dowment funds held by such libraries and educational institutions directly or in trust, and not invested in real estate: provided, that such libraries and educational institutions are not conducted for profit of any person or persons, natural or corporate, directly, or under any guise or pretence whatsoever. But the exemption mentioned in this subsection shall not apply to any industrial school, individual or corporate, not the property of the State, which does work for compensation, or manufactures and sells articles in the community in which such school is located: provided, that nothing herein contained shall restrict any such school from doing work for or selling its own products or any other articles to any of its students or employees.

(Parts of Sec. 183)

Public Free School Law

[Code of Virginia, 1887, with subsequent amendments, also Pollard's Code, 1904.]

OF PUBLIC FREE SCHOOLS FOR COUNTIES, AND OF THE LITERARY FUND

UNIFORM SYSTEM OF PUBLIC FREE SCHOOLS

1. Efficient system of public free schools. An efficient system of public free schools shall be established and maintained in all the counties and towns of the State. (Code, Sec. 1427)

2. Authorities for administering system. The public free school system shall be administered by the following authorities, to-wit: A State Board of Education, a Superintendent of Public Instruction, division superintendents of schools, and district and county school boards. (Code, Sec. 1428)

3. State Board of Education. The State Board of Education shall be a corporation by that name, and shall consist of the Governor, the Attorney-General, the Superintendent of Public Instruction, and three experienced educators, to be elected quadrennially by the Senate, from a list of eligibles, consisting of one from each of the faculties, and nominated by the respective boards of visitors or trustees of the University of Virginia, the Virginia Military Institute, the Virginia Polytechnic Institute, the State Female Normal School at Farmville, the School for the Deaf and the Blind, and also of the College of William and Mary (so long as the State shall continue its annual appropriation to the last named institution), together with two division superintendents of schools, one from a county and one from a city, to be selected by the board composed of the Governor, the Attorney-General, the Superintendent of Public Instruction, and three experienced educators elected by the Senate as herein provided, said division superintendents to have powers and duties identical with those of the other members, except participation in the appointment of any public school official.

Terms of Members.-The terms of the three members elected by the Senate shall be four years, provided they continue so long on the list of eligibles. The terms of those first elected shall date from March one, one thousand nine hundred and three. The Senate shall elect their successors at the session of the General Assembly which begins next before the expiration of the term of the members of the board so elected by the Senate, and so on from term to term of the members so to be elected.

The terms of the two division superintendents first selected after the passage of this act shall be two years from the first day of April, nineteen hundred and seven, provided they hold the office of division superintendent so long; and, within thirty days before the expiration of their term every two years thereafter, the appointing board herein provided shall select their successors, whose term shall be two years from the first day of April following their appointment. The terms of those now in office shall continue until the first day of April, nineteen hundred and seven.

Qualification. Before entering upon their duties, all the members of the board, except the Governor, the Attorney-General, and the Superintendent of Public Instruction, shall take and subscribe the oaths prescribed by the Constitution before any officer authorized to administer oaths, and said officer shall certify the same; a minute of their qualification shall be entered in the proceedings of the board, and the oaths shall be returned as required by law as to the oaths of other State officers.

Vacancies in the Board.-Any vacancy occurring during the term of any member of the board, except that of the Governor and the Attorney-General, shall be filled for the unexpired term by the board.

President of the Board.-The Superintendent of Public Instruction shall be ex-officio president of the board, and in his absence the members present shall elect a president pro tempore.

Quorum. A majority of the members shall constitute a quorum for the transaction of business. (Code, Sec. 1429)

4. Meetings. Meetings of the board shall be held upon the call of the president, or upon request of a majority of its members: provided, that the president shall give due notice to all the members of the time of holding the meetings. The place of meeting shall ordinarily be the office of the Superintendent of Public Instruction. (Code, Sec. 1430)

5. Record. A faithful record shall be kept of the proceedings

of the board, which shall be signed by the president, or, in his absence, by the president pro tempore, and shall at all times be open to inspection. (Code, Sec. 1431)

6. Recovery of money due literary fund.-Any money which ought to be paid into the public treasury to the credit of the literary fund shall (unless other provisions be made therefor) be recoverable, with interest, by the State Board of Education, by motion after fifteen days' notice, or by action in the Circuit Court of the City of Richmond. The Second Auditor shall institute and prosecute the proceedings after an order for such motion or action shall have been made by the board.

The said board may appoint agents for the collection of its debts or claims, and authorize them to secure payment thereof on such terms as it may approve.

When estate of any person taken under execution, or for sale under any decree or deed of trust, for any such debt or claim, or for any fine, will not sell for the amount thereof, such agent may (under the direction of the board as to the price) purchase such estate for the board. He shall immediately report to it every such purchase and the terms thereof.

The board may sell, or appoint an agent to sell, any estate so purchased, who shall sell at such time and on such terms as the board may authorize. It shall take bond from such agent if any money is to come into his hands. Any agent selling land under this section shall, when directed so to do by the board, execute a deed (with the resolution giving such direction thereto annexed) conveying to the purchaser all the interest which the board may have in such land.

For the service of any agent under this section, the board may allow compensation, not exceeding in any case five per centum on the money actually paid into the treasury. (Code, Sec. 1432)

7. Duties of the State Board of Education. The powers and duties of the board shall be as follows:

First. To divide the State into appropriate school divisions, in the discretion of said board, comprising not less than one county or city each, but no county or city shall be divided in the formation. of such divisions, and in the establishment of such school divisions the said State Board of Education shall so make up the same as to insure to each division superintendent a salary of not less than nine hundred dollars per annum: provided, that in any case where

the aggregate population of two adjacent counties, or of a city and the county in which it is located, is now less than fourteen thousand people and where, in the judgment and discretion of the State Board of Education, it is not practicable to attach such counties or city to some adjoining county or city so as to make up a division that will provide a salary of not less than nine hundred dollars. per annum for the division superintendent thereof, then in such case the State Board of Education may, in its discretion, put said counties, or county and city, into a division, the superintendent of which shall not receive less than seven hundred dollars per annum.

It shall, subject to the confirmation of the Senate, appoint for each of such divisions one superintendent of schools, who shall hold office for four years, and who, during his said incumbency of this office, shall be required to devote himself exclusively to the discharge of its duties: provided, that the State Board of Education may in its discretion make an exception to this rule of exclusive employment when in the judgment of said board such exceptions will enure to the benefit of the public school system in the division of such superintendent thus excepted.

And provided further, that in the case of any border county touching another State than Virginia, and having a population of less than fourteen thousand people, where the State Board of Education, in its discretion, may think that making an exception of such county from the requirements of this act will enure to the best interests of the public school system therein, the said State Board of Education may waive the requirements of this act as to the salary of the division superintendent of schools for said county.

And provided further, that when, on account of geographical or other conditions, the grouping of two or more counties, or the grouping of a county or counties and a city, will not be to the benefit of said divisions, the State Board of Education may, in its discretion, modify the rule as to said grouping and as to the minimum salary herein provided for.

The board shall also prescribe the duties of such division superintendent, and may remove him for cause and upon notice. When a vacancy occurs during the recess of the General Assembly it shall be filled by appointment of the board for the unexpired term, and the appointee shall continue in office until the expiration of thirty days after the first meeting of the General Assembly; but it shall not be lawful when the General Assembly is not in session for the said board to appoint as division superintendent