University of Virginia Library

1847-48.

At the Session of 1847-48, Chapter 17, entitled, "An act concerning
the Va. military Institute, the University, and the Colleges
of the Commonwealth", p. 18, was enacted. The preamble and
sec. 1 do not apply to the university. Sections 2, 3, 4 and 5 follow:

"2. Be it further enacted, That it shall be lawful for the board
of visitors of said institute to establish under such regulations as,
they may deem expedient, scholarships in said institute; and that
whensoever any individual or individuals, bodies politic or corporate,
shall bestow upon said institute, by depositing in the treasury
of the commonwealth of Virginia, to be invested in state stock in
the name and for the benefit of said institute, a sum of money, the

interest of which shall be sufficient to educate and maintain at said
institute one or more cadets, that such donor and his heirs forever,
or the guardians of such heirs if they be infants under the age of
21 years, shall have the right to nominate and place in said institute,
one or more cadets, in conformity with, the regulations of the board
of visitors in the premises.

3. Be it further enacted, That a scholarship or scholarships thus
created, shall be perpetual, and it shall not be lawful for the original
donor or his heirs, or the legal representatives of said heirs, to
reclaim the original sum thus invested; and if said donor, or his
heirs, or the guardian of such heirs if they be infants, shall fail
or decline for a period of one year to nominate a cadet or cadets
as aforesaid, that then and in that case it shall be lawful for the
board of visitors of said institute, to appropriate the interest arising
from said stock, invested as aforesaid, in the education and maintenance
of one or more indigent young men, to be selected by said
board, and taken from the state at large.

4. Be it further enacted, That it shall be lawful for the Society
of alumni of said institute, without depositing in the treasury of
the commonwealth a sum, the interest of which would be sufficient
to educate and maintain a cadet, to establish a scholarship and maintain
at said institute a cadet by annual voluntary contributions, subject
to such regulations as may be established by the board of visitors.

5. Be it further enacted, That the provisions of the second, third
and fourth sections of this act be, and the same are hereby extended
to the University of Virginia, the colleges of William & Mary,
Hampden Sydney, Washington, Randolph Macon, and Henry and
Emory, as fully and effectually as if said institutions, their visitors,
trustees and society of alumni, had been in said sections specifically
named: Provided, That nothing herein contained shall under any
pretense be so construed as to deprive the legislature of the power
of withdrawing the whole or any part of the annuity to the Virginia
Military institute, or the University of Virginia, or of selling,
renting out, or otherwise disposing of the buildings or property belonging
to either of the said institutions at their will and pleasure."
(Sections 6, 7 & 8 omitted, as not applying to the university) Acts
1847-8, pp. 18-20.

Section 41 of Chapter X, entitled "of offenses against public
policy", puts a penalty on "Crediting students, etc." See p. 120.

It follows: "41. Any free person, who either by himself or his
agent, directly or indirectly, shall sell or let to hire or credit to
any person under the age of 21 years, attending as a student or
pupil, at any incorporated college, university, academy or military
institution within this state, any goods, wares or merchandise, meat,
drink or entertainment, hack or other carriage, riding horse or
other thing, or lend or advance money to any such student or pupil,
without permission in writing of the parent or guardian of such
student or pupil, or proper authority of such college, university,
academy or military institution shall be punished by confinement
in the jail not less than two months, and by fine not less than two
nor more than five hundred dollars; Provided, That any person
who by act of an agent without his knowledge or consent, shall
commit any offense in this section mentioned, and who shall within
ten days thereafter give information thereof in writing to the
proper authority of such college, university, academy or military
institution, shall be exempt from the punishment herein declared
therefor". Acts 1847-8, p. 120.

There was also adopted the following Joint Resolution. No. 14.
Resolution concerning the visitors of the University of Virginia.
(adopted March 22, 1848). "Whereas doubts have arisen whether
the act, entitled "an act to reduce into one act the acts to disable
officers of the Continental government from holding office under
the authority of the commonwealth", passed Jan. 16, 1819, does
or does not disable the senators and representatives of Virginia in
the congress of the U. S. from holding or accepting the appointment
of visitors of the University of Virginia: Reslved, therefore by the
senate and house of delegates of Virginia, that the above recited
act shall not be construed to prevent, or in any manner disqualify
any such senator or representative from accepting or holding the
place of visitor of the university aforesaid". Acts 1847-8, p. 356.