by the
judge thereof in vacation, on the recommendation of the visitors of
the said school. For the services required by this act, the superin-
tendent of schools, acting as chairman, and each trustee, shall receive
five dollars for each meeting actually attended, not exceeding two,
and the secretary shall receive ten dollars per annum, to be paid out of
the income and profits of the fund in manner provided for the pay-
ment of other claims.

Clause VII. It shall at all times be competent for the general
assembly, at its discretion, to change the organization of said cor-
poration 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 sem1-
annual meeting of the city and county school boards held at the Miller
School on Tuesday after the third Monday in January and July ot
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.