CHAPTER 462

An Act to umend and reenact § 1, as amended, of Chapter 61 of the
Acts of Assembly of 1874, approved February 24, 1874, relating to
the Miller Fund and the Miller School of Albemarle, the section rela-
ting to the charter of such school. 'S 180]

Approved April 4, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 1, as amended, of Chapter 61 of the Acts of Assembly of 1874,
approved February 24, 1874, be amended and reenacted as follows:

§ 1. 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 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 contracted with, purchase, take by
grant, devise or bequest and hold estates, real and personal, for the uses
and purposes of said school. Whenever the words “Miller Manual Labor
aa appear in this act they shall be construed to refer to said corpo-
ration.

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 Gov-
ernor, and confirmed by the Senate, to hold office for the term of eight
years, provided that at the first appointment two trustees shall be ap-
pointed for the term of four years, from the first day of February, nine-
teen hundred twenty-eight, and three for the term of eight years from
the first day of February, nineteen hundred twenty-eight and all succes-
sive appointments shall be for a term of eight years. Any vacancy in the
office of the 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 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 turstees 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 proceedings

ereof.
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 deter-
mining what securities and what money shall be in the custody of each
fiscal agent, if there by 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 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 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 addi-
tion 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
stock or securities, 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 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 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 everything in-
cident 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 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 * June, and if necessary
for appointment of pupils of said schools, 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 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 qualifica-
tions 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
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 super-
intendent 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 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 select-
ing 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
clerks 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 super-
intendent 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 As-
sembly, at its discretion, to change the organization of said corporation
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. Anemergency exists and this act is in force from its passage.