Chap. 258.—An ACT to amend and re-enact Section 1, as amended, of Chapter 61
of the Acts of Assembly of 1874, approved February 24, 1874, relating to Miller
Fund and Miller Manual Labor School, the section relating to charter of the
corporation. [H B 283]

Approved March 25, 1946

Be it enacted by the General Assembly of Virginia:

1. That section one, as amended, of chapter sixty-one of the Acts
of Assembly of eighteen hundred seventy-four, approved February
twenty-four, eighteen hundred seventy-four, be amended and re-enacted,
as follows:

Section 1. Clause I. The Miller Manual Labor School of Albe-
marle shall be continued and the trustees thereof, appointed as hereinafter
provided, shall be and remain a corporation by the name of The Miller
Manual Labor 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 may be impleaded, contract and be con-
tracted 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 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 twenty-eight, and three for the term of eight years
from the first day of February, nineteen hundred twenty-eight and all
successive appointments shall be for a term of eight years. Any
vacancy in the office of the trustee, by expiration of term or other-
wise, 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 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 designated
by the chairman or by three members thereof. The board shall make
all necessary rules and regulations in respect to meetings and proceed-
ings 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
the State 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 de-
termining 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 com-
promise referred to in the preamble of the act of the General Assembly
approved February twenty-fourth, eighteen hundred seventy-four, and
all other property acquired by it, for the use and benefit of said school.
The board of trustees appcinted as provided in clause three shall dis-
charge, in addition to the duties devolving upon them as members of said
corporation, all the duties devolved, and exercise all the powers con-
ferred by said twenty-fifth clause of said will upon the board of the liter-
ary fund, and may invest the funds belonging to said corporation in safe
and profitable stocks or securitics, 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, dis-
charge all the duties devolved by said twenty-fifth clause of the will of
Samuel Miller upon the Comptroller and shall receive such compensa-
tion as may be allowed by the board of trustees.

The circuit court of Albemarle county 1s 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 circuit court of said county.

The charges and expenses attending the establishment and support
of said school, including the purchase of land (should any be purchased )
the erection of buildings, the feeding, clothing, and education of the
pupils, the charges for medical attendance upon them, and every-
thing 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 pro-
vided from the fund, and the clerk of the said court shall receive for keep-
ing 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 cir-
cuit 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 Mon-
day 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
thereafter 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 pro-
vided 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 form day to day, or froin 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 meetings, 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 Charlottesville, and the County of Albemarle, or any adjourned meet-
ing, the school trustees of the City of Charlottesville shall only be en-
titled 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
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 recom-
mendation of the visitors of the said school. For the services required
by this act, the superintendent 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 payment 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 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.