 | Legislative history of the University of Virginia as set forth in the Acts of the General Assembly of Virginia, 1802-1927 |  |
Legislative History
While the University of Virginia, eo nomine, was not, legislatively
speaking, started until 1817, several statutes that may be
considered as leading in that direction, and laying what afterwards
proved to be the foundation or beginnings of the University, were
enacted several years earlier.
The first inkling that we have found of an intention looking towards
another higher institution of learning, besides the College of
William and Mary, is a resolution of the House of Delegates,
adopted Tuesday, December 1st., 1795, and agreed to by the Senate
the following day, reading as follows: "Whereas the migration of
American youth to foreign countries for the completion of their
education, exposes them to the danger of imbibing political prejudices
disadvantageous to their own republican forms of government,
and ought therefore to be rendered unnecessary and avoided: Resolved,
That the plan contemplated of erecting an university at the
federal city, where the youth of the several states may be assembled,
and their course of education finished, deserves the countenance and
support of each state. And whereas when the general assembly
presented sundry shares in the James River and Patowmac Companies,
to George Washington, as a small token of their gratitude
for the great, eminent, and unrivalled services he had rendered to
this commonwealth, to the United States, and to the world at large,
in support of the principles of liberty and equal government, it was
their wish and desire that he should appropriate them as he might
think best: And whereas the present general assembly retain the
same high sense of his virtues, wisdom and patriotism: Resolved
therefore, That the appropriation by the said George Washington
of the aforesaid shares in the Patowmac company to the university
intended to be erected in the federal city, is made in a manner most
worthy of public regard and of the approbation of this commonwealth.
Resolved also, That he be requested to appropriate the
aforesaid shares in James River company, to a seminary at such
place in the upper country as he may deem most convenient to a
majority of the inhabitants thereof". December 2nd, 1795.
Agreed to by the Senate. Va. Stat. at Large, Vol. 1 (Shepherd)
p. 434 (1792-1806).
George Washington did so appropriate the shares subscribed in
his name in the James River Canal Company, to the use of Liberty
Hall Academy in Rockbridge county, which soon became Washington
College, and then Washington and Lee University.
1802-3.
We come then to the act to establish an academy in the county
of Albemarle, and for other purposes. (Passed January 12, 1803)
Chap. 34 of Laws of Virginia December 1802.
"Be it enacted by the general assembly, That Wilson E. Nicholas,
Francis Walker, George Divers, John Nicholas, William Wardlow,
Thomas M. Randolph, John Carr, Dabney Carr, Peter Carr, Edward
Garland, Samuel Murrell, Charles Everitt, William D. Meriwether,
and Thomas W. Lewis, gentlemen, be, and they are hereby
constituted a body politic and corporate, by the name of "The
Trustees of Albemarle Academy", and by that name shall have
perpetual succession and a common seal.
2. The said trustees and their successors, or a majority of them,
by the name aforesaid, shall be capable in law to purchase, receive
and hold to them and their successors forever, any lands, tenements,
rents, goods and chattels, of what kind soever, which may be purchased
by, or sold, devised or given to them for the use of the said
academy; and to sell or otherwise dispose of the same in such
manner as to them shall seem most conducive to the advantages of
the said academy.
3. (Empowers the trustees to sue and be sued; to make by-laws,
rules and regulations and to appoint a president and other officers,
erect buildings, etc.; to take and receive subscriptions and enforce
the same.)
4. (Provides for filling vacancies.)
5. And be it further enacted, That it shall and may be lawful
for the said trustees and their successors, or a majority of them, to
raise by lottery or lotteries, the sum of three thousand dollars, to be
applied by them towards the erection of buildings necessary for the
said academy.
6. This act shall be in force from the passing thereof." Vol.
2, Shepherd's Va. Stats. at Large, p. 427.
1803.
Then, by Chap. 78 of Laws of Va., Dec. 1803, the Act incorporating
"The Trustees of Albemarle Academy", was amended by
adding to the trustees the following: James Lewis, Isaac Miller,
William W. Herring, John Harris, Benjamin Brown, Thomas C.
Fletcher, John Kelly, Christopher Hudson and Rice Garland, gentlemen.
Vol. 3, Shepherd's Va. Stats. at Large, p. 60.
1816.
We next come to the incorporation of "The Central College" by
Chap. 75 of the Acts of 1816, passed Feb. 14, 1816.
1. "Be it enacted by the General Assembly, That there shall be
established in the County of Albemarle, at the place which has been,
or shall be elected by the Trustees of Albemarle Academy, and in
lieu of such Academy, an institution, for the education of youth, to
be called, "The Central College", which shall be established, governed
and administered as follows:
2. The Governor of this Commonwealth for the time being
shall be the Patron of the said College, and shall have power to
appoint the visitors thereof in the first instance, and to fill up such
vacancies in the board of visitors as may exist afterwards from time
to time.
3. There shall be six visitors, who shall hold their offices each
for the term of three years, if he shall so long demean himself well;
of which the Chancellor of the district shall be the competent judge.
4. The said board of visitors shall have two stated meetings in
every year, in the said college; to-wit; on the day of the commencement
of the Spring term of the Albemarle Circuit Court, and on
the day of the commencement of the Fall term of the said Circuit
Court; and such occasional meetings as may be called from
time to time by any three members, giving effectual and timely
notice to the others; and if, from any cause, the said visitors
do not attend the said stated meetings, or such occasional meetings
as may be called from time to time, the said meetings may
be adjourned from day to day, until a general meeting shall be had.
5. They, or a majority of them, shall have power to appoint a
Treasurer and Proctor; to establish professorships, prescribe their
duties, and the course of education to be pursued; determine the
and the perquisites from their pupils; to lay down rules for the
government and discipline of the students; for their subsistence,
board and accommodation, and the charges to which they shall be
subject for these, and for tuition; to prescribe and control the
duties and proceedings of all officers, servants and others, with
respect to the buildings, lands and other property of the College, and
to the providing subsistence, board, accommodations, and all necessaries
for the students and others appertaining to the same; and to
fix the allowance and emoluments for their salaries; and, in general,
to direct and do all matters and things which to them shall seem
best for promoting the purposes of the institution, and for securing,
improving and employing its property; which several functions may
be exercised by them in the form of by-laws, rules, orders, instructions,
or otherwise as they shall deem proper.
6. There shall be a Treasurer, to be appointed by the visitors, to
hold his office during their pleasure; whose duty it shall be to receive
all monies which shall become due, or accrue to the college; to pay
all monies which shall be due from it, according to such directions,
general or special, as shall be given by the board of visitors, and to
render his accounts at such times, in such forms, and to such persons,
as they shall require or to themselves.
7. There shall be a proctor, to be appointed by the visitors, to
hold his office during their pleasure. In him, in trust for the college,
shall be vested, transmissible to his successors, the legal estate in all
property of the College, whether in possession, in interest, or in
action; and he shall have authority to maintain the same in all suits,
as plaintiff or defendant; which suits shall not abate by the determination
of his office, but shall stand revived in the name of his
successor; he shall be capable in law, and in trust for the College,
of receiving subscriptions and donations, real and personal, of purchasing,
receiving and holding, transmissible to his successor, all
property, real and personal, in possession, interest or action.
8. It shall be his duty to superintend, manage, preserve, and improve
all the property of the College, in possession, interest or action,
to erect, preserve, and repair the buildings, improvements, and possessions;
to provide subsistence and other necessaries, and to direct and
control the due and economical dispensation of them; to employ
and control all agents, servants and others necessary for the works
functions he shall act conformably with the provisions and principles
established by the visitors, of whose laws, regulations and
orders he shall have the general execution, when not addressed to
any other person.
9. And be it further enacted, That the rights and claims, now
existing in the said Albemarle Academy and its Trustees, shall by
this Act become vested in the said Central College, and its proper
officers, so soon as they shall be appointed; and that, in aid of the
subscriptions and donations obtained, and to be obtained, and of the
proceeds of the lottery authorized by the Act for establishing the
Albemarle Academy, the said College shall, by its proper officers,
when appointed, be authorized to demand and receive the monies
which arose from the sales of the Glebe Lands of the parishes of
Saint Ann and Fredericksville, in the County of Albemarle, or such
part thereof as belongs to the County of Albemarle or its citizens,
in whatever they may be, to be employed for the purposes of the said
College.
10. And be it further enacted, That the act passed in the year one
thousand eight hundred and three for establishing the said Albemarle
Academy, that of the same year amending the said act, and
all other provisions of other acts contrary to the purview of this
act shall be repealed from and after the appointment of Visitors,
as therein (sic) provided.
11. This act shall commence and be in force from and after the
passing thereof." Acts of Assembly, 1816, p. 191.
1817-18.
Then we come to the Act establishing "The University of Virginia".
It is Sec. 8 of an act entitled, "an Act appropriating part
of the Revenue of the Literary Fund, and for other purposes", being
Chapter XI of the Acts of 1817-18, p. 11. The first seven
sections created school commissioners of the several counties, cities
and towns and borough of Norfolk, and provided for their meetings,
powers, duties, education of poor children, etc. The eighth
section then begins: "8. Be it further enacted, That there shall be
established, in some convenient and proper part of the State, a
university to be called, "The University of Virginia",—wherein all
Legislature in ascertaining the permanent site of the said University
and in organizing it, there shall be appointed without delay by the
Executive of this Commonwealth twenty-four discreet and intelligent
persons, who shall constitute a board to be called "The board
of commissioners for the University". One member of the said
board, shall be appointed from each of the Senatorial Districts, as
they were arranged, by an act of the last session of the Legislature.
If any person so appointed shall fail or refuse to act, his place shall
be supplied from the same district, by appointment of the president
and directors of the literary fund. The said board shall meet on
the first day of August next at the Tavern in Rockfish gap on the
Blue Ridge for the purpose of performing the duties hereby assigned
to them. At least three-fourths of the whole number shall
be necessary to form a board for the transaction of business; but
any smaller number may adjourn from day to day, until a quorum
shall attend. The said board, when assembled, shall have power to
adjourn from time to time, and from place to place, until their
duties shall have been performed. It shall be their duty to enquire
and report to the Legislature at their next session:
First—a proper scite for the University;
Secondly—a plan for the buildings thereof;
Thirdly—The branches of learning, which should be taught
therein;Fourthly—The number and description of professorships; and
Fifthly—Such general provisions as might properly be enacted
by the Legislature, for the better organizing and
governing the University.
The said board are also authorized and required to receive any
voluntary contributions, whether conditional or absolute, whether
in land, money or other property, which may be offered, through
them, to the president and directors of the literary fund, for the
benefit of the University; and to report the same to the Legislature,
at their next session. The members of the said board of commissioners
shall be allowed for their services the same pay and travelling
expences as are allowed to members of the General Assembly, to
be ascertained and certified by the board, and paid out of the
literary fund.
9. Be it further enacted, That, as soon as the scite of the said
University shall be ascertained by law, there shall be appropriated,
out of the revenue of the literary fund, the sum of fifteen thousand
dollars per annum, for the purpose of defraying the expenses of procuring
the land and erecting the buildings, and for the permanent endowment
of the said University; Provided, however, that the appropriation,
hereby made to the University, shall in no manner impair
or diminish the appropriations hereinbefore made to the education
of the poor in the several counties and corporations.
10. Be it further enacted, That the University aforesaid shall be
under the government of thirteen visitors to be appointed by the
president and directors of the literary fund, and to hold their offices
for seven years, and until their successors shall be appointed,
unless sooner displaced by the said president and directors. All
vacancies in the office of visitor, by death, resignation, or removal
out of the Commonwealth, or failure to act, for the space of one
year, shall be supplied by the said president and directors.
11. The said visitors shall appoint one of their own body to be
rector, and they shall be a body corporate, under the name and style
of "The rector and visitors of the University of Virginia"; and, as
such, they may have and use a common seal, receive and hold property
for the benefit of the University, sue and be sued, implead and
be impleaded. They shall have power to appoint a clerk for their
own body, and allow him a reasonable compensation for his services;
to appoint and remove the professors and all other officers of
the University; to regulate their salaries and fees; and to make all
such by-laws, rules and regulations, as may be necessary to the good
government of the University, and not contrary to the laws of the
land. But the said rector and visitors shall at all times conform to
such laws, as the Legislature may from time to time think proper
to enact for their government; and the said University shall in all
things, at all times, be subject to the control of the Legislature.
12. This act shall commence and be in force from and after
the first day of March next." Acts of 1817-18. p. 11.
It will be noticed that this Act did not locate the University, but
left that important choice to "The board of commissioners for the
University"
1818-19.
This board proceeded to function, and as the result of their
action and choice, Chapter XIX, of the Acts of Assembly of 181819,
passed January 25, 1819, Entitled "An Act for Establishing An
University", (p. 15 of said Acts), was enacted, reading as follows:
"1. Be it declared by the General Assembly of Virginia, That
the conveyance of the lands and other property appertaining to the
Central College in the County of Albemarle, which has been executed
by the proctor thereof, under authority of the subscribers
and founders, to the President and Directors of the Literary Fund,
is hereby accepted, for the use, and on the conditions in the said
deed of conveyance expressed.
2. And be it enacted, That there shall be established, on the
scite provided for the said college, an university, to be called, "The
University of Virginia"; that it shall be under the government of
seven visitors to be appointed forthwith by the Governor, with the
advice of Council, notifying thereof the persons so appointed, and
prescribing to them a day for their first meeting at the said University,
with supplementary instructions for procuring a meeting
subsequently, in the event of failure at the time first appointed.
3. The said visitors, or so many of them as, being a majority,
shall attend, shall appoint a rector, of their own body, to preside at
their meetings, and a secretary to record, attest, and preserve their
proceedings, and shall proceed to examine into the state of the
property conveyed as aforesaid; shall make an inventory of same,
specifying the items whereof it consists; shall notice the buildings
and other improvements already made, and those which are in progress;
shall take measures for their completion, and for the addition
of such others from time to time, as may be necessary.
4. In the said university shall be taught the Latin, Greek and
Hebrew Languages, French, Spanish, Italian, German and Anglo-Saxon,
the different branches of mathematics, pure and physical—
natural philosophy, the principles of agriculture, chemistry, mineralogy,
including geology, botany, zoology, anatomy, medicine, civil
government, political economy, the law of nature and nations,
municipal law, history, ideology, general grammar, ethics, rhetorick,
and belles lettres; which branches of science shall be so distributed,
and under so many professors, not exceeding ten, as the visitors
shall think proper and expedient.
5. Each professor shall be allowed the use of the apartments
and accommodations provided for him, and those first employed
such standing salary as the visitors shall think proper and sufficient,
and their successors such standing salary, not exceeding one thousand
dollars, as the visitors shall think proper and sufficient, with
such tuition fees from each student, as the visitors shall from time
to time establish.
6. The said visitors shall be charged with the erection, preservation,
and repair of the buildings, the care of the grounds and appurtenances,
and of the interests of the University generally; they
shall have power to appoint a Bursar, employ a Proctor, and all other
necessary agents, to appoint and remove professors, two thirds of
the whole number of visitors voting for the removal; to prescribe
their duties, and the course of education, in conformity with the
law; to establish rules for the government and discipline of the
students, not contrary to the laws of the land; to regulate the
tuition fees, and the rent of the dormitories occupied; to prescribe
and control the duties and proceedings of all officers, servants and
others, with respect to the buildings, lands, appurtenances and other
property, and interests of the University; to draw from the Literary
Fund such monies as are by law charged on it, for this institution;
and, in general, to direct and do all matters and things which, not
being inconsistent with the laws of the land, to them shall seem
most expedient, for promoting the purposes of the said institution;
which several functions they shall be free to exercise in the form
of by-laws, rules, resolutions, orders, instructions, or otherwise, as
they shall deem proper.
7. They shall have two stated meetings in every year, to-wit:
on the first Mondays of April and October; and occasional meetings
at such other times as they shall appoint, or on a special call, with
such notice as themselves shall prescribe by a general rule; which
meetings shall be at the University; a majority of them constituting
a quorum for business, and on the death, resignation of a member,
or failure to act for the space of one year, or on his removal out of
the commonwealth, or by the Governor, with the advice of Council,
the Governor with like advice shall appoint a successor.
8. The said rector and visitors shall be a body corporate, under
the style and title of the Rector and Visitors of the University of
Virginia, with the right, as such, to use a common seal; they shall
in all cases interesting to the university, which may be subjects of
legal cognizance and jurisdiction; which pleas shall not abate by
the determination of their office, but shall stand revived in the name
of their successors; and they shall be capable in law, and in trust
for the university, of receiving subscriptions and donations real and
personal, as well from bodies corporate, or persons associated, as
from private individuals.
9. And the said rectors (sic) and visitors shall, at all times,
conform to such laws as the Legislature may, from time to time,
think proper to enact for their government; and the said university
shall, in all things, and at all times, be subject to the control of
the Legislature. And the said rector and visitors of the University
of Virginia shall be, and they are hereby required to make report,
annually, to the President and Directors of the Literary Fund, (to
be laid before the Legislature at their next succeeding session,)
embracing a full account of the disbursements, the funds on hand,
and a general statement of the condition of the said university.
10. The said board of visitors, or a majority thereof, by nomination
of the board, shall, once in every year at least, visit the said
university, enquire into the proceedings and practices thereat; examine
the progress of the students, and give to those who excell
in any branch of science, there taught, such honorary marks and
testimonials of approbation as may encourage and excite to industry
and emulation.
11. On every twenty-ninth of February, or, if that be Sunday,
then on the next, or earliest, day thereafter, on which a meeting
can be affected, the Governor and Council shall be in session, and
shall appoint visitors of the said university, either the same or others,
at their discretion, to serve until the twenty-ninth day of February
next ensuing, duly and timely notifying to them their appointment,
and prescribing a day for their first meeting at the University;
after which, their meetings, stated and occasional, shall be as herein-before
provided; Provided, That nothing in this act contained shall
suspend the proceedings of the visitors of the said Central College
of Albemarle; but for the purpose of expediting the objects of the
said institution, they shall be authorized, under the control of the
Governor and Council, to continue the exercise of their functions,
of their said successors.
12. And be it further enacted, That the additional sum of
twenty thousand dollars shall be, and the same is hereby appropriated
to the education of the poor, out of the revenue of the Literary
Fund, in aid of the sum heretofore appropriated to that object, and
to be paid in the same manner, and upon the same conditions in all
respects, as is prescribed by the fourth section of the act, entitled,
"an act appropriating part of the revenue of the Literary Fund, and
for other purposes", passed the twenty-first day of February, eighteen
hundred and eighteen. (Repealed immediately, see infra).
13. This act shall commence and be in force from and after the
passing thereof. Acts of Assembly, 1818-19, pp. 15-18. (This
Act appears as Chap. 34 of the Code of 1819, p. 90.)
Then follows immediately in the Acts of Assembly, though
passed March 3rd., 1819, Chapter XX, entitled "Part of the Act
to reduce into one the several acts concerning the Literary Fund".
Secs. 21 and 22 alone were printed here, as they alone related
to the University. They follow (repealing section 12, supra):
"21. All Acts, and parts of acts, coming within the purview of
this act, and especially so much of an act passed during the present
session of the General Assembly, entitled, "an act for the establishment
of an University", as appropriates the additional sum of
twenty thousand dollars, annually, out of the revenue of the literary
fund, to the education of the poor, shall be and the same are hereby
repealed: Provided, that all rights and remedies, fines, penalties,
and forfeitures, and proceedings, heretofore accrued, incurred or
commenced, shall be and remain in the same state and condition,
as if this act had never been passed.
22. This act shall commence and be in force from and after the
first day of January eighteen hundred and twenty; except so much
thereof as repeals the additional appropriation of twenty thousand
dollars, annually, out of the revenue of the literary fund; and so
much of this act as repeals the said appropriation shall commence
and be in force from and after the passing thereof." p. 18.
Note. However it seems that Sec. 20 should have been printed
there also, as it supplied the place of Sec. 12 of the Act Establishing
an University, repealed by Sec.21. We reproduce it here as it appears
33, p. 89.
"20. Be it further enacted, That there shall be appropriated out
of the revenue of the Literary Fund, the sum of fifteen thousand
dollars per annum, for the purpose of defraying the expenses of
procuring land, and erecting the buildings, and for the permanent
endowment of the University of Virginia; Provided, however, That
the appropriation hereby made to the University, shall in no manner
impair or diminish the appropriations hereinbefore made, to the
education of the poor in the several counties and corporations".
Note. Compare Acts 1817-18, Chap. 11, pp. 9, 11, Supra.
Chapter LXXXVII of the Acts of 1818-19 (p. 134), is merely
"An Act authorizing the Auditor to renew a lost certificate in favor
of the Central College". Passed Dec. 31, 1818.
1819-20.
The only legislation in 1819-20 was Chapter XIII, Entitled,
"An Act authorizing the Visitors of the University of Virginia to
borrow money for finishing the buildings thereof". Passed February
24, 1820; See p. 14 of Acts, as follows:
"1. Be it enacted by the General Assembly, That the visitors
of the University of Virginia, shall be, and they are hereby authorized,
for the purpose of finishing the buildings thereof, to borrow
from any of the banks of this commonwealth, or from any other
person, body politic or corporate, any sum of money not exceeding
sixty thousand dollars, at a rate of interest not exceeding six per
centum per annum, and to pledge for the payment of the interest,
and redemption of the principal, of the money so borrowed, any
part of the annual appropriation of fifteen thousand dollars heretofore
made by law to the said university: Provided, That the
aforesaid pledge shall not extend to the commonwealth, or beyond
the aforesaid annual appropriation of fifteen thousand dollars.
2. This act shall commence and be in force from and after the
passing thereof." p. 14 of Acts of 1819-20. Also appears as
Chap. 29 of Supt. to Rev. Code 1819, p. 44.
1820-21.
The only legislation this year was Chapter IX. entitled "An Act
See p. 15 of the Acts. It follows:
"1. Be it enacted by the General Assembly, That, out of such
money as shall hereafter be received by the president and directors
of the literary fund, from the government of the United States,
or out of such other money as may be at the disposal of the said
president and directors, and not otherwise appropriated by law, there
shall be loaned by the said president and directors, to the rector and
visitors of the University of Virginia, for the purpose of completing
the buildings and making the necessary preparations for putting
the said university into operation, any sum which may be required by
the said rector and visitors, not exceeding sixty thousand dollars,
at an interest of six per centum per annum, to be paid out of the
annual appropriation heretofore made by law for the endowment of
the said university: Provided, always, That nothing herein contained
shall be so construed as to affect the appropriations made or
intended to be made, for the support of primary schools.
2. Be it further enacted, That, if there shall not be sufficient
funds, at the disposal of the said president and directors, to make
the loan hereby authorized, it shall be lawful for the said rector
and visitors to borrow, within the limit aforesaid, from any person,
body politic or corporate, for the purpose aforesaid, any sum which
they may deem expedient, at an interest not exceeding six per centum
per annum, payable out of the appropriation aforesaid, and to
pledge, for the redemption of the principal of such loan, the surplus
of the said appropriation, over and above what may be necessary
to pay the interest upon loans negotiated by them. And it shall be
lawful for any of the banks within this commonwealth to lend to
the said rector and visitors, upon the terms and conditions herein
prescribed, the whole, or any part of the money which they are
hereby authorized to borrow: Provided, That the said rector and
visitors shall not be authorized, in virtue of this act, to borrow
more than the aforesaid sum of sixty thousand dollars.
3. Be it further enacted, That the payment of the principal
sum of money heretofore loaned by the president and directors of
the literary fund, to the rector and visitors of the university, shall
be deferred, if the said rector and visitors require it, until the same
shall become payable pursuant to the provisions of this act: Pro-
of the appropriation aforesaid.
4. Be it further enacted, That the surplus of the said annual
appropriation made for the endowment of the university, over and
above what may be necessary for payment of the interest on loans
already made to them, and the loan or loans that may be negotiated
under this act, shall be, and the same are hereby pledged, for the
redemption of the principal sums loaned and to be loaned as aforesaid,
after the following manner, that is to say: first, for the redemption
of the principal sum or sums which may be borrowed of
any person, body politic or corporate, other than the president and
directors of the literary fund, in such manner as shall have been
agreed upon between the lender and the said rector and visitors;
and next, for the redemption of the principal sum borrowed and
to be borrowed of the said president and directors, in such manner
as the legislature may hereafter prescribe: Provided, That nothing
in this act contained, shall be so construed as to pledge the faith of
this state to the payment of any sum or sums of money, other than
the fifteen thousand dollars annually appropriated to the university.
5. Be it further enacted, That whenever the annual income of
the literary fund shall exceed sixty thousand dollars, the surplus
above that sum, until such surplus shall amount to twenty thousand
dollars, shall be appropriated, and the same is hereby appropriated,
to the endowment of such colleges, academies, or intermediate
schools, within this Commonwealth, as the General Assembly
may hereafter designate as fit institutions for such endowment.
6. All acts and parts of acts, coming within the purview of this
act, shall be, and the same are hereby repealed.
7. This act shall commence and be in force from and after
the passing thereof." Acts 1820-21, pp. 15 & 16. Appears as
Chap. 30, Rev. Code 1819. p. 44 Supt., Chap. 17. p. 32.
1822-23.
At this session—begun Dec. 2, 1822—we find two acts affecting
the University, viz; Chapters 10 and 11. The Chapter 10, entitled
"An Act to require all annual reports to be made to the
Legislature on the first day of the session, and for other purposes",
with a general provision as to annual reports, Sec. 2 follows: "2.
And be it further enacted, That the Rector and Visitors of the
University of Virginia, shall hereafter make their annual report,
to the president and directors of the Literary Fund, on or before
the first Monday in December in each year, to be laid before the
General Assembly at the commencement of each session.
3. Be it further enacted, That whensoever any Visitor of the
said University, shall have failed to perform the duties of his office
for twelve months, it shall be the duty of the board, at their next
meeting after the expiration of the said twelve months, to enter
such failure in the minutes of their proceedings; and, if no sufficient
cause for such failure be shown to the board, they shall cause
it to be certified to the executive, that the seat of such Visitor is
vacated, in order that the vacancy may be supplied: But, if sufficient
cause for such failure be shown to the said board, at any time
before they shall have certified the same to the executive as aforesaid,
the seat of such Visitor shall not thereby be vacated. If, however,
so many of the said Visitors shall, at any time, fail to perform
duty for one whole year, as not to leave a quorum to form a board
without them, it shall be the duty of the Rector to certify such
failure to the executive; and thereupon the seats of such Visitors
shall be vacated, and the executive shall proceed to fill the vacancies.
4. This act shall commence and be in force from the passing
thereof." Acts 1822-23, p. 12. It also appears as Chap. 14 of
Supt. to Revised Code of 1819, p. 31, and Chap. 31. p. 45.
It is noteworthy that in this act, for the first time are capital
letters prefixed to the words "Rector", "Visitors" and "University"
throughout the act.
Then follows Chapter 11, entitled "An act concerning the University
of Virginia, and for other purposes". Passed February 5th.,
1823.
"Whereas it is represented to the General Assembly, by the rector
and visitors of the University of Virginia (sic, as to capitalization),
that the sums of money heretofore appropriated for the buildings
of the said University, have been found insufficient for that
object, and that it is highly expedient, that the said buildings should
be completed, before the institution is put into operation: 1. Be
capital, now lying in the Literary Fund, there shall be loaned by
the president and directors of the said fund, to the rector and visitors
of the University of Virginia, for the purpose of completing
the buildings and making the necessary preparations, for putting
the said University into operation, any sum which may be required
by the said rector and visitors, not exceeding sixty thousand dollars,
at an interest of six per centum per annum, to be paid out of the
annual appropriation, heretofore made by law, for the endowment
of the said University.
2. Be it further enacted, That the surplus of the said annual
appropriation made for the endowment of the University, over and
above what may be necessary for the payment of the interest on
loans already made to them, and the loan or loans which may be
negotiated under this act, shall be, and the same is hereby pledged
for the redemption of the principal sums loaned, and to be loaned
as aforesaid, in such manner as the legislature may hereafter prescribe.
(Sections 3, 4, 5, 6 and 7, relating to school commissioners and
their duties, are omitted.)
8. All acts and parts of acts, coming within the purview of this
act, shall be and the same are hereby repealed.
9. This act shall commence and be in force, from and after the
passing thereof." Acts 1822-23, pp. 13, 14. Also appears as
Chap. 32, Supt. to Rev. Code 1819, p. 46.
1823-24.
Lack of funds still embarrassed the University, and payment of
interest on loans to it from the Literary Fund, and relief was sought.
Chapter 7, entitled, "An act concerning the University of Virginia",
was passed January 27th, 1824. It follows:
"Whereas it is represented to this General Assembly, by the rector
and visitors of the University of Virginia, that, were its funds
liberated from their present incumbrances, the institution might go
into operation at the close of the year eighteen hundred and twenty-four;
and it is deemed expedient to adopt the necessary measures
for effecting so desirable an object:
1. Be it therefore enacted, That the annual appropriation of
be, and the same is hereby discharged from the payment of interest
on the several loans made by virtue of the several acts following,
to-wit; one act, passed February the twenty-fourth, eighteen hundred
and twenty, entitled, "an act authorizing the visitors of the
University of Virginia to borrow money for finishing the buildings
thereof"; one other act, passed February the twenty-fourth, eighteen
hundred and twenty-one, entitled, "an act concerning the University
of Virginia"; and one other act, passed February the fifth,
1823, entitled, "an act concerning the University of Virginia, and
for other purposes"; and, also, from all liability for the redemption
of the pledge or pledges contained in all or any of the acts aforesaid:
Provided always, That nothing in this act contained, shall
be so construed as to prevent the General Assembly of this commonwealth,
at any further session thereof, from directing the funds
hereby liberated, to be again applied to the payment of the debts
created by authority of the several acts herein referred to, if, in
their discretion, such a measure shall be deemed proper.
2. Be it further enacted, That the aforesaid interest upon the
said loans shall be paid, in conformity to the terms thereof, out of
any surplus revenue, or uninvested income, belonging to the Literary
Fund: Provided always, That, if any portion of the income
of the Literary Fund, derived, or to be derived, from escheats,
confiscations, forfeitures, derelict personal property, fines, and
pecuniary penalties, shall be used by virtue of the provisions in this
act contained, and the calamities of war should at any future time
render it proper for the Legislature to withdraw from the Literary
Fund any part of the capital thereof, remaining vested therein under
the authority of the tenth section of the act passed March the
third, 1819, entitled, "an act to reduce into one act the several acts
concerning the Literary Fund", such portion of the said capital
shall be exempted from the operation of the act authorizing the
same to be withdrawn, as may be sufficient to leave in the said fund
a sum equal to the amount, with interest, arising from escheats,
confiscations, forfeitures, derelict personal property, fines, and pecuniary
penalties, which may have been used as aforesaid, by virtue
of the provisions of this act: And provided, also, That nothing in
this act contained shall be so construed as to affect the appropriation
made for the support of the primary schools.
3. This act shall commence and be in force from and after
the passage thereof." Acts 1823-4. pp. 9, 10. Also appears as
Chap. 33 of Supt. to Rev. Code 1819, p. 461.
Some of the sections of Chapter 8 also look towards providing
funds for the University, although entitled "an act for extending
the charter of the Farmers' Bank of Virginia", passed March 6th.,
1824. Sec. 1 extends said charter for fifteen years longer.
Sec. 2 provides that the said bank shall, on May 1, 1824 (in
consideration of said renewal and extension), or as soon thereafter
as application shall be made for the purpose, on behalf of the
ex officio members of the Board of Public Works, "pay into the
fund for internal improvement, the sum of fifty thousand dollars,
to be reimbursed to the bank out of the profits of their stock, other
than that now held by the Commonwealth, or by the Board of
Public Works, or by the Literary Fund.
3. The aforesaid sum of fifty thousand dollars, or such part
thereof as shall be required, shall be loaned by the president and
directors of the Board of Public Works, if the said board think it
expedient, to the rector and visitors of the University of Virginia,
(for the purposes hereinafter mentioned,) for a period not exceeding
one year: Provided, That satisfactory assurance can be
given to the Board of Public Works, that the sum so loaned can be
reimbursed to them, with lawful interest, out of the fund herein
appropriated to that purpose.
4. Be it further enacted, That the rector and visitors shall be
entitled to receive, out of the first monies which shall be paid by
the government of the United States, for the balance of the debt
due to this commonwealth, on account of advances and expenditures
during the late war, a sum not exceeding fifty thousand dollars,
and so much more as will be sufficient to pay the interest on
the loan aforesaid; and the monies so received by the rector and
visitors, out of the debt due from the government of the United
States, are hereby pledged for the re-payment of the money so to
be loaned by the Board of Public Works.
5. The money so borrowed by the rector and visitors, or, if
none be borrowed by them, the money so received from the government
of the United States, shall be applied to the purchase of
such books and apparatus for the University, as the said rector and
1819, p. 47.)
6. (Provides for office of discount and deposit at Danville, Va.,
etc.)
7. This act shall commence and be in force from and after
the time when its provisions shall have been approved by the stockholders
in the said bank, at a general meeting to be convened therefor,
on or before the first day of May next, and such approval shall
have been made, duly certified to the Executive of this Commonwealth.
At such meeting, no stockholder shall vote by proxy, unless
such proxy be appointed after the 31st. of March next." pp. 11 &
12. Acts 1823-4.
1826-7.
After two sessions of the General Assembly without legislation
affecting the University, we find Chapter 5 of acts 1826-7, passed
March 7, 1827, entitled, "an act altering the stated meetings of the
Visitors of the University, and for other purposes", at p. 9. It
follows:
"1. Be it enacted by the General Assembly, That the Visitors
of the University of Virginia be, and they are hereby authorized,
for the purpose of paying the debts of the said University (it had
attained the full dignity of capital letters again), to borrow from
the banks of this Commonwealth, or from any other person, body
politic or corporate, any sum of money not exceeding twenty-five
thousand dollars; at a rate of interest not exceeding six per centum
per annum, and to pledge for the payment of the interest, and redemption
of the principal of the money so borrowed, any part of the
annual appropriation of fifteen thousand dollars heretofore made
by law to the University, and any part of its other income which
has not been otherwise applied: Provided, That the aforesaid pledge
shall not in any manner bind the commonwealth.
2. Be it further enacted, That instead of the stated meetings
of the University on the first Mondays in April and October, as
heretofore prescribed by law, the stated meetings shall be held at
times not less than once in each year, as the Visitors shall from time
to time prescribe.
3. This act shall be in force from and after the passage thereof".
1819. p. 48.
Section 9 of Chapter 6, entitled, "an act concerning the Armory,
and for other purposes", passed March 8th, 1827, also relates to
the University. It follows:
"9. Be it further enacted, That the Executive be, and they (sic)
are hereby authorized to loan to any person who may be authorized
by the Visitors of the University of Virginia, to open a school of
military instruction at the University, a number of muskets not
exceeding one hundred: Provided, That said person shall give bond
and security for the preservation and return of the said arms, when
required by the Executive; the arms to be hereby loaned, to be of
the smallest calibre.
10. This act shall be in force from and after the passing thereof."
Acts 1826-7, p. 11. Also Chap. 36, Supt. to Rev. Code
1819. p. 48.
1827-8.
At this session there were two short acts passed affecting the
University: Chapter 17, entitled, "an act providing for furnishing
the University of Virginia with additional books and maps, and for
other purposes", was passed Jan. 15, 1828. See p. 14. It follows:
"1. Be it enacted by the General Assembly, That the Executive
of this Commonwealth be, and they are hereby authorized and required,
upon the application or order of the Rector and Visitors of
the University of Virginia, to deliver to the librarian of the said
University, to be deposited therein, for the use of the same, and to
the president and Masters, or Professors of William and Mary
College, for the use thereof, copies of Hening's Statutes at Large,
the Revised Code, Reports of the Supreme Court of Appeals, the
Sheet Acts, and Journals of the Legislature, and any other books
and maps, which now are, or may hereafter be, published under the
authority of the State.
2 & 3. (Not relating to University.)
4. This act shall be in force from the passing thereof". Acts
1827-8, p. 14. Also Chap. 37 of Supt. to Rev. Code of 1819, p.
49.
Chapter 18, entitled, "an act authorizing the Visitors of the
1828. See p. 14. It follows:
"1. Be it enacted, That the Visitors of the University of Virginia,
or a majority of them, at their future meetings, in the absence
of the Rector, may appoint a Rector pro tempore; and the
proceedings of the said Visitors and Rector so appointed, shall be
as valid in all respects, as if the Rector was present.
2. This act shall be in force from and after the passing thereof."
Acts 1827-8, p. 14.
1834-5.
After an interval of several years, we find a resolution, to-wit,
No. 10, entitled, "Preamble and resolution calling for information
from the president and directors of the literary fund, relative to the
condition of the university and the various colleges and academies
throughout the commonwealth, and for other purposes", agreed to
by both houses Feb 26, 1835. See p. 253 of Acts of 1834-5. It
follows:
"Whereas, the general assembly on the 24th. day of February,
1821, enacted, that whenever the annual income of the literary
fund should exceed sixty thousand dollars, the surplus above that
sum, until such surplus should amount to twenty thousand dollars,
should be appropriated to the endowment of such colleges, academies
and intermediate schools within this commonwealth as the general
assembly might thereafter designate, as fit institutions for such endowment;
and whereas, it appears from the report of the second
auditor, that there will accrue during the fiscal year a surplus of
more than twenty thousand dollars above the charges on the literary
fund, and that the said surplus will probably continue to increase
every year, so as to render it expedient to devise some general system
for its appropriation and distribution in fulfillment of the original
designs of this assembly, which amount (sic) cannot now be done
for the want of certain requisite information in relation to all these
institutions. Be it therefore resolved by the general assembly, That
the president and directors of the literary fund be requested to report
to the next general assembly the condition and wants of the
university, colleges and academies in this state, which have been endowed
by the present or former government, or by private munificence,
revenues, with an account of the sources of their derivation, and
the modes of their investment; also, a detailed statement of the
condition of each of those seminaries in respect to its accommodations
for teachers and pupils, the number of its professors or teachers,
with the amount of their respective salaries, the number of students
and branches of science and learning taught in it, the fees of tuition,
and the rules of its government; and further, which of those seminaries
have been incorporated by law. And in order to enable the
aforesaid president and directors to make the statement and report
herein required, they are hereby authorized and empowered to call
upon the directory of the several colleges, the trustees of the several
academies, so far as they can be ascertained, and the boards of school
commissioners of the several counties and corporate towns of the
state, to furnish such detailed statements as they may deem necessary
to enable them to accomplish the objects of this resolution."
1836-7.
Then, in the acts of 1836-37, we find Chapter 11, entitled, "an
act to provide for the payment out of the annuity of the university,
in the hands of the president and directors of the literary fund, of
a loan made by Mrs. Martha Randolph to the University under
authority of an act altering the stated meetings of the visitors of
the university, and for other purposes." Passed March 25, 1837.
It follows:
"1. Be it enacted by the general assembly, That the sum of one
thousand one hundred and eighty-six dollars and twenty cents shall
be, and the same is hereby directed to be annually set apart and reserved
by the president and directors of the literary fund, out of
the annual appropriation of fifteen thousand dollars to the University
of Virginia, from the said fund, to be applied, upon the
warrants of the second auditor, to the payment, as it becomes due,
of the annual interest on the stock issued by the rector and visitors
of the said university, under authority of "an act altering the stated
meetings of the visitors of the university, and for other purposes",
passed March 7th., 1827, for the sum of $19,770.00, in the name
of Mrs. Martha Randolph; and the said annuity is hereby pledged
for the final redemption of the said stock.
2. This act shall be in force from the passing thereof." Acts
1836-7, p. 13.
1838.
Chapter 18 is entitled, "An Act regulating and restraining the
terms upon which credits shall be allowed by merchants, tradesmen
and others to the students of the universities and colleges of the
state." Passed March 10, 1838. It follows:
"1. Be it enacted by the general assembly, That no merchant,
confectioner or other dealer, no tailor, shoemaker or other tradesman,
no tavern keeper, or keeper of any house of entertainment, no
keeper of a livery stable, hack, horse, or other means of transportation,
shall, by himself or by his agent, sell or let for hire to any
student of the University of Virginia, or of the University of
William and Mary, or of Hampden Sydney, Washington or Randolph
Macon College, or of any other college within this commonwealth,
which may hereafter be established by law, or to any other
person, except his parent or guardian for the use of such student,
any goods, wares, merchandise, clothing, meat, drink, entertainment,
hack or other carriage, horse, or other riding animal, or other thing
in the way of his trade, business or occupation, unless the thing so
sold or let shall be paid for at the time of such sale or letting, or
shall have been so sold or let in strict pursuance of authority in
writing previously given by the president, chairman or other officer
of the institution to which such student belongs, duly authorized by
its laws to give such license; nor shall any person whatever, unless
in strict pursuance of such written authority, lend to any such student,
or to any other person, except his parent or guardian, for his
use, any sum of money, or give to him, or to such other person for his
use, any letter of credit, or in any other manner authorize him to
contract any debt. And if any person shall offend herein, he shall
be without remedy at law or in equity, to recover from such student,
his parent or guardian, or other person, anything whatever on account
of the thing so sold or let to such student, or other person
for his use; and the person so offending shall moreover forfeit and
pay to the university or college to which such student may belong,
the whole value of the thing so sold or let, or the whole amount of
the money so lent, or of the debt contracted under such letter of
credit, or of other authority as aforesaid; and shall moreover forfeit
each offense; which penalties may be recovered by action of debt,
action on the case, information or indictment in any court of
Record, having jurisdiction over the county or corporation wherein
the offender may reside, or wherein the university or college suing
may be situated; Provided, however, that if any such sale, letting or
loan shall be made, or any such credit shall be given, by any agent
without the knowledge or consent of his principal, and such principal
shall within ten days after he shall be informed thereof, give
notice in writing to the president, chairman or other proper officer
of the University or College to which the student belongs, of such
sale, letting, loan, or credit, and of the true amount and date thereof,
then such principal shall not be deemed guilty of any offense
under this act, nor be subject to the penalties hereby given to such
university or college, but the offending agent alone shall be subject
to them: Provided, moreover, That if any such sale or letting for
hire shall be made with a bona fide expectation on the part of him
making it that immediate payment is to be made therefor, then
although the thing so sold or let for hire shall not have been paid
for at the time, if within ten days thereafter he shall give notice
in writing to the president, chairman, or other proper officer of the
university or college to which the student belongs, of such sale or
letting, and the time, amount and date thereof, the person making
such sale or letting shall not be deemed guilty of any offense under
this act, nor be subject to the penalties hereby given to such university
or college.
2. And be it further enacted, That any person offending as
aforesaid shall be deemed guilty of a misdemeanor, punishable according
to the course of the common law, and shall be deemed
guilty of a breach of good behavior; and any justice of the peace
within this commonwealth, who from his own observation, or from
the observation of others, shall have good cause to believe that an
offense against the law has been committed, shall have power, and
it shall be his duty to cause the supposed offender to be brought
before him, with such witnesses as may probably give evidence of
the offense; and if it shall thereupon appear that such offense has
been committed, he shall bind such offender in a recognizance
with proper sureties to appear before the next superior court of the
county or corporation having cognizance of the offense, or before
to be of good behavior; and he shall moreover bind all the
witnesses whom he may deem material, in a proper recognizance
to appear at the same court. And if any such offender shall fail
to enter into such recognizance, he shall be committed to jail, there
to remain until discharged by due course of law. The proceedings
of the justice herein, together with the recognizances taken by him,
shall forthwith be returned to the court aforesaid.
3. And be it further enacted, That if any person convicted of
an offense against this act, either at the suit of a college or university,
or at the suit of the commonwealth, shall, at the time of
such conviction, be a merchant or tavern keeper, or engaged in any
other of the trades or occupations mentioned in the first section of
this act, in pursuance of a license granted under the laws of this
commonwealth, or shall have been engaged in any such trade or
occupation, under such license at the time when the offense was
committed his license shall be held null and void from the period
of such conviction, and he shall be absolutely disqualified for one
year thereafter, from carrying on the same trade or occupation under
any other license; and such forfeiture and disqualification shall
be the legal consequence of such conviction, whether it be so expressed
in the judgment or not.
4. And be it further enacted, That this act shall be constantly
given in charge to the grand jury, by the judges of the circuit superior
courts, respectively, in those counties in which the universities
and colleges aforesaid are respectively situated.
5. All prosecutions under this act, and all actions for the
penalties hereby given, must be commenced within five years next
after the offenses respectively shall be committed, and not after.
6. This act shall commence and be in force from and after the
first day of September next." Acts of 1838, pp. 29-31.
Note. This act is given in full, as showing the strong reprobation
of the crediting of students by merchants, at that time.
1841-2.
In Chapter 27, entitled, "An Act concerning the graduates of
the schools of law in the University of Virginia and in the colleges
of the state." Passed March 10, 1842. See Acts 1841-2, p. 22.
It follows:
"1. Be it enacted by the general assembly, That hereafter any
person who shall have graduated in the school of law in the University
of Virginia, or in the school of law in any of the colleges
of the state, and who shall also have obtained a certificate as now
required by law, of honest demeanor, and that he is twenty-one
years of age, shall, upon the production of his diploma, and also of
such certificate to any of the courts of this commonwealth, be entitled
to qualify in such court or courts, as counsel or attorney, in
like manner as if he had produced to the court a license from the
judges of the circuit superior courts, as now required by law, anything
in any former law to the contrary notwithstanding.
2. This act shall be in force from the passing thereof." Acts
1841-2, p. 22.
1845-46.
Chapter 92, entitled, "An act for the more speedy trial of certain
offenses", passed Jan. 8, 1846, was aimed at the crediting of students
by merchants, and merely provided that after presentment or
indictment for an offense against the act passed Mar. 10, 1838
(quoted above at large), it should be lawful for the court in which
it was made, "to take such proceedings for the speedy trial of the
same, as are provided in cases of gaming, by the 21st. section of the
act, entitled "an act to reduce into one the several acts and parts of
acts to prevent unlawful gaming", passed Jan. 18, 1819". It was
in force from its passage. Acts 1845-6, p. 66.
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
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.
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.
1852.
In Chapter 1, entitled "an act concerning commissioners of the
revenue", under the exemption from taxation, we find: "the
grounds, buildings, books, apparatus and furniture of the University
of Virginia,"
Then, the first for some years, we find Chapter 31, entitled, "an
act authorizing the rector and visitors of the university to borrow
1852, p. 28. It follows:
"1. Be it enacted by the general assembly, That the rector and
visitors of the University of Virginia be and they are hereby authorized
for the purpose of paying the debt contracted for the building,
now in course of erection, to borrow from the banks of this commonwealth,
or from any person, or any body politic or corporate,
any sum of money not exceeding $25,000.00, at a rate of interest
not exceeding 6% per annum, and to pledge for the payment of
the interest and redemption of the principal of the money so borrowed,
any part of the annual appropriation of $15,000.00 heretofore
made by law to the University, except so far as the same
may have been pledged to any previous loan heretofore made by
said rector and visitors under authority of law; and further to
pledge any part of its other income, which has not been otherwise
applied: Provided, That the aforesaid pledge shall not in any
manner bind the commonwealth.
2. This act shall be in force from its passage", Acts 1852, p. 28.
In the same year we find the number of the visitors increased
from eight to nine, by Chapter 32, entitled "An act authorizing
the appointment of an additional visitor of the University of Virginia".
(passed Mar. 13, 1852). It follows:
"1. Be it enacted by the general assembly, That the governor of
the commonwealth be and he is hereby authorized to appoint, at
the periods fixed by the Code, an additional visitor of the University
of Virginia, so as to make the board consist of nine instead of
eight members, and that three of said visitors be selected from the
division of the state in which said University is situated, so as to
allow of the formation of the usual executive committee in its
vicinity for the transaction of business in the recess of the board.
2. This act shall be in force from its passage". Acts 1852,
p. 29.
1852-53.
The only legislation at this session affecting the University, was
the tax exemption in the Tax Bill. Chapter 7, entitled, "An Act
concerning the assessment and collection of the public revenue",
paragraphs 2 & 3, p. 9. They exempt from taxation all real estate
furniture belonging to the University of Virginia.
1853-54.
Chapter 36, entitled, "An act making an appropriation to the
University of Virginia for certain purposes". Passed Feb. 28,
1854. It follows:
"1. Be it enacted by the general assembly that the sum of
$25,000, be and the same is hereby appropriated to the University
of Virginia, for the purpose of repairing and improving the buildings
thereof and for furnishing a supply of water for the protection
and preservation of the said buildings and other valuable property
of the institution.
2. The appropriation hereby directed shall be paid out of the
treasury of the commonwealth, upon the order of the bursar of the
university, on the auditor of public accounts, and shall be applied to
the purposes named in the first section of this act, and to none
others whatsoever.
3. This act shall be in force from its passage". Acts 1853-54,
p. 26.
Then comes Chapter 43, entitled, "an act authorizing the construction
of a statue of Jefferson". Passed Feb. 21, 1854. Acts
1853-54, p. 31. It follows:
"1. Be it enacted by the general assembly of Virginia, that the
governor is hereby authorized to contract with Alexander Galt, Jr.,
a native Virginian and sculptor, for the execution in marble of a
statue of Thomas Jefferson, and that the same be placed, when
completed, at the university of the state.
2. Be it further enacted, that the sum of ten thousand dollars
is hereby appropriated for the purpose of carrying this act into effect.
3. This act shall be in force from its passage", Acts 1853-4,
p. 31.
1855-56.
Chapter 91. An Act to increase the number of State Students
at the University of Virginia. Passed March 12, 1856.
"Be it enacted by the General Assembly, that the second clause
of the sixth section of Chapter 79 of the Code of Virginia be
amended and re-enacted so as to read as follows: Paragraph 6,
Second—To the University of Virginia $15,000—subject however,
to the reservation, under laws now in force, of such portions thereof
as may be required to meet any liability incurred by the Literary
fund on account of the University, and also of such other portion
thereof as the legislature may at anytime hereafter direct to be
applied to the payment of the principal or interest of loans heretofore
made to the university from the Literary fund, or from other
sources, and for the payment of which loans the annuity of $15,000
has been or shall be pledged in pursuance of any act heretofore or
hereafter passed. But the annuity is upon condition that the said
institution, during its continuance, shall educate 50 young men,
(above the age of 17) one from each senatorial district, if there be
applicants, and if not, from the State at large, without charge for
tuition, use of the laboratories, lecture rooms, public halls or dormitories;
to be selected by the visitors and faculty, with reference to
the character and capacity of the applicants, and the inability of the
parent or pupil to furnish the means of education, upon such
testimonials as may be presented. The said young men shall each
sign an engagement to teach as private tutors, or in some school or
academy in this state for the term of two years, after leaving the
University, in consideration of the education there received".
2. This act shall be in force from the first day of July, 1856.
Acts of 1855-6, p. 79.
Chapter 92. An Act to authorize the Visitors to increase the
number of professors at the University of Virginia. Passed March
12, 1856.
"1. Be it enacted by the General Assembly, that the 6th. Section
of the 83rd. Chapter of the Code of Virginia be amended and
re-enacted so as to read as follows: Paragraph 6. The said board
shall be charged with the care and preservation of all the property
belonging to the University. They shall appoint as many professors
as they deem proper, and with the assent of two-thirds of the
whole number of the visitors, may remove any professor. They
may prescribe the duties of each professor and the course and mode
of instruction. They may appoint a bursar and proctor, and employ
of the students, and the renting of the hotels and dormitories, and
generally, in respect to the government and management of the
University, make such regulations as they may deem expedient, not
being contrary to law".
2. This act shall be in force from its passage. Acts 1855-6,
p. 80.
1857-8.
Chapter 163. An Act authorizing the rector and visitors of the
University to sell certain lands. Passed March 15, 1858.
"1. Be it enacted by the General Assembly, that the rector and
visitors of the University be, and they are hereby authorized, to sell
the lands devised to the university by the late Martin Dawson, and
to hold the proceeds subject to the uses and limitations of the devise;
or if there be none, to employ the same as they shall deem best for
the University.
2. This act shall be in force from its passage." Acts 1857-58,
p. 116.
Chapter 164. An Act authorizing the board of visitors of the
University of Virginia to condemn the springs and lands necessary
to supply the University with water. Passed April 7, 1858.
"1. Be it eacted by the General Assembly, that to enable the
rector and visitors of the University of Virginia to procure a supply
of water for the University, they shall have authority to acquire
such springs, lands and rights of way as may be necessary, according
to the provisions of Chapter 56 of the Code of Virginia.
2. This act shall be in force from its passage". Acts 1857-8,
p. 116.
1863-4.
Chapter 20. "An Act authorizing an increase of the salaries of
the professors of the University, and providing for the Education
of Persons disabled by Wounds received in the Public Service."
Passed March 4, 1864.
"1. Be it enacted by the general assembly, that in lieu of the
annuity provided for in the 4th. Section of Chapter seventy-nine
of the Code of 1860, there shall be appropriated annually, to the
the sum of $37,530, in currency receivable at the treasury in payment
of public dues.
2. Be it further enacted, that in lieu of the stated salary prescribed
in the 10th. Section of the 83rd. Chapter of the Code of
1860, and in addition to the fees of tuition to which he is now
entitled by law, each professor of the University shall receive,
out of such annual appropriation, a sum not exceeding $300.
3. Any citizen of Virginia who shall have been discharged from
the military service of the State or of the Confederate States on
account of wounds in battle, and who shall satisfy the authorities
of the University that he is a man of suitable character and capacity
(and that he is unable to pay the fees and charges) shall be entitled
to the full course of instruction at the University, without charge
for tuition, use of laboratories, lecture rooms, public halls or dormitories.
4. The 1st and 2nd. Sections of this act shall take effect from
the first day of October 1863, and shall continue in force for two
years from that period, unless the present war with the United
States terminates before that time, in which event the provisions
of these Sections shall continue in force until the end of the session
thereafter, and no longer, and the residue of the act shall be in
force from its passage. Acts 1863-4, p. 29.
1866-7.
Chapter 287. An Act appropriating the public revenue for the
fiscal year 1866-7. Passed March 2, 1867.
"To the University of Virginia $15,000, for the year 1867, to
be applied part to the payment of interest on the outstanding bonds
of the institution." Acts 1866-67. pp. 716-17.
1870-71.
Chapter 208. An Act to authorize the Rector and Board of
Visitors of the University of Virginia to issue bonds to Pay Off and
Discharge Their Floating Debt and Maturing Obligations. Approved
March 28, 1871.
"1. Be it enacted by the general assembly of Virginia, That the
rector and board of visitors of the University of Virginia, be and
which a majority of said visitors shall be present, to issue bonds in
the names of the rector and board of visitors of the University of
Virginia, for a sum not exceeding in the aggregate $30,000—,
and to sell the same, and with the proceeds of sale to pay off and
discharge a corresponding amount of the floating debt and maturing
obligations of the said University of Virginia.
2. That the bonds issued in pursuance of this act shall be made
payable within not less than five nor more than ten years from the
date thereof, and shall bear interest, payable annually, at a rate not
exceeding ten per centum per annum; and for the payment of these
bonds, not only the current revenue of the University of Virginia,
but also the property now held by the commonwealth for the purposes
of the said University of Virginia, shall be held responsible.
3. This act shall be in force from its passage. Acts 1870-71,
p. 298.
1872-3.
Chapter 77. An Act to amend and re-enact the 20th. & 21st.
Sections of Chapter 201 of the Code of Virginia, Edition of 1860,
relative to the appointment of Conservators of the Peace, for Watering
Places, for the University of Virginia, and for incorporated
Colleges. Approved Dec. 23rd. 1872.
"1. Be it enacted by the general assembly of Virginia, That the
20th. & 21st. Sections of Chapter 201 of the Code of Virginia,
Edition of 1860, be amended and re-enacted so as to read as follows:
20. The County court, or the judge of the circuit court
of any county in which any watering-place may be located, or in
which the University of Virginia, or any incorporated college may
be, may, upon the application of the owners or proprietors of such
watering-place, or of the board of visitors of the said University,
or other constituted authority of any incorporated college, appoint
some citizen of the commonwealth conservator of the peace, whose
jurisdiction shall extend over the grounds attached to such watering-place,
University or incorporated college, within such limits as
shall be prescribed in the order appointing such conservator.
21. Such conservator shall have power to prescribe such police
regulations, not inconsistent with the laws of the commonwealth,
order of such watering-place, or of such University or incorporated
college, and shall keep such regulations posted at some public place
within his jurisdiction.
2. This act shall be in force from its passage." Acts 1872-3,
pp. 8, 9.
Chapter 64. An Act to incorporate the Society of the Alumni
of the University of Virginia. Approved Feb. 6, 1873.
"Whereas on the 4th. day of July, A. D. 1872, the judge of the
Circuit Court of Albemarle County did grant a charter of incorporation
to the Society of the Alumni of the University of Virginia,
and it is desirable that the said charter should be amended and
granted by this legislature as amended: therefore:
1. Be it enacted by the general assembly of Virginia, That
A. R. Blakey, N. H. Massie, W. C. N. Randolph, Horace W.
Jones, R. T. W. Duke and Oscar Rierson, together with such other
persons as are now, or may hereafter be associated with them, and
their successors, shall be, and they are hereby, incorporated and
made a body politic and corporate, under the name and style of
the Society of Alumni of the University of Virginia.
2. The principal office of said Society is to be kept, and the
chief business to be transacted, at Charlottesville, Va.; its capital
stock to be not less than $500, and the maximum to be not more
than 20 times said sum, and to be divided into shares of $10.00
each. No stockholder is ever to receive any pecuniary benefit from
the said capital stock, nor from any dividends therefrom, but the
whole of both capital and dividends to be used in efforts to raise
an endowment fund, to be held and applied by the said Society
of Alumni of the University of Virginia for the benefit of the
said University, and neither the diminution, nor the entire exhaustion
of the capital stock of such society shall forfeit, nor in any
degree impair, the corporate rights, privileges, and powers of said
society.
3. The officers of the Society for the first year shall be; B.
Johnson, Barbour, of Orange County, Va., president; John W.
Daniel, of Lynchburg, Va., 1st. vice-president; Wm. T. Early,
of Charlottesville, Va., 2nd. vice-president; C. D. Fishburne, of
Charlottesville, Va., Secretary; N. H. Massie of Charlottesville,
Massie of Charlottesville, Va., W. C. N. Randolph of Charlottesville,
Va., Horace W. Jones of Albemarle County, Va., R. T.
W. Duke of Albemarle County, Va., W. A. Quarles of Clarksville,
Tenn., and W. R. Abbot, of Bedford County, Va.; the
last named seven of whom shall constitute an executive committee,
charged with the special duty of raising the endowment
fund, and also a fund to build a hall for the said Society,
and they are clothed with power to control and manage the
capital stock and the dividends therefrom, if any, and any other
funds belonging to the said society, and to use the same in efforts
to raise the said endowment, until the said society shall meet in
general meeting, and order otherwise.
4. This Society, by its executive committee, or in such other
way as it in general meeting shall direct, shall have power to raise
the sum of $500,000—, to be held in the name of the Society of
Alumni of the University of Virginia, to be safely invested, and
the net annual income therefrom to be applied to the benefit of the
University of Virginia. The management and investment, and
application of said funds, and the income therefrom, to be by the
said executive committee of the Society and their successors in office:
and the said Society may, in any proper way consistent with the
general policy and organization of said institution of learning, and
not inconsistent with the laws of this State, devise and carry into
execution ways and means for the advancement of the interests and
prosperity of the University of Virginia.
5. With money specially donated for the purpose it may build
a hall for the use and benefit of said Society, and let to rent such
part of said building as it may not have constant use for, and may
hold real estate not exceeding 5 acres.
6. It shall have power to receive and hold any donations, devises,
legacies, scholarships, grants, and gifts of books, manuscripts,
copyrights, works of art, real and personal estates, or anything else
of value for the endowment mentioned in the 4th. Section above,
and also for building a hall mentioned in the 5th. Section. But
every donation, devise, legacy, grant, or gift, which shall not be
given especially for the purchase or erection of the said hall, or
purchase of the said 5 acres of real estate shall be deemed to be for
the benefit of the endowment fund mentioned in the 4th. Section.
and convey any property given to it, and to publish, and have copies
made of any books, manuscripts, paintings and other works of
art that may belong to it, and to sell the same; and also by legal
proceedings to enforce the payment of bonds, bills, notes and other
written obligations, executed and delivered to it by way of endowment,
and for any other purposes and objects of the said Society,
authorized by its charter. Any real estate which it may acquire
by devise or otherwise, over and above five acres, is to be sold as
soon as it can conveniently be sold at a fair price. The property held
by or for said Society shall stand upon the same footing as that
held by or for institutions of learning incorporated by this state.
7. With the consent of the board of Visitors and faculty of
the University it shall have power to dispose of scholarships in the
University of Virginia, and to invest the proceeds thereof as other
funds received to be applied for the benefit of the said university.
8. The capital stock of the Society mentioned in Section 2nd.
shall be a fund totally distinct from the other funds mentioned in
the 4th and 5th Sections. The funds mentioned in these last named
sections shall be no part of the capital stock of the society, nor shall
any person who may give or grant any funds to the said society
by reason thereof become a stockholder.
9. At any general meeting the society may adopt any by-laws
it may think proper in regard to admitting or rejecting members,
and for any other purpose not inconsistent with the laws and constitution
of this State and the United States.
10. Each member shall have one vote in the meetings of
the society.
11. It shall have authority to appoint agents to obtain endowments
for scholarships, and professorships, to solicit donations, to
dispose of anything of any value belonging to the society, or entrusted
to its management for the purpose of endowing professorships
or scholarships, or for accomplishing any of the other objects
of the society authorized by its charter; and to pay all expenses
incident to the conduct and operation of the society.
12. The executive committee and other officers shall hold their
office until their successors are appointed. Three of the executive
committee shall constitute a quorum for business, and it shall have
the happening of such vacancy. It shall be the duty of the executive
committee annually, and oftener if required, to make a report to
the society in regard to its management of the funds under its
control and to make such suggestions and recommendations as it
may deem advisable. And the society shall have the power at
any time to remove any one or more of the executive committee,
and appoint others in their places.
13. The executive committee shall be invested with all the
powers of the society in regard to the funds belonging to and
under the control of the society, and in regard to raising said funds,
except in so far as they may be restricted by the positive laws or
orders of the society.
14. All transactions of the said society under its charter granted
by the Circuit Court of Albemarle County, and which occurred
before the date of this act, shall be as valid in all respects as if the
same had transpired after the passage of this act.
15. Any person may insure his life for its benefit, and any such
insurance shall be valid without regard to the insurable interest
which the party contracting with the insurer may have in said
society. It may receive the benefit of such insurance, or upon his
abandonment of the contract the society may take the place of such
party by paying in his stead such premiums; and may change or
modify said contract or do anything else, necessary in the premises,
which party thus in default might do under the said contract, at any
time within 60 day s after such default and notice thereof to the
executive committee of said society.
16. This act shall be in force from its passage. Acts 1872-3,
pp. 42-45.
1874-5.
An act to prohibit the Condemnation of Lands belonging to
Lunatic Asylums, the Institution for the Deaf, Dumb, and Blind,
or to any University, College or Seminary of Learning. Approved
Jan. 19, 1875.
"1. Be it enacted by the general assembly of Virginia, That it
shall not be lawful for any company incorporated for any work of
internal improvement, or for any county, city, town, or other corporation,
the proper authorities, for any purpose whatever, any lands belonging
to any lunatic asylum of the state, to the institution for the
deaf, dumb and blind, or to any incorporated university, college,
or seminary of learning: Provided said lands are attached to and
used for the purposes of said asylum, institution, university, college,
or other seminary of learning; and provided, that the consent of the
general assembly be had in any case in valuing the lands of any
institution belonging to the state.
2. This act shall be in force from its passage." Acts 1874-5,
p. 42.
Chapter 234. An Act to Consolidate the Existing Debt of the
University of Virginia. Approved March 25, 1873.
"1. Be it enacted by the general assembly of Virginia, That the
rector and board of visitors of the University of Virginia, be and
they are hereby authorized, at any meeting at which a majority of
said visitors shall be present, to issue bonds of the said corporation,
either registered or with coupons, for interest, or in part of the
one class and in part of the other, convertible from one class into
the other at the pleasure of the holder, in sums of $100—, or any
multiple thereof, to run not more than 30 years, bearing interest at
a rate not exceeding eight per centum per annum, such interest to
be payable at such place as the board of visitors shall designate.
2. The amount of the loan hereby contemplated shall not
exceed the sum of $95,000—, and the proceeds thereof shall be
applied exclusively to the redemption of the existing debt of the
University.
3. For the purpose of securing the payment of the said bonds
the rector and board of visitors of the University are hereby authorized
to convey, by deed of trust, all the real estate belonging
to, or held for the said University, and also by said deed to pledge
the annual appropriations made to the University, subject to any
previous pledge of said appropriations which has been heretofore
made. This act shall be in force from its passage." Acts 1874-5,
pp. 275-6.
1875-6.
Chapter 102. An Act to appropriate a Certain Sum annually
to the University of Virginia. Approved Feb. 26, 1876.
Be it enacted by the general assembly, That there shall be paid
annually out of the public treasury $30,000—for the support of
the University of Virginia, which shall be payable out of any money
in the treasury not otherwise appropriated; but this annuity is on
condition that the said institution during its continuance shall educate
all students of the state of Virginia over the age of eighteen who
shall be matriculated under rules and regulations prescribed by the
board of visitors, without charge for tuition in the academic department,
consisting of the following schools, to-wit: The schools
of greek, latin, history and literature, moral philosophy, modern
languages, natural philosophy, natural history and agriculture, general
and industrial chemistry, and pure mathematics: Provided, that
no person shall be admitted as a student, free of charge for tuition
fees under the provisions of this act, unless the faculty shall be
satisfied by actual examination of the applicant, or by a certificate
of some college or preparatory school, that he has made such proficiency
in the branches of study which he proposes to pursue as will
enable him to avail himself of the advantages afforded by this
university.
2. Out of the said appropriation of $30,000—all necessary
repairs, and the interest on the existing debt, shall first be paid,
and a sinking fund of $1000 per annum shall be established, and
placed under the control of the board of visitors to be annually applied
to the liquidation of the principal.
3. All acts and parts of acts making appropriations for the
University of Virginia, heretofore passed are hereby repealed.
4. This act shall be in force from its passage." Acts 1875-6,
p. 110.
Chapter 120. An Act to amend and re-enact the 10th. Section
of Chapter 80 of the Code, Edition of 1873, in relation to the
University of Virginia. Approved March 15, 1876.
"1. Be it enacted by the general assembly, That Section 10 of
Chapter 80, Code of Virginia (Edition of 1873) be amended and
re-enacted so as to read as follows: `Paragraph 10. Each professor
shall receive a stated salary, and such fees of tuition in his school
or department as the board of visitors shall from time to time prescribe.
He shall also have assigned to him by the board one of the
pavilions at the University or commutation therefore, and such
other accommodations as the said board may prescribe.'
2. This act shall be in force from its passage." Acts 1875-6,
p. 126.
1876-77.
Chapter 6. JOINT RESOLUTION returning thanks to W.
W. Corcoran, Esq., of Washington City, for his munificent gift
to the University of Virginia. Approved January 3, 1877.
"The general assembly of Virginia having learned that W. W.
Corcoran, Esquire, of Washington City, after many acts of kindness
to citizens of the state, and of liberality to her public institutions,
has recently given a large sum to her chief seat of learning;
and having observed with admiration the conduct of one who has
show the capacity to acquire wealth without injustice, to possess it
without ostentation, and to dispense it with no other object than the
benefit of his fellow-man, gratefully acknowledge his right to
fellowship with those whom the commonwealth has deemed worthy
of an enduring place in her annals, as examples to be honored, and
imitated by her people; therefore,
Resolved by the House of Delegates (the Senate concurring),
That it be entered of record on the journals of the general assembly,
that W. W. Corcoran, Esquire, of the city of Washington, has
entitled himself to the thanks of the commonwealth by his munificent
gift to the University of Virginia.
Resolved, that his excellency, the governor, be requested to transmit
to Mr. Corcoran a copy of this preamble and resolution, engrossed
on parchment." Acts 1876-7, p. 5.
Chapter 27. An Act concerning certain State bonds donated by
William W. Corcoran to the University of Virginia. Approved
January 13, 1877.
"Whereas William W. Corcoran, Esquire, of the city of Washington,
has made a donation to the University of Virginia of $50,000
in consol bonds of the state, with coupons attached thereto for
interet from first of July, 1876, payable semi-annually and receivable
for taxes and public dues; and whereas it is desired by the
authorities of the University to convert the said consols into registered
bonds of the state bearing like interest; therefore,
1. Be it enacted by the general assembly, That it shall be the
duty of the second auditor and the treasurer, on the application of
bonds in the name of the rector and visitors of the University of
Virginia, bearing interest at the rate of six per centum per annum,
payable semi-annually, from first of July, 1876. And for the
payment of such interest, the auditor of public accounts is hereby
authorized and required to place in the treasury to the credit of the
second Auditor a sufficient sum to pay such interest from time to
time as it may fall due.
2. This act shall be in force from its passage." Acts 1876-77,
p. 22.
Chapter 47. JOINT RESOLUTIONS, gratefully acknowledging
a munificent donation to the University of Virginia by an
unknown citizen of New York. Approved January 26, 1877.
"The general assembly of Virginia having been informed that
a citizen of the state of New York (who for the present declines to
permit his name to be disclosed to the public) has made a donation
to the University of Virginia, amounting to more than $60,000,
to be expended in the purchase of a cabinet of natural science, and
in the erection of a building suitable for its safe keeping and exhibition;
gratefully appreciating the generous feelings which
prompted the gift, and respecting the singular modesty which induced
the donor to withhold his name, deem it a duty which they
owe to the people of Virginia, to make in their name, some suitable
acknowledgment of this munificent donation, coming as it does in
this centennial year, which is well calculated to revive fraternal
feeling; and from a citizen of a Northern State, who is bound to
Virginia by no tie nativity or residency, it is doubly welcome,
not only as a timely contribution to the cause of science in the South,
but as a manifestation of that comprehensive sentiment of patriotism
which ignores all sectional lines, and looks to the welfare of every
part of our common country.
Resolved, therefore, by the general assembly of Virginia, That
on behalf of the people of Virginia, they accept with profound
sensibility this noble donation, so gracefully bestowed by their
unknown benefactor, and regret that by withholding his name he
has deprived them of the pleasure of placing it on record with those
of others who have strong claims on the gratitude of Virginia.
Resolved, That the thanks of the commonwealth are hereby
tendered to the generous "unknown donor", and that a copy of
by the presiding officers of the two houses of the general assembly,
and placed in the hands of the rector of the University, with the
request that he adopt such means as he may deem necessary to cause
it to be transmitted to the generous friend of the institution which
was founded under the counsel and auspices of Thomas Jefferson."
Acts 1876-7, p. 33.
Chapter 82. An Act to amend and re-enact the tenth section
of Chapter 80 of the Code, Edition of 1873, in relation to the
University of Virginia, as amended by act approved March 15,
1876. Approved Feb. 13, 1877.
"1. Be it enacted by the general assembly, That Section 10 of
Chapter 80 of the Code, Edition of 1873, in relation to the University
of Virginia, as amended by an act approved March 15, 1876,
be amended and re-enacted so as to read as follows: `Section 10.
Each professor shall receive a stated salary, and also such additional
compensation out of the fees for tuition and other revenues of the
University as the visitors may from time to time direct. He shall
also have assigned to him by the board, one of the pavilions of the
University, or other suitable residence, (or commutation therefor),
and such other accommodations as the said board may prescribe.
2. This act shall be in force from its passage." Acts 1876-7,
p. 68.
1879.
Chapter 115. An Act concerning certain state bonds donated
by William W. Corcoran to the University of Virginia for the
endowment of a professorship of natural science therein. Approved
April 2, 1879.
"Whereas William W. Corcoran, Esquire, of the City of Washington,
has made a donation to the University of Virginia for the
endowment of a professorship of natural science therein, of fifty
thousand dollars in consol bonds of the state, with coupons attached
thereto, for interest from first of July, 1878, payable semi-annually,
and receivable for taxes and public dues; and Whereas it is desired
by the authorities of the University to convert the said consols into
registered bonds of the state bearing interest from first of January,
1879; therefore,
1. Be it enacted by the general assembly, That it shall be the
duty of the second auditor and the treasurer, on the application of
the rector, to convert the said $50,000 of consols into registered
bonds in the name of the rector and visitors of the University of
Virginia, bearing interest at the rate of six per centum payable semiannually
from first of January 1879. And for the payment of
such interest, the auditor of public accounts is hereby authorized
and required to place in the treasury to the credit of the second
auditor a sufficient sum to pay such interest, from time to time, as
it may fall due.
2. This act shall be in force from its passage". Acts 1878-9,
p. 378.
1881-82.
Chapter 46. An Act providing for a New Board of Visitors for
the University of Virginia, approved April 14, 1882.
"1. Be it enacted by the general assembly of Virginia, That the
board of visitors of the University of Virginia shall consist of nine
members. The term of office of said visitors shall be for four years,
commencing the first day of May, 1882.
2. That the offices of all the visitors of the University of
Virginia be and the same are hereby declared vacant.
3. That the governor, by and with the consent of the Senate,
shall, immediately upon the passage of this act, appoint a new
board of visitors for the University of Virginia; three of whom
shall be selected from the division of the State in which the institution
is situated, and two from each of the other grand divisions
of the state. If a vacancy happen in the office of a visitor, the
senate not being in session, the governor shall fill the same for the
unexpired term.
4. The said board of visitors shall meet at the University at
least once a year, and at such times as they shall determine; the
days of meeting to be fixed by the board. Special meetings may
be called by the rector or any three members of the board. Notice
of the time of meeting shall be given by the Secretary to every
for the transaction of business.
5. Sections two and five of Chapter 80 of the Code of 1873,
and all acts or parts of acts inconsistent with this act, are hereby
repealed.
6. This act shall be in force from its passage." Acts 1881-2,
p. 370.
Chapter 194. An Act to preserve the endowments of the colleges
and other literary institutions of this state, where they are held
in the obligations of the state. Approved March 3, 1882.
"Whereas it is the duty of this state to cherish and maintain, in
all proper ways, the institutions within her borders, having for their
object the education of her people.
1. Be it enacted by the general assembly of Virginia, That the
second auditor is hereby authorized and directed to draw upon the
public treasury, in favor of the proper authorities of any incorporated
college or other institution or seminary of learning, academies or
manual labor school in this state, or the trustees who may hold
obligations of this state for any such college, or other institution
or seminary of learning, academies, or manual labor school, or any
department thereof, for all interest which has accrued, or which
may hereafter accrue, and as the same may fall due, upon all
obligations of the commonwealth, or of the James River and
Kamawha Company guaranteed by the commonwealth, held by
or for such college or other institution or seminary of learning,
academies, or manual labor school, or to which they may have been
entitled on the first day of January, 1882, so long as they may
continue to hold the same: provided no interest shall be paid upon
any bonds, the payment of which is forbidden by the constitution.
2. The provision of this act shall apply to the obligations of
the state known as the Dawson fund, held by the literary fund in
trust for educational purposes; and also to the dividends on the
stock of the old James river company, due and payable, or which
may hereafter become due and payable by the commonwealth to
such college or other institution or seminary of learning, and held
as set forth in the first section.
3. This act shall be in force from its passage." Acts 1881-2,
p. 203.
1883-4.
Chapter 13. An ACT releasing to the University of Virginia
and the Female Charity School of Fredericksburg, any claim of
the commonwealth to collateral inheritance tax on bequests in the
will of Douglas H. Gordon, deceased. Approved Jan. 18, 1884.
"Whereas, by the will of Douglas H. Gordon, which was admitted
to probate in the circuit court of Rappahannock county
on March twentieth, 1883, a bequest of $5000 was made to the
rector and visitors of the University of Virginia, to be held by them
as a principal fund, the interest therefrom to be devoted to purchasing
books for the University library; and another bequest of
$2500 was made to the trustees of the Fredericksburg Female
Charity School to be invested in some safe fund, the interest therefrom
to be expended in the maintenance and education of the objects
of the school; and it is deemed fitting by the legislature, in
view of the character of these bequests, to release to the respective
legatees whatever claim the commonwealth may have, by way of
collateral inheritance or succession tax on said legacies; therefore,
1. Be it enacted by the general assembly of Virginia, That the
executives of Douglas H. Gordon, deceased, be and they are hereby
authorized to pay to said legatees respectively, the amount of said
tax on their respective bequests aforesaid, the commonwealth hereby
releasing to them all her claim therefor.
2. This act shall be in force from its passage." Acts 1883-4,
p. 13.
Chapter 429. An ACT to amend and re-enact sections 1, 2 and
3 of Chapter 102 of Acts of Assembly, 1875-6, approved Feb.
26, 1876, in regard to the University of Virginia. Approved
March 15, 1884.
"1. Be it enacted by the general assembly of Virginia, That
sections 1, 2 and 3 of Chapter 102 of the Acts of Assembly of
1875-6, approved Feb. 26, 1876, in regard to the University of
Virginia, be amended and re-enacted so as to read as follows:
`1. There shall be paid, annually, out of the public treasury,
$40,000 for the support of the University of Virginia, which shall
be paid out of any money in the treasury not otherwise appropriated.
But this amount is on condition that the said institution shall give
instruction to all White students of the state of Virginia over the
regulations prescribed by the board of visitors, without charge for
tuition in the academic department, consisting of the following
schools, to-wit: The schools of Latin, Greek, Modern languages,
pure mathematics, moral philosophy, natural philosophy, historical
science, agriculture, zoology and botany, natural history and geology,
general and industrial chemistry and English language and literature;
provided that no person shall be admitted as a student free of
charge for tuition fees, under the provisions of this act, unless the
faculty shall be satisfied, by actual examination of the applicant,
or by a certificate from some college or preparatory school that he
has made such proficiency in the branch of study which he proposes
to pursue, as will enable him to avail himself of the advantages afforded
by the University.
"2. Out of said appropriation of $40,000 there shall be first set
apart, annually, the sum of $7220, to pay the interest accruing on
the existing interest bearing debt of the University, (amounting
to $79000) and to constitute a sinking fund for the liquidation
of the principal of the same; and the said sum of $7220 shall be
applied to no other purpose or object whatever.
"3. There is hereby appropriated from the public treasury out
of any money not otherwise appropriated, the sum of $40,000 for
the purpose of putting in complete condition the water supply,
sewerage and drainage of the University grounds and buildings;
any surplus over what is necessary for that purpose to be applied
to general repairs of the buildings.
2. It shall not be lawful hereafter for the rector and board of
visitors of the University to contract any debt whatever on account
of said University without the previously obtained consent of the
general assembly of Virginia.
3. All acts and parts of acts making appropriations for the
University of Virginia heretofore passed, inconsistent with this act,
are hereby repealed.
4. This act shall be in force from its passage. Acts 1883-4,
p. 543.
1884.
(Extra Session).
Chapter 83. An ACT to amend and re-enact section 6 of
duties of the board of Visitors to the University of Virginia, and
confirm certain proceedings of said board heretofore had for the
condemnation and purchase of land. Approved November 22, 1884.
"1. Be it enacted by the general assembly of Virginia, That
section six of Chapter 80 of the Code of 1873, be amended and
re-enacted so as to read as follows:
`6. The said board shall be charged with the care and preservation
of all the property belonging to the University. They shall
appoint as many professors as they deem proper, and with the assent
of two-thirds of the whole number of the visitors, may remove any
professor. They may prescribe the duties of each professor and
the course and mode of instruction. They may appoint a bursar
and proctor, and employ any other agents or servants, regulate the
government and discipline of the students and the renting of the
hotels and dormitories, and generally in respect to the government
and management of the University make such regulations as they
may deem expedient, not being contrary to law.
To enable the rector and visitors of the University to procure a
supply of water, and to construct and maintain a system of waterworks,
drainage and sewerage for the University, they shall have
authority to acquire such springs, lands and rights of way as may
be necessary, according to the provisions of chapter 56 of the Code
of Virginia, edition of 1873.
2. All proceedings heretofore had before any court or in any
clerk's office, and all contracts heretofore entered into for acquiring
land by condemnation or purchase, for any of the purposes mentioned
in the preceding section, are hereby confirmed and made valid.
3. This act shall be in force from its passage. Acts 1883-4,
p. 78.
1885-86.
Chapter 249. An Act to repeal on Act entitled "an act providing
for a new board of Visitors for the University of Virginia,"
approved April 14, 1882, and to amend and re-enact sections 2, 4
and 5, of Chapter 80 of the Code of 1873. Approved February 26,
1886.
"1. Be it enacted by the general assembly of Virginia, That the
act entitled "an act providing for a new board of visitors of the
University of Virginia, approved April 14th. 1882, be and the same
is hereby repealed.
2. That Sections two, four and five of Chapter 80 of the Code
of 1873, be and the same are hereby amended and re-enacted so as
to read as follows:
"2. The governor, between the first day of January, 1886, and
the first day of March 1886, shall, by and with the consent of the
senate, appoint nine persons as visitors of the said university, three
of whom shall be from the division of the state in which the
university is located, and two from each of the other grand divisions
of the state. The term of office of all such members shall commence
on the first day of May, 1886. The terms of office of four
such members (one from each grand division of the state) to be
designated by the governor at the time of their appointment shall
expire on the 28th. day of February, 1888, and the terms of office
of the other five shall expire on the 28th. day of February 1890.
The governor, during the sixty days preceding the days when the
term of office of the several members of the board expire by limitation
as aforesaid, shall, by and with the consent of the senate, appoint,
to fill the vacancies so to be occasioned, persons whose terms
of office shall in all cases be for four years from that day. And
thereafter, during the sixty days preceding the days when the term
of office of the several members of the board will expire by limitation
as aforesaid, the governor, by and with the consent of the
senate, shall appoint, to fill the vacancies so to be occasioned, persons
whose terms of office shall be for four years from the day their
immediate predecessors' terms expired. Vacancies occasioned otherwise
than by the expiration of the term of office, shall be filled
by the governor for the unexpired term, subject to the confirmation
or rejection of the senate at its next session. The members of the
board shall always be apportioned among the several grand divisions
of the state, as first herein indicated; and the members shall in all
cases hold over after the expiration of their terms of office until their
successors are appointed and qualified.
"4. The board of visitors shall meet at the university at least
once a year, and at such other times as they shall determine, the
under this act shall meet at least once between the first day of
May, 1886, and the 29th. day of June, 1886. The board, at their
first day of meeting after the first day of May, 1886, and at their
first meeting after the 28th. day of February in every fourth year
thereafter, shall appoint from their own body a rector, who shall
preside at their meetings. At the same time they shall appoint a
secretary to the board. In the obsence of the rector or secretary at
any meeting, the board may appoint a president or secretary pro
tempore, and vacancies in the office of rector or of secretary may be
filled by the board for the unexpired term. Special meetings of the
board may be called by the rector or any three members. In either of
said cases notice of the time of meeting shall be given to every member,
and five members shall constitute a quorum for the transaction
of business.
"5. At every regular annual meeting of the board, they shall
appoint an executive committee, for the transaction of business in
the recess of the board, consisting of three members, to serve for
the period of one year, or until the next regular annual meeting,
whose duty it shall be to meet at the university at least two days
before the regular annual meeting of the board, and on some day
not later than the 15th. day of October in every year.
3. The present board of visitors shall continue to act and discharge
their duties as such until the first day of May, 1886, and
thereafter until after their successors are appointed and qualified.
4. This act shall be in force from its passage." Acts 1885-6,
pp. 260.
1887.
(Extra Session)
Chapter 96. An ACT to amend and re-enact the fifth section
of the act approved February 26, 1886, entitled, "an act to repeal
an act entitled `an act providing for a new board of visitors for the
University of Virginia' approved April 4, 1882, and to amend and
re-enact Sections 2, 4 and 5 of Chapter 80 of the Code of 1873.
Approved April 28, 1887.
"1. Be it enacted by the general assembly of Virginia, That the
fifth section of the act approved February 26th, 1886, entitled "an
visitors for the University of Virginia', approved April 14th, 1882,
and to amend and re-enact sections 2, 4 and 5 of the Code of 1873,
be and the same is hereby amended and re-enacted so as to read as
follows:
`5. At every regular annual meeting of the board, they shall
appoint an executive committee for the transaction of business in
the recess of the board, not less than three nor more than five members
to serve for the period of one year, or until the next regular
annual meeting, whose duty it shall be to meet at the University
at least two days before the regular annual meeting of the board,
and on some day not later than the 15th. day of October in every
year.'
2. This act shall be in force from its passage. Acts 1887
(Extra Session) p. 132.
1887-88.
Chapter 77. An ACT requiring educational institutions receiving
state appropriations to make annual reports to the board of
education. Approved January 12, 1888.
"1. Be it enacted by the General Assembly of Virginia, That
it shall be the duty of the president or chairman of the board of
visitors or trustees of every state institution, which is educational in
its character, to cause to be made out by the superintendent, president,
principal, or other proper officer of such institution, and forwarded
to the office of the Superintendent of public instruction on or before
the first day of October of each year, a report for the year ending
the thirtieth of June preceding. Said report shall set forth the
condition and progress of said institutions; the number of professors,
assistant teachers, and other officers, and the compensation
of each; the whole number of students in attendance; the courses
of instruction, academic, professional or technical, the means and
methods of instruction; the number of students in the different
classes; the terms of tuition; the number of students admitted free
of charge for tuition; the kind and amount of all funds and endowments
yielding an income; the annual income from all sources
and the items thereof; the amount of expenditures and the items
thereof; and such other information as may be deemed necessary
Said reports shall be embodied in the annual report of the Superintendent
of public instruction to the board of Education, to be by
the president of said board laid before the General Assembly of
Virginia.
2. All acts and parts of acts requiring reports of said institutions
to be made otherwise than as specified in this act, are hereby repealed.
3. This act shall be in force from its passage." Acts 1887-8,
p. 12.
Chapter 419. An ACT to exempt the property of the international
committee of the Young Men's Christian Association, located
at the University of Virginia, from taxation. Approved
March 5, 1888.
"1. Be it enacted by the general assembly of Virginia, That all
real and personal property now owned, or hereafter acquired by the
international committee of the Young Men's Christian Association,
and located or held at or near the University of Virginia, shall be
exempt from all taxation: provided the said property is used exclusively
for the purpose of the association; and provided further
that the aggregate value therefore (sic) does not exceed the sum of
$150,000: and provided further that not more than ten acres of
land shall be exempted from taxation under this act.
2. This act shall be in force from its passage." Acts 1887-8,
p. 496.
1891-92.
Chapter 344. An ACT for the retirement of bonds held by
schools and colleges, and issuing of registered certificates therefor,
and providing for the payment of interest thereon. Approved February
23, 1892.
"Whereas, the friends of education have voluntarily contributed
many millions of dollars for the establishment of schools and colleges
in different parts of the state of Virginia, a large portion of
which has been expended in the purchase of lands and the erection
of suitable buildings thereon, and the residue held as permanent
endowment, about two millions of which are in state bonds: and
Whereas, it appears from acts passed by the general assembly in
1867, and at various other times since then, to be the settled policy
citizens, and to co-operate with the generous donors of her bonds,
by paying full interest thereon so long as they shall be held as
endowments, for educational purposes; and
Whereas, it is proper that all obligations of the State held by
schools and colleges be of the same character, and on the same
footing; therefore,
1. Be it enacted by the general assembly of Virginia, That the
schools, colleges, and other educational organizations hereinafter
named, shall, through their duly authorized officers or agents, on
or before the first day of July, 1892, surrender to the second
auditor all evidences of the state's indebtedness which they hold
as endowments for educational purposes.
2. That said auditor shall make and keep a record of all bonds
and other evidences of the state's indebtedness so surrendered to
him, and shall, in the presence of the auditor of public accounts
and treasurer, cancel all such evidences of debt, and issue to those
by whom they have been surrendered registered certificates of debt
for the respective amounts of the bonds and other evidences of debt
surrendered by them.
3. That these certificates shall be non-transferable and redeemable
at the pleasure of the state, and shall set forth that the state
of Virginia is due the respective schools, colleges, and other educational
organizations of learning to which they are issued, the sums
named therein, and that interest thereon shall be paid semi-annually
at the rates and for the amounts now paid by the commonwealth,
as set forth in the report of the second auditor for the fiscal year
ending September thirteenth, 1891, including in addition thereto
interest on the amount herein named held by the Randolph-Macon
Woman's College, at the rate set forth in the bonds it holds, so
long as they are held as endowments for educational purposes.
4. That the second auditor shall, on the first day of January
and July of each year draw his warrant upon the auditor of public
accounts in favor of the following holders of the said certificates
for the respective amounts due them at the aforesaid rate of interest
upon the following sums, to-wit:
University of Virginia, upon the sum of one hundred and forty-eight
thousand and six hundred dollars.
The Dawson fund, thirty-four thousand one hundred and eighty-seven
dollars and sixty-one cents.
5. This act shall be in force from its passage." Acts 1891-2,
p. 573.
Chapter 46. An ACT to authorize the rector and board of
visitors of the University of Virginia to commute the legacy to said
University under the will of Arthur W. Austin. Approved January
11, 1892.
"1. Be it enacted by the general assembly of Virginia, That the
rector and board of visitors of the University of Virginia may, by
arbitration, suit or otherwise, settle, adjust or commute into money,
upon such terms as they may think best, the legacy left to said
University by the will of Arthur W. Austin.
2. This act shall be in force from its passage." Acts 1891-2,
p. 76.
Chapter 159. An ACT to grant to George B. Marshall and his
successors and assigns a right of way through the property of the
University of Virginia for certain purposes. Approved February 4,
1892.
"1. Be it enacted by the general assembly of Virginia, That
George B. Marshall be, and he is hereby, granted a right of way
through the lands of the University of Virginia from a point where
the land of said Marshalls joins those of the University along the
road now in use around the Observatory mountain to where it
enters the road leading from the Observatory to the University,
which right of way shall operate as a continuous easement for the
purpose of ingress and egress for ordinary farm purposes to the
farm of about 197 acres, lying west of said Observatory mountain,
and owned by said Marshall, while said farm is in possession of
said Marshall or of any subsequent owner of the same; provided,
however, that it shall be the duty of said Marshall or the subsequent
owner or owners of said farm of 197 acres, to keep the said road in
good order and to use the same only for ordinary farm purposes,
and upon the failure of any owner of said farm to keep the said road
in good order, or upon its use other than ordinary farm purposes,
the board of visitors of the University of Virginia may give written
notice to said owner to cause said road to be properly repaired, or
to cease the use of the same for other purposes than those herein
these respects thirty days after such written notice is given him, the
said board of visitors shall have the power, if it so elect, to close
said road.
2. This act shall be in force from its passage." Acts 1891-2,
p. 248.
1893-4.
Chapter 588. An ACT to provide for the establishment and
maintenance of state summer normal schools and to make an appropriation
therefor. Approved March 3, 1894.
"1. Be it enacted by the general assembly of Virginia, That the
sum of $2500 is hereby annually appropriated, payable out of any
amount appropriated out of the general fund of the State for public
free school purposes, for the establishment and maintenance of state
summer and normal schools, for the better equipment of the teachers
in the public schools of this state.
2. The purpose of said normal schools shall be to familiarize
the teachers in the public schools of this state with more advanced
methods of teaching and to furnish such additional academic training
as will tend to promote the usefulness of the public schools.
3. The said summer normal schools shall be conducted under
the general management of the board of education, and shall be
subject to the supervision of the Superintendent of public instruction,
who shall from time to time select the places of holding said normal
schools, the instructors therefor and regulate the course of instruction
to be pursued therein.
4. The said normal schools shall be held for a period of not
less than four weeks in each year, beginning on such day or days in
the summer vacation of the public schools as may be designated by
the Superintendent of public instruction. The sum hereby appropriated
shall be applied exclusively to the payment of instructors
and to other necessary expenses incident to the conduct of said
schools; provided, that all claims for services of instructors and
other necessary expenses shall be submitted to and approved by the
board of education, and when so approved shall be paid by warrants
of said board, drawn on the second auditor, and a separate account
of the receipts and disbursements on account of the appropriation
1894, and each succeeding year, the auditor of public accounts shall
turn over to the second auditor the sum of $2500 for deposit to the
credit of the board of education, the said sum to be expended by said
board in carrying out the purposes of this act as hereinbefore set
forth.
7. This act shall be in force from its passage." Acts 1893-4,
p. 655.
1895-96.
Chapter 136. An Act to enable the rector and visitors of the
University of Virginia to repair the loss sustained by that institution
by the fire of October 27, 1895. Approved January 23, 1896.
"Whereas the principal buildings of the University of Virginia
were nearly destroyed, and many thousand volumes of its library,
together with much valuable furniture, apparatus, and other of its
property totally destroyed, by the fire of October 27th, 1895; now,
therefore, for the purpose of restoring the university to its original
efficiency by repairing the old buildings or erecting new, and by
providing necessary books, apparatus, and furniture:
1. Be it enacted by the general assembly of Virginia, That the
rector and visitors of the University of Virginia be, and they are
hereby, authorized at any meeting at which a majority of said
visitors shall be present, to borrow money, and to issue bonds therefor,
to an amount not exceeding $200,000, either registered or with
coupons for interest, or in part of one class and in part of the other,
and convertible from one class into the other at the pleasure of the
holder, in sums of one hundred dollars, or any multiple thereof,
bearing date on some day in the year 1896, payable forty years
after date, with interest from date at a rate not exceeding six per
centum per annum; but containing on their face the reservation of
right to the said rector and visitors to pay the whole or any part of
said bonds at any time after ten years from their date.
2. The bonds authorized hereby to be issued shall be exempt
from taxation in any manner by the state of Virginia, or by any
county, city, town, or other corporation exercising powers of taxation
under the authority of this commonwealth.
3. For the purpose of securing payment of said bonds, the said
rector and visitors are hereby authorized to convey by deed of
subject to any previous pledge thereof which heretofore has been
made.
4. The sum of $10,000 per annum, in addition to the $40,000
provided for by section fifteen hundred and fifty-four of the code
of Virginia, shall be paid to the rector and visitors of the University
of Virginia, in equal semi-annual installments, at such times as they
may fix. The said sum of $10,000 per annum shall be used by the
said rector and visitors for the sole purpose, and no other, of paying
the interest as it shall accrue on the bonds authorized by this act to
be issued, and of providing a sinking fund for the payment of the
principal thereof.
5. This act shall be in force from its passage." Acts 1895-6,
p. 159.
Chapter 414. An ACT to allow the joint library committee
and the general librarian of the commonwealth to permit the transfer
of duplicate volumes in the State library to the library of the
University of Virginia. Approved February 24, 1896.
"Whereas, there are a number of duplicate volumes in the state
library, a single set of which will meet all the demands for the
same; and whereas application has been made by the rector and
visitors of the University of Virginia that such duplicate volumes
as can be spared from the state library, without detriment to the
same, may be transferred to the library of the University of Virginia,
remaining the property of the commonwealth;
1. Be it enacted by the general assembly of Virginia, That such
volumes as are duplicate in the state library, and in the judgment
of the joint committee on the library and the general librarian, may
be spared therefrom without detriment to said library, be delivered
to the rector and visitors of the University of Virginia, at their cost
and charges, for the transfer, for deposit in the library of the
University, to be and continue, however, the property of the commonwealth,
and subject to recall by the library committee of the
legislature at any future time.
2. This act shall be in force from its passage." Acts 1895-6,
p. 444.
1897-98.
Chapter 872. An ACT to amend and re-enact section 1551 of
the code of Virginia in relation to professors' salaries, fees and
"Be it enacted by the general assembly of Virginia, That section
houses at the University of Virginia. Approved March 3, 1898.
1551 of the code of Virginia be amended and re-enacted so as to
read as follows:
`1551. Professors' salaries, fees and houses—Each professor
shall receive a stated salary and may also receive such additional
compensation out of the fees for tuition and other revenues of
the University as the visitors may from time to time direct.
2. This act shall be in force from its passage." Acts 1897-8,
p. 923.
1902-3-4.
(Extra Session)
Chapter 80. An ACT to incorporate the General Alumni Association
of the University of Virginia, with authority to issue certificates
of membership to local associations and individuals composing
said General Alumni Association. Approved March 7,
1903. "Whereas, after thirty years experience it has been found
impracticable to maintain the Society of Alumni of the University
of Virginia, under the terms of the Charter enacted by the general
assembly of this State February 6th, 1873, because said society was
founded on the basis of individual membership only; and Whereas,
after much consideration and discussion at the annual meetings of
the Society of Alumni, it was resolved to organize a General Alumni
Association of the University of Virginia, to be composed of local
associations throughout the United States, including the State of
Virginia, and also of individual alumni from points where no
local associations exist; and, Whereas, the organization of such an
association was fully consummated at the meeting of the General
Alumni Association at the June 17th, 1902, commencement of the
University of Virginia by its merger of the Society of Alumni,
with its consent, into said General Alumni Association, and fully
put into operation by the adoption of a constitution and by the
election of officers to serve for two years from the said 17th. of
June, 1902; Therefore,
Be it enacted by the general assembly of Virginia, That from and
after the passage of this act, there shall be legally organized,
1. An incorporation, to be known as the General Alumni Association
of the University of Virginia, as a necessary auxiliary to
the progress and success of that institution, and to be subject at all
times to the control of the board of visitors of the University of
Virginia, with the following named persons as incorporators, to-wit,
the same being named and designated as its first officers, having
been chosen for their respective positions by the General Alumni
Association June 17th, 1902, viz: James B. Sener, of Washington,
District of Columbia, president; George W. Morris, of Charlottesville,
Virginia, first vice-president; R. Gordon Wilson of Baltimore,
Maryland, second vice-president; and the following executive committee,
to-wit: R. T. W. Duke, Junior, of Charlottesville; Richard
R. Tunstall, of Norfolk; James P. Harrison of Danville; L. T.
Hanckel, of Charlottesville; Armistead C. Gordon and Edward
Echols, of Staunton, and Dr. H. D. Bruns, of New Orleans,
Louisiana; John S. Patton, of Charlottesville, secretary; and
Raleigh C. Minor, of the University of Virginia, treasurer. Those
named herein, except the two vice-presidents, to constitute the
executive committee of said association. The successors in office
of all before mentioned officials to be chosen at the annual meeting
of the General Alumni Association, to be held at the University of
Virginia during the June commencement, 1904. This association,
through its executive committee, is charged with the special duty of
using its best endeavors to promote the welfare of the General
Alumni Association, and to use its active efforts in cooperation with
the board of visitors and faculty of the university to promote the
success and prosperity of the university.
2. The principal office of said association and the chief business
is to be at the University of Virginia. All the funds which the
association may acquire shall be used, after paying its running expenses,
for the use and benefit of this association and of the University
of Virginia. It is intended that the General Alumni Association,
which is to be made up and composed of local associations
and of individual members throughout the country where no such
associations exist shall take the place of the Society of Alumni as
incorporated February 6th, 1873, and succeed to all the rights,
privileges, and property, real, personal and mixed, of the Society
of Alumni of the University, which is hereby dissolved, the General
Alumni Association being the legal successor of said Society
6th, 1873; it being further intended that this association by this
succession shall have and enjoy all the powers of the Society of
Alumni which it possessed at the time of its merger into this
association, this association having in view the general purposes and
objects of the society of Alumni as set out in its charter of February
6th, 1873, save as herein modified.
3. This association shall have authority to grant certificates of
membership not only to the local alumni associations now composing
it, but to such new ones as may be hereafter formed, and also to
individuals as contemplated in this act, such certificates to bear the
signatures of the president and secretary of the General Alumni
Association and the seal of the association, which is given power
to adopt a suitable one, and to require that all such local alumni
associations, whether now or hereafter formed, shall pay into the
treasury of the General Association annually a reasonable tax per
capita on the alumni forming such associations, which in no instance
shall exceed one dollar per capita per annum; and before any
individual member shall become a member of the General Alumni
Association he shall pay to the said association the sum of one dollar,
and be required to pay the annual per capita tax levied upon the
local associations, and shall remain an individual member only so
long as there shall exist at the place of his residence, or within
convenient distance near thereto, no local association to which he
can attach himself; and whilst so a member of the General Association
such individual member shall be entitled to a voice in the
meetings of the General Assoociation and to hold office in the
Association and to such fraction of one vote as the constitution of
said General Alumni Association shall permit.
4. This association is authorized, subject to the control of the
board of visitors as to location, to build a hall on the grounds of the
university for the use and benefit of the association, it being intended
that whatever funds have already been raised by the Society
of Alumni, as heretofore constituted, for the purpose of building
such hall, shall pass to and belong to this association, and be used
strictly for that purpose and none other. And the executive committee
is to make all contracts for the building of said hall whenever
there shall be sufficient funds in hand to do so.
5. The meetings of the General Alumni Association shall be
made up of delegates from local alumni associations, to be chosen
at the annual meetings of such local associations, and of individual
members as hereinbefore provided; but if for any cause it should
become impracticable for any local association to hold an annual
meeting, then the delegates from each and every such local alumni
association may be appointed by the executive committee thereof.
The number of such delegates from each local association shall be
on such basis of representation as the General Alumni Association
shall prescribe.
6. The General Alumni Association shall meet at least once
a year at the University of Virginia for the transaction of its
business. The time and place of its meetings, which shall be during
the university commencement of each year, shall be fixed by the
executive committee, and in the event of its failure to do so, by
the president of the General Association. The association may also
be called together in an emergency by the president of the association
or by five local associations acting through their presidents.
Any such called meeting shall be held at the University of Virginia,
but only after ten days notice thereof printed in one or more of the
Charlottesville papers. At least ten days notice shall be given in
like manner of the time and place of the annual meeting of the
association. The Alumni Association shall hold an annual celebration
on Tuesday during commencement week in the public hall of
the university, and this day shall be known as alumni day. The
executive committee of said Alumni Association shall have full
charge and control of the exercises of that day in the public hall
and elsewhere, subject only to the superior authority of the board
of visitors.
7. The General Association, by its executive committee, as in
general meeting it may direct, shall have power to raise an endowment
fund for the use and benefit of the university, to be held by
the treasurer of the State, in Virginia registered century bonds, and
all funds belonging to said association in excess of one thousand
dollars, and all those donated for the purpose of building a public
hall, shall be similarly invested, and only disposed of as they may
be needed for the purposes of the association or of the university.
The management and application of all the funds of the association
and the income therefrom are to be under the control of the
subject, however, to any instruction and direction of the General
Alumni Association in annual meeting, which instruction or direction
in every instance shall be given upon a registered aye and nay
vote of the association, cast according to their respective numerical
strength. The treasurer of the State shall honor all requisitions on
the funds in his hands or under his control belonging to said General
Alumni Association, when signed by the treasurer of said association,
countersigned by the president or acting president thereof, and attested
by the secretary thereof, with the seal of the association
thereto attached. The General Association may, in any proper
way consistent with its general policy and the laws of the university,
and not inconsistent with the laws of the State, plan and carry
into effect ways and means for the advancement of the interests and
prosperity of the University of Virginia.
8. The association shall have power to receive and hold property,
real and personal, donations, passing by grant, conveyance,
devise, and bequest under the general powers of endowment granted
in the seventh section of this act, and also for the building of an
alumni hall, as mentioned in the fourth section. The association
may sue and be sued. Any real estate which the association may
acquire by gift, devise, or otherwise in excess of five acres may be
sold as soon as it can conveniently be sold at a fair price. The
property held by this association shall, as to taxation thereof, stand
in all respect upon the same footing as the property belonging to
the University of Virginia.
9. The association may from time to time adopt any constitution
and by-laws and any regulations it may think proper in regard
to admitting or rejecting members of the General Association or
of the local associations, and for any other purposes not inconsistent
with the laws and constitution of this state or the United States, or
the constitution of this association, and it shall also have authority
to employ agents to obtain endowments for scholarships and professorships,
and in any other proper manner to solicit donations for
the proper objects in connection with the university, and to pay all
expenses incident to the conduct and management of the association,
or of the executive committee.
10. The executive committee and other officers of the association
shall hold their offices until their successors are chosen, and if
for the election of such officers to choose their successors,
then those in office shall hold on until an election can be legally
held. Five of the executive committee shall constitute a quorum for
business and the executive committee shall have power to fill
vacancies in its own body, to hold until the next election after the
happening of such vacancies. It shall be the duty of the executive
committee, through the president of the association, to make an
annual report to the association in regard to the condition and progress
of the association and the formation of new alumni local
associations, and this report shall also contain statements by the
secretary and treasurer as to the number and condition of the local
associations, and this report shall also contain statements by the
secretary and treasurer as to the number and condition of the local
associations and the financial condition of the General Association.
11. This act shall take effect from and after its passage."
Acts 1902-3-4, Extra Session, p. 73.
Chapter 135. An ACT to amend and re-enact Sections 1546
and 1551 of the Code of Virginia in relation to the duties of the
board of visitors of the University of Virginia, the salaries of
professors, etc. Approved April 7, 1903.
"Be it enacted by the general assembly of Virginia, That sections
1546 and 1551 of the Code of Virginia, 1887, be amended and
re-enacted to read as follows:
`1546. Duties of board: water supply; appointment and removal
of president and professors; appointment of bursar and proctor—
The said board shall be charged with the care and preservation of
all property belonging to the university. They shall appoint a
president, with such duties as may be prescribed by said board, and
they shall appoint as many professors as they deem proper, and,
with the consent of two-thirds of the whole number of the visitors,
may remove such president or any professor. They may prescribe
the duties of each professor, and the course and mode of instruction.
They may appoint a bursar and proctor, employ any other agents
or servants, regulate the government and discipline of the students,
and the renting of the hotels and dormitories, and, generally, in
respect to the government and management of the university, make
such regulations as they may deem expedient, not being contrary to
president, proctor or professor, give notice thereof for at least thirty
days by an advertisement published for four successive weeks in
some daily newspaper of general circulation published in the city
of Richmond, Virginia, of the time when, and the the place where
such appointment will be made. To enable the proctor and visitors
of the university to procure a supply of water, and to construct and
maintain a system of water-works, drainage, and sewerage for the
university, they shall have power and authority to acquire such
springs, lands, and rights of way as may be necessary, according to
the provisions of Chapter 46 of the Code of Virginia.
1551. Salary of president and professors; salaries and fees—
The President shall receive a stated salary, and each of the professors
shall receive a stated salary, and may also receive such additional
compensation out of the fees for tuition and other revenues
of the university as the visitors may from time to time direct."
2. This act shall be in force from its passage. Acts 1902-3-4,
Extra Session, p. 116.
Chapter 506. An ACT to provide for the additional wards to
the University of Virginia Hospital. Approved December 31, 1903.
"Whereas, in the original design for the building which forms
the nucleus of the University of Virginia hospital it was deemed
essential that there should be offices and accommodations for internes,
nurses, kitchen, laundry, operating room with ample amphitheatre;
and,
Whereas, the present demands upon said hospital require the use
of said apartments for the patients treated therein, to the great
inconvenience and detriment of said hospital; and,
Whereas, in the original design it was contemplated that there
should be erected six wards, none of which have been built because
of lack of funds; and,
Whereas, it is imperative that there should be provided at once
two wards for said hospital, connecting with the main building by
an arcade or corrider, each ward to be of sufficient size to accommodate
at least twenty patients; and,
Whereas, the estimated cost of constructing said addition and
wards is $31,000; therefore,
1. Be it enacted by the general assembly of Virginia, That there
be appropriated out of any funds in the State treasury not otherwise
additional buildings and wards as aforesaid for said hospital; and
the auditor of public accounts is hereby authorized and directed to
draw his warrant upon the treasurer of the State for said sum upon
the requisition of the rector and board of visitors of the University
of Virginia.
2. This act shall be in force from its passage." Acts 1902-3-4,
Extra Session, p. 796.
Chapter 600. An ACT to authorize the University of Virginia
to send property to St. Louis for exhibition purposes. Approved
January 12, 1904.
"1. Be it enacted by the general assembly of Virginia, That the
rector and visitors of the University of Virginia are hereby authorized
and empowered to send such statues, paintings, and other personal
property of the said university to the Louisiana purchase exposition,
to be held in the city of Saint Louis, Missouri, in the year
1904, as they may deem proper for exhibition purposes.
2. This act shall be in force from its passage." Acts 1902-3-4,
Extra Session, p. 949.
1906.
Chapter 129. An ACT to make further appropriations of the
public revenues for the two fiscal years ending February 28, 1907,
and February 29, 1908, for the following purposes, to-wit,
buildings and improvements at the University of Virginia, * * ,
and for other purposes. Approved March 10, 1906.
"1. Be it enacted by the general assembly of Virginia, That the
following named sums of money be, and the same are hereby appropriated
out of any moneys in the treasury, not otherwise appropriated,
for the following purposes and subject to the following
restrictions and conditions, to-wit:
5. $85,000.00 to the University of Virginia for buildings and
improvement; provided, that not more than $40,000 shall be paid
out of the treasury during the fiscal year ending March first, 1907."
Acts 1906. p. 209.
Chapter 146. An ACT to authorize the rector and visitors of
the University of Virginia to issue new bonds, secured by deed of
secured in like manner. Approved March 10, 1906.
"Whereas, under and by virtue of an act of the general assembly
of Virginia, entitled `an act to enable the rector and visitors of the
University of Virginia to repair the loss sustained by that institution
in the fire of October 27th, 1895', approved January 23rd, 1896,
and said rector and visitors issued bonds for the purposes named in
said act to the amount of $200,000.00, which matured in forty
years and were non-taxable and bore interest at the rate of five
per centum per annum, and were secured by a deed of trust upon the
property, real and personal, of said university, executed to the Virginia
trust company as trustee, and bearing date on the first of May,
1896, which deed of trust was duly recorded in the clerk's office
of the county court of Albemarle county; and Whereas, by the
terms of said act the sum of $10,000 per annum was appropriated
to meet the interest of said bonds and provide a sinking fund for
the payment of the principal thereof, which said sum is inadequate
for both of these purposes, but would be sufficient if said bonds
carried a lower rate of interest; and
Whereas according to the terms of the said bonds and deed of
trust, the said rector and visitors have the right to call in and pay
off the same after ten years from the date thereof, and it is deemed
advisable to give the said rector and visitors authority to negotiate
a new loan in place thereof, bearing a lower rate of interest and
secured by a new deed of trust, but without interfering with the
purpose of the general assembly as declared in said act of appropriating
the annual amount aforesaid on account of the interest
and sinking fund; therefore,
1. Be it enacted by the general assembly of Virginia, That the
rector and visitors of the University of Virginia be, and they are
hereby authorized at any meeting at which a majority of said visitors
shall be present, to issue and authorize the issue of bonds to an
amount not exceeding $200,000, either registered or with coupons
for interest, or in part of one class and in part of the other, and
convertible from one class into the other at the pleasure of the
holder, in sums of $100 each, or any multiple thereof, and bearing
interest at the rate of four per centum per annum, which said bonds,
or their proceeds, shall be used to retire the bonds of the university,
now outstanding under the act aforesaid, and may be exchanged,
at not less than par value and the proceeds used in paying off said
bonds now outstanding.
2. For the purpose of securing payment of the said bonds, the
said rector and visitors are hereby authorized to convey, by deed of
trust, any or all the property belonging to or held by the said university,
and the said bonds shall be payable, as specified in the said
act of January 23rd, 1896, and shall be subject to all the immunities
and exemptions specified in said act with respect to the
bonds issued thereunder.
3. In case, however, the holders of the said bonds now outstanding
are willing to accept interest at the rate of four per centum
per annum thereon, the said rector and visitors may, in their discretion;
cause such bonds, with the coupons annexed, to be so
stamped or marked as to show that they bear interest at the rate
of four instead of five per centum per annum, in which case no
new bonds will be issued." Acts 1906, p. 229.
Chapter 307. An ACT to make the superintendent of public
instruction ex-officio a member of the board of visitors of the University
of Virginia. Approved March 17, 1906.
"1. Be it enacted by the general assembly of Virginia, That the
superintendent of public instruction for the State shall be ex-officio
a member of the board of visitors of the University of Virginia.
He shall constitute a member of such board in addition to the nine
other members thereof, which the governor of Virginia is authorized
to appoint by and with the advice of the senate in pursuance
of section 1542 of the Code of Virginia, so as to make the number
of members of the said board ten in place of nine; and he shall have
all powers, duties, and responsibilities that are invested in and imposed
upon the other members of the board by the said Code of
Virginia." Acts 1906, p. 539.
1908.
Chapter 29. An ACT to authorize and empower incorporated
educational institutions to sell and convey real estate in excess of
1000 acres under certain conditions. Approved February 8, 1908.
"1. Be it enacted by the general assembly of Virginia, That in
all cases where an incorporated educational institution, or its board
acres of land in one tract or in several adjoining and continuous
tracts, outside of a city or incorporated town, such board of trustees
or directors may, notwithstanding any provision in its Charter, or in
the deed, will or other muniment of title under which said real estate
is held, by a majority vote of all the members of such board, sell
and convey all of such real estate in excess of 1000 acres, the
portion to be sold to embrace both land and buildings as may be
determined by such board.
As the inability to sell a portion of their property is hampering
the development of some of the educational institutions of this State,
and in view of the emergency existing by reason thereof, this act
shall be in force from its passage." Acts 1908, p. 35.
Chapter 256. An ACT to amend and re-enact section 1541 of
the Code of Virginia. Approved March 13, 1908.
"1. Be it enacted by the general assembly of Virginia, That
section 1541 of the Code of Virginia be amended and re-enacted
so as to read as follows:
"1541. The University of Virginia shall be continued, and the
visitors thereof shall be and remain a corporation, under the style of
"the Rector & Visitors of the University of Virginia"; and shall
have, in addition to its other powers, all the corporate powers given
to corporations by the provisions of Chapter five of an act entitled
"an act concerning corporations", which became a law on May
21st. 1903, except in those cases, where, by the express terms of the
provisions thereof, it is confined to corporations created under the
said act; and shall also have the power to accept, execute and administer
any trust in which it may have an interest under the terms
of the instrument creating the trust. The rector and visitors of
the University of Virginia shall be at all times subject to the control
of the general assembly.
1. An emergency is declared to exist on account of a doubt as
to the corporate powers of the University of Virginia. This act
shall be in force from its passage." Acts 1908, p. 379.
Chapter 257. An ACT to amend and re-enact section 1556 of
the Code of Virginia. Approved March 13, 1908.
"1. Be it enacted by the general assembly of Virginia, That section
1556 of the Code of Virginia be amended and re-enacted so
as to read as follows:
`1556. It shall not be lawful for the rector and visitors of the
University of Virginia to issue its obligations, to be secured by deed
of trust on its real estate, without the consent of the general assembly
previously obtained.
2. A doubt as to the power of the University having arisen an
emergency is declared to exist in order to remove doubt. This act
shall be in force from its passage." Acts 1908, p. 380.
Chapter 260. An ACT to require all Eleemosynary institutions,
hospitals, colleges, universities, prisons and reformatories to report
monthly to the auditor of public accounts in detail the manner in
which all funds received by said institutions from the commonwealth
are disbursed. Approved March 13, 1908.
"1. Be it enacted by the general assembly of Virginia, That all
boards of visitors or directors of eleemosynary institutions, hospitals,
colleges, universities, prisons and reformatories shall report monthly
to the auditor of public accounts in detail the manner in which all
funds received from the commonwealth are disbursed.
All managing boards of the above institutions shall see that this
act is enforced. Any officer or employee in these institutions who
interfere in any manner with carrying out the intention of this act
shall be deemed guilty of a malfeasance, and, upon conviction, shall
be removed.
2. All acts or parts of acts inconsistent with this act are hereby
repealed.
3. There being no accounting with the auditor under the present
system of finances of the State with the above institutions, an
emergency is declared to exist, and this act shall be in force from
its passage." Acts 1908, p. 381.
Chapter 272. An ACT to provide for a commission to devise
a stable method for the maintenance, management, and expansion of
the educational institutions of the State. Approved March 13, 1908.
"1. Whereas the demands made by the higher educational institutions
for money at each meeting of the general assembly should
be met by some systematic method based on the natural growth and
needs of each institution, rather than on the amount of surplus in
the State treasury that may be available, and
Whereas, the present tendencies of these institutions appear to be
towards educational duplication and consequently financial waste,
therefore,
1. Be it enacted by the general assembly of Virginia, that a
commission consisting of seven persons be appointed by the governor,
four of whom shall be experienced educators, whose duty it shall
be, after investigation, to devise stable and systematic method for
the maintenance, management, and expansion of these institutions,
according to the needs of each of them, and with reference to a
definite and harmonious educational system.
2. Said commission shall make report to the general assembly
at its next session.
3. The members of the commission shall be re-imbursed for
their actual expenses incurred in the discharge of their duties, but
shall receive no compensation for their services.
4. The sum of $500, or so much thereof as may be necessary,
is hereby appropriated, payable out of any money in the treasury
not otherwise appropriated, to carry out the objects of this act,
which shall be payable on the order of the governor." Acts 1908,
p. 390.
1910.
Chapter 19. An ACT of the general assembly of Virginia that
the University of Virginia do accept and be embraced within the
benefits of the Carnegie Foundation for the advancement of teaching.
Approved February 12th, 1910.
Be it resolved by the senate of Virginia (the house of delegates
concurring):
"1. Whereas, the rector and visitors of the University of Virginia,
at a meeting held at the University of Virginia, on Monday,
June 15th, 1908, adopted the resolution following and the said action
was approved by the governor of the commonwealth as herein
set out, to-wit:
Virginia appreciates the high purpose of Mr. Andrew Carnegie
in establishing the Carnegie Foundation for the advancement of
teaching. They perceive clearly its far-reaching and benevolent
results in advancing the dignity of the teacher's office, in protecting
the old age of unselfish public servants, and in increasing the efficiency
and promoting the elevation of the standards of American
colleges and universities. They, therefore, desire that the University
of Virginia shall participate in the benefits of the foundation, and
into all rights and privileges of the Carnegie Foundation for
the advancement of teaching. Approved September the 5th, 1908,
Claude A. Swanson, governor of Virginia.
2. That the general assembly of Virginia approve the action of
the rector of the University of Virginia and the governor of the
commonwealth, as set out in Section one, and the general assembly
of Virginia does consent that the University of Virginia accept the
benefits of the Carnegie Foundation for the advancement of teaching."
Acts 1910, p. 23.
Chapter 221. An ACT to provide for the continuance of the
commission to devise a stable method for the maintenance, management,
and expansion of the educational institutions of the State.
Approved March 15, 1910.
"Whereas, the demands made by the higher educational institutions
for money at each meeting of the general assembly should be
met by some systematic method used on the natural growth and
need of each institution, rather than on the amount of surplus in
the State treasury that may be available; and
Whereas, the present tendencies of these institutions appear to be
towards educational duplications and subsequent financial waste;
therefore,
1. Be it enacted by the general assembly of Virginia, that the
commission consisting of seven persons appointed by the governor,
four of whom are and shall be experienced educators, whose duty it
shall be, after investigation, to devise a stable and systematic method
for the maintenance, management and expansion of these institutions,
according to the needs of each of them, and with reference to a
definite and harmonious educational system, be, and the same is
hereby continued.
2. Said commission shall make report to the general assembly
at the next session.
3. The members of the commission shall be re-imbursed for
their actual expenses incurred in the discharge of their duties, but
shall receive no compensation for their services.
4. The sum of $500, or so much thereof as may be necessary,
is hereby appropriated, payable out of any money in the treasury
not otherwise appropriated, to carry out the object of this act, and
p. 335.
Chapter 273. An ACT concerning the charter and transactions
of the General Alumni Association of the University of Virginia,
and accepting the provisions of a certain deed of trust made by said
association for the use and benefit of the University of Virginia.
Approved March 16, 1910.
"Whereas, the Society of Alumni of the University of Virginia
was incorporated by an act of the general assembly of Virginia,
Approved February sixth, 1873, having for its object the establishment
of an endowment fund for the use and benefit of the said
university (a public institution owned and controlled by the State)
and the promotion of the general prosperity and welfare of the said
institution: and
Whereas, by an act of the same general assembly, approved March
7th, 1903, the general Alumni Association of the University of
Virginia was incorporated as the successor of the said society of
alumni, which had no capital stock outstanding; and the objects and
purposes of the said General Alumni Association were the same
as those of said Society of Alumni, though the form of its organization
was changed; and
Whereas, the said General Alumni Association was duly organized
as a public institution (under the control of the State in
pursuance of the said acts of the general assembly incorporating the
same) the management of the said association when not in session
being invested in its executive committee, and by-laws having been
duly adopted regulating the organization of and the conduct of
business by the said association; and
Whereas, the said Alumni Association, by proceedings and pursuant
to section four of chapter four of an act of the general
assembly concerning corporations, in force May 21st, 1903, and by
certificate filed with the State corporation commission December
4th, 1907, obtained an amendment to its charter under and by
virtue of which it executed a deed to Joseph Bryan, Thomas Nelson
Page and others, trustees, which deed bears date on the 15th day of
February, 1908, and is of record in the clerk's office of the circuit
court of Albemarle county, Virginia, and under which the funds and
property of the association then or thereafter acquired were placed in
the hands of the said trustees for investment for the use and benefit
in the said deed of trust set forth and specified, and in pursuance
of the provisions of said deed certain funds have now passed into
the hands of the said trustees; therefore,
1. Be it enacted by the general assembly of Virginia, That the
said charter of the General Alumni Association as a public institution
and the aforesaid amendment thereto, together with the organization
and by-laws thereof, and its transactions heretofore had,
be, and the same are, approved in all respects; and that the said
association shall be and continue a corporation with the franchises,
powers and rights specified in its charter as amended, which shall
include the right to define its qualifications for membership and
admit members, define and determine the status of local alumni
associations as constituent parts of the said General Alumni Association,
and fix what representation and voting power they, or each
of them, may be entitled to in the meetings and proceedings of the
General Alumni Association and appoint its executive committees
who shall manage its affairs subject to such regulations as may be
prescribed by the association.
2. That the aforesaid deed of February 15th, 1908, to Joseph
Bryan, Thomas Nelson Page, and others be, and the same is, declared
valid, and the said deed, together with the terms, provisions and
conditions, is hereby accepted for and in behalf of the University
of Virginia and the rector and visitors thereof; and the trustees
thereunder shall be appointed and be subject to removal in all
respects as therein specified. Acts 1910, p. 389.
1912.
Chapter 33. An ACT to require the clerk of the Supreme
Court of Appeals, at its various places of session to mail to the law
librarian of the University of Virginia copies of all printed briefs
and records filed in said court. Approved Feb. 14th, 1912.
"1. Be it enacted by the general assembly of Virginia, That the
clerk of the Supreme Court of Appeals at Richmond, Wytheville
and Staunton shall mail to the law librarian of the University of
Virginia one copy each of all printed briefs and records hereafter
filed in his office, and as promptly as may be after the filing of the
same. Such brief shall be preserved in the law library of the University
use of said library. Acts 1912, p. 58.
Chapter 337. An ACT to grant permission to the rector and
visitors of the University of Virginia to have a bronze statue cast
of Houdon's statue of Washington in the rotunda of the capitol.
Approved March 14, 1912.
1. Be it enacted by the general assembly of Virginia, That permission
be and it is granted to the rector and visitors of the University
of Virginia to have a bronze statue cast of Houdon's statue of
Washington in the rotunda of the capitol at Richmond for the
grounds of the University of Virginia, the same to be done under
the supervision of the rector of the University of Virginia from the
moulds now owned by the State and in the custody of the Gorham
manufacturing company at Providence, Rhode Island." Acts 1912,
p. 675.
1914.
Chapter 234. An ACT to amend and re-enact section 1420,
Chapter 65 of the Code of Virginia, in reference to the validity of
gifts, devises, et cetera, for purposes of education. (S. B. 174.)
Approved March 24, 1914.
1. Be it enacted by the general assembly of Virginia, That section
1420, chapter 65, of the Code of Virginia be amended so as
to read as follows:
"Sec. 1420. Every gift, grant, devise or bequest which since the
second day of April, in the year 1839, has been, or at any time
hereafter shall be, made for literary purposes, or for the education
of white persons within this State, and every gift, grant, devise or
bequest which since the tenth of April, in the year 1865 has been,
or at any time hereafter shall be, made for literary purposes, or for
the education of colored persons within this State, and any gift, grant,
devise or bequest hereafter made for charitable purposes, whether
made in any case to a body corporate or unincorporated or to a natural
person, shall be as valid as if made to or for the benefit of a certain
natural person, except such devises or bequests, if any, as have
failed or become void by virtue of the seventh section of the act
of assembly passed on the said second of April, 1839, entitled an
act concerning devises made to schools, academies, and colleges.
any devise or bequest to or for the use of any unincorporated theological
seminary." Acts 1914, p. 414.
Chapter 342. An ACT to authorize the board of supervisors
of the county of Albemarle to grant aid to a woman's co-ordinate
college of the University of Virginia. Approved March 27, 1914,
(S. B. 451.)
"1. Be it enacted by the general assembly of Virginia, That the
board of supervisors of the county of Albemarle be, and it is
hereby authorized to appropriate a sum not exceeding $25000 to
be used towards the purchase of a site for and establishment of a
woman's co-ordinate college of the University of Virginia.
2. That if the said board of supervisors of the county of
Albemarle shall deem it advisable to issue bonds for said appropriation,
the said board is hereby further authorized to call an
election on the question of the issuance of such bonds by the said
county, and such election and the issuance of bonds thereunder
shall be pursuant to such laws.
3. All acts or parts of acts in conflict with the provisions of this
act are hereby repealed." Acts 1914, p. 677.
Chapter 343. An ACT to authorize the city council of the city
of Charlottesville to grant aid to a woman's co-ordinate college of
the University of Virginia. Approved March 27, 1914. (S. B.
452)
"1. Be it enacted by the general assembly of Virginia, That the
city council of the city of Charlottesville, be, and it is hereby authorized
to appropriate a sum not exceeding $25000 to be used
towards the purchase of a site for and the the establishment of a
woman's co-ordinate college of the University of Virginia.
2. That if the said city council of the city of Charlottesville
should deem it advisable to issue bonds for said appropriation, the
said council is hereby further authorized to call an election on the
question of the issuance of such bonds, according to the provisions
of law governing the issuance of bonds by said city, and such
election and the issuance of bonds thereunder shall be pursuant
to such laws.
3. All acts or parts of acts in conflict with the provisions of this
act are hereby repealed." Acts 1914, p. 678.
1916.
Chapter 271. An ACT to authorize the rector and visitors of
the University of Virginia to enter into a contract with Dr. William
E. Hopkins of New York city, in regard to a conditional donation,
and to enter into contracts of a similar nature with others. Approved
Mrach 16, 1916. (H. B. 251.)
"1. Be it enacted by the general assembly of Virginia, That the
rector and visitors of the University of Virginia be and are hereby
authorized to enter into a contract with Dr. William E. Hopkins,
of New York city, under the terms of which the said Dr. William
E. Hopkins will deliver to the said rector and visitors of the University
of Virginia a sum of money not greater than $35,000 and
not less than $25,000, said sum to be used by said the rector and visitors
of the University of Virginia in the erection of a teaching building
at the University of Virginia. And during the whole of the natural
life of said Dr. William E. Hopkins said the rector and
visitors of the University of Virginia shall pay to him in consideration
of said donation the sum of $1200 per annum, but upon the
death of said Dr. William E. Hopkins the sum so delivered by him
shall become the absolute property of said the rector and visitors
of the University of Virginia, free from any further payment to
the estate of said Dr. William E. Hopkins by said the rector and
visitors of the University of Virginia, or any claim on the part of
said estate against said the rector and visitors of the University of
Virginia.
And said the rector and visitors of the University of Virginia are
further authorized and empowered to enter into such other contract
or contracts for the acceptance by them of sums of money upon
which the donor requires as consideration for and as a condition to
the gift that an annuity be paid by said donee during the life-time
of the donor, or for some other fixed period not exceeding beyond
the life of the donor, provided such donation or gift shall become
absolute, complete and unconditional upon the determination of the
period during which such annuity is to be paid.
Said the rector and visitors of the University of Virginia shall
fix the amount of such annuity at a sum not exceeding five per
centum upon the principal amount of the donation, and may also
impose such other conditions, limitations and restrictions with reference
to such donations as they may consider necessary." Acts
1916, p. 491.
1918.
Chapter 32. An ACT to relieve horses and vehicles from toll
on any roads of the State when the same are conveying pupils or
students to or from immediate attendance upon schools, colleges,
or other educational institutions. Approved Feb. 7, 1918. (H. B.
7)
"1. Be it enacted by the general assembly of Virginia, That it
shall hereafter be unlawful for any county, road district, municipality,
corporation, public or private, or any person to collect toll
for the use of any of the roads, or highways in this State by any
horse or horsedrawn or motor-driven vehicle, when such horse
is being ridden by, or such vehicle carrying any pupil or student
to or from immediate attendance upon any school, college, or other
educational institution of this State.
2. Any such pupil, student, or the parent or guardian of any
such pupil or student, may apply for and receive from the principal
of any school, college, or other educational institution in this State,
a card certifying that any child or person is a pupil or student
regularly attending such school, college, or other educational institution,
and such card exhibited to the keeper, or person in charge
of any toll gate on any highway in this State shall be accepted in
lieu of all charges for the passage through such toll gate of any
horse ridden by, or any horse-drawn or motor-driven vehicle carrying
any such pupil or student to or from immediate attendance
upon any such school, college or other educational institution.
3. Any person using any such card, except for the purpose
herein specified, shall be guilty of a misdemeanor, and upon conviction
thereof, shall be fined not less than five, nor more than
fifty dollars.
4. In as much as present conditions affected by this act are
such as, in the judgment of the general assembly, constitute an
emergency, this act shall be in force from its passage." Acts 1918,
p. 29.
Chapter 73. An ACT to provide for the acceptance of the
conditions of the federal act commonly called the Smith-Hughes
bill (public No. 347, 64th. Congress), and authorizing the State
board of education to act as a State board of vocational education
for the commonwealth, and authorizing the treasurer of the
from the federal government, and to pay the same out on
warrant drawn by the State board of education, and authorizing
the State board of education to establish a department of vocational
education and appropriating money therefor. Approved February
23, 1918. (H. B. 57)
"Whereas an act of Congress (public, No. 347, sixty-fourth
congress), title of which reads as follows: "An act to provide for
the promotion of vocational education; to provide for co-operation
with the States in the promotion of such education in agriculture,
in the trades and industries; to provide for co-operation with the
States in the preparation of teachers of vocational subjects; and
to appropriate money and regulate its expenditure," was approved
February 23rd, 1917; and
Whereas, under the terms of the act, the provisions of said
act have been accepted by proclamation of the governor, subject
to ratification by the general assembly of Virginia; and
Whereas, the plan therein proposed federal aid in co-operation
with the State and local communities is, in the judgment of this
general assembly, wise and beneficial; therefore,
1. Be it enacted by the general assembly of Virginia, That the
State board of education be, and is hereby delegated to act as the
State board for vocational education, to carry out the provisions
of said federal act, and to co-operate with the federal board for
vocational education for the purposes of this act.
2. That the treasurer of Virginia be, and is hereby, appointed
custodian for any appropriations alloted by the federal board for
the purposes of vocational education in Virginia, and that he be,
and is hereby instructed to disburse said money upon warrant properly
issued by the said State board of education.
3. That the State board of education be, and is hereby authorized
to take advantage of the appropriations made by the federal
government:
(a) For training of teachers or supervisors or directors of agricultural
subjects.
(b) For the training of teachers of the trades, home economics,
and industrial subjects.
(c) For the pay of the salaries of teachers of the trades, home
economics, and industrial subjects.
(d) For the pay of the salaries of teachers, supervisors, or
directors of agricultural subjects.
4. That the State board of education be, and is hereby authorized
to provide for the proper supervision and management of such
schools as may receive the benefits of said appropriations out of
such funds as may be at its disposal, for maintenance, supervision,
equipment or establishment of agricultural or vocational schools,
including departments of home economics and trade work.
5. That the State board of education be, and is hereby authorized
to establish out of such funds as are available, a department
of vocational education for the state, the purpose of which department
shall be to study the problems of vocational education, systematize
the work in the State and promote and supervise the teaching
of such subjects in the schools of the commonwealth, as will lead to
useful and productive employment in rural or urban communities.
6. That for the fiscal year ending on the 28th day of February,
1919, the sum of $48,155, is hereby appropriated, and for the fiscal
year ending the 29th day of February, 1920, the sum of $63,460
is hereby appropriated, said sums to be paid out of any money in
the State treasury not otherwise appropriated, which sums, or so
much thereof, as shall be necessary, upon the itemized statement
of the State board of education, duly certified and filed with the
auditor of public accounts, shall be turned over by the auditor of
public accounts to the second auditor, to be disbursed upon warrant
drawn by the State board of education, such sums of money to be
used exclusively for the promotion of vocational education in agriculture
and in the trades, home economics and industries in high
schools and for the preparation of teachers of vocational subjects,
as provided in the said federal act, to be expended under rules and
regulations to be adopted by the state board of education." Acts
1918, p. 131.
Chapter 263. An ACT to provide for a commission to study
educational conditions in Virginia and elsewhere, and to report to
the next general assembly its findings, together with recommendations
for a revision of the school laws and amendments to article
IX. of the Constitution, and authorizing the State board of education
to meet the expenses thereof. Approved March 16, 1918.
(H. B. 77).
"1. Be it enacted by the general assembly of Virginia, That a
commission consisting of two members of the house of delegates,
to be named by the speaker, two members of the senate, to be
named by the president thereof, superintendent of public instruction
and three persons, one of whom shall be a woman and all three of
whom shall be engaged in work connected with the public free
school system of the State, to be named by the governor, is hereby
created.
2. The said commission shall make a thorough study of the
existing laws, conditions, and needs of the schools, and a comparison
of such progressive systems of education as will enable the said commission
to make practicable and suitable recommendations to the
members elect of the next general assembly. The said commission
shall submit to the general assembly at least sixty days before the
convening thereof for its approval at its next session, a revision of
the school laws and suggested amendments to article IX of the
Constitution.
3. The State board of Education shall provide a fund from the
general public school fund of the State, not to exceed $10,000, or
as much thereof as may be necessary, to pay the necessary expenses
of this commission, and to carry out the purposes of this resolution,
and the said commission is authorized to employ such expert help
as it may deem necessary. Members of this commission shall receive
for the actual time of service their necessary traveling expenses
and six dollars per diem. All expenses incurred by the
commission shall be paid by the State board of education upon
vouchers signed by the chairman and secretary of said commission."
Acts 1918, p. 444.
Chapter 360. An ACT authorizing the rector and visitors of
the University of Virginia to offer 119 state scholarships to students
from Virginia, which shall entitle the holder to tuition in the college,
room rent, light, heat and attendance free of charge. Approved
March 16, 1918. (S. B. 225)
"Whereas, there is a pressing need for trained educational leaders
in the public school system of the State, and there is now established
at the University of Virginia a school of education for the
purpose of training young men for administrative positions in the
educational system of the State and for principals and teachers in
high schools; and,
Whereas, there are fewer young men engaged in teaching than
formerly and it is necessary to have a fair proportion of men
teachers in order to maintain a proper degree of efficiency in our
high schools; and,
Whereas, the State now provides scholarships at the College of
William and Mary, the Virginia Military Institute and at each of
the four normal schools for women, which enable these institutions
to offer to State Scholarship Students, tuition, room rent, attendance,
heat, light and laundry free, thus making the expenses of a State
student at these institutions much less than at the University of
Virginia.
1. Be it enacted by the General assembly that the rector and
board of visitors of the University of Virginia are hereby authorized
to offer one scholarship from each school division of the State which
scholarship would entitle the holder to tuition in the college, room
rent, light, heat, and attendance free of charge. Before any person
shall be eligible for one of the scholarships provided in this act he
shall file with the school superintendent of the school division in
which he resides an affidavit confirmed by the written statement of
two witnesses, setting forth his age, residence and occupation and
the further fact that neither said applicant nor his parents or guardian
is able to pay for tuition, room rent, light, heat and attendance
in addition to paying the other expenses of attending the university.
In case two or more applicants comply with the conditions outlined
herein, then the division superintendent of schools shall hold a
competitive examination prepared by the president of the university
and award the scholarship to the applicant making the highest grade.
One applicant from each school division shall be appointed by the
division superintendent who shall send the name of the applicant
and the affidavit to the registrar of the university. In case no appointment
is reported by the division superintendent of any division
prior to September 1st. each year, the president of the university shall
have authority to fill the vacancy from that school division by
appointment from the State at large. The same qualifications for
entrance to the university shall be required of holders of this
scholarship as of other students.
3. Every student receiving a State scholarship, who shall have
remained at the university during a period of two years or more,
shall act as an administrative officer in the school system of the
years after leaving the university, and said student shall be required
to discharge said obligations within four years after leaving the
institution. Unless said student shall fulfill his said obligation, he
shall be deemed to have violated his contract, and authority is hereby
given the University to collect by law such amount as the student has
received from the scholarship. Acts 1918, p. 538.
1920.
Chapter 86. An ACT to provide that the University of Virginia,
the College of William and Mary, the Virginia Agricultural
and Mechanical College and Polytechnic Institute, the Virginia
Normal and Industrial Institute, and the several State normal schools
for women shall be placed on the year-round basis of instruction
as soon as their financial resources will warrant. Approved February
25, 1920.
"Whereas, it is desirable to make it possible for young men and
women to secure the training offered in institutions of higher learning
in a briefer time and thus permit them at an earlier age to
assume the responsibilities of citizenship; and,
Whereas, it is especially necessary to furnish added facilities for
the preparation of teachers in the public school system, the training
of teachers in the profession being a most important factor in
teacher-training; therefore,
"1. Be it enacted by the general assembly of Virginia, That the
University of Virginia, the College of William and Mary, the Virginia
Agricultural and Mechanical College and Polytechnic Institute,
the Virginia Normal and Industrial Institute, and the several
State normal schools for women, be placed on the year-round basis
of instruction as soon as their financial resources will warrant, and
that the summer term be organized on the basis of a quarter of the
year's work of equal grade and degree credit with the work of any
other quarter. Acts of 1920, p. 73.
Chapter 267. An ACT to provide for the appointment of a
commission on medical education in Virginia; to define its powers
and duties; to provide how the University of Virginia and the
Medical College of Virginia may be consolidated and prescribing
the effect thereof. Approved March 19, 1920.
"1. Be it enacted by the general assembly of Virginia, That
there shall be appointed a commission on medical education in Virginia,
which commission shall have the powers and duties hereinafter
prescribed.
2. The said commission shall be appointed as follows: Two by
the president of the senate from among the membership of the
senate; two by the speaker of the house of delegates from among
the membership of the house; and five by the governor, of whom
one shall be nominated to him by the board of visitors of the
University of Virginia from among the medical faculty of the
University of Virginia, and one by the board of visitors of the
Medical College of Virginia from among the medical faculty of
the Medical College of Virginia. All members of the commission
shall be qualified voters of the Commonwealth. The members of
the commission shall name one of its number chairman and another
secretary.
3. The commission aforesaid shall investigate and study the
question of medical education in Virginia, and upon the basis of
such investigation and study shall make recommendations on the
subject of the consolidation of the two State-owned educational
institutions now giving courses in medicine and kindred subjects,
to-wit, the University of Virginia and the Medical College of
Virginia. In case the commission shall be of the opinion that consolidation
should be effected, it shall include in its recommendations
the terms and conditions upon which in its opinion the said consolidation
should be accomplished. In its investigation the commission
shall seek the assistance of such trained experts in medical education
as may seem necessary or desirable, and may call upon the board
of visitors of the two institutions above-named, as well as any
officer of either of said institutions, for such suggestions or information
as it may desire in aid of its work.
4. After the commission has completed its investigations and
has formulated its recommendations it shall transmit one copy
of its report to the governor and one copy to each of the aforesaid
institutions concerned; and, if the commission recommends consolidation,
the governor shall call a joint meeting of the boards of
visitors of the two institutions, after at least one month from the
time of transmission of the report of the two institutions, to consider
then endeavor to agree upon a plan of consolidation based in whole
or in part upon the recommendations of the commission; and if
agreement is reached the terms and conditions thereof shall be
reported to the governor as soon thereafter as possible and by him
laid before the general assembly at its next regular session for its
approval or disapproval.
5. If the boards of visitors of the two institutions are unable to
reach an agreement on the subject of consolidation, as aforesaid, the
report of the commission shall by the governor be transmitted to the
general assembly at its next regular session, with such recommendations
as he may see fit to make.
6. The members of the commission on medical education in
Virginia shall receive no compensation for serving thereon, but
they shall severally be reimbursed for their actual traveling expenses
and hotel bills in attending meetings of the commission. Furthermore,
the commission is given authority to engage the services of
such expert and clerical assistants as may be necessary to enable it
properly to discharge its duties; and for the purpose of defraying
the expenses of the commission, as aforesaid, there is hereby appropriated,
out of any moneys in the treasury not otherwise appropriated,
the sum of two thousand dollars. The said sum, or so much thereof
as may be necessary, shall be paid by the treasurer of Virginia on
warrants of the auditor of public accounts issued on certificates
signed by the chairman of the commission and countersigned by
its secretary.
7. An emergency existing, this act shall be in force from its
passage. Acts of 1920, p. 388.
Chapter 305. An ACT to provide for the appointment of a
commission to be known as the University of Virginia and Richmond
Memorial Road Commission; to prescribe its powers and
duties; and to provide for the construction of the University of
Virginia and Richmond memorial road. Approved March 19,
1920. Acts of 1920, p. 422.
Note. Title alone given, as it remotely concerns the University.
1924.
Chapter 119. An ACT to amend section 807 of the Code of
Virginia. Approved March 7, 1924.
"1. Be it enacted by the general assembly of Virginia, That
section eight hundred and seven of the Code of Virginia be amended
and re-enacted so as to read as follows:
"Section 807. Appointment of visitors.—There shall be ten
visitors one of whom shall be the superintendent of public instruction,
three of whom shall be from the grand division in which
the university is situated, and two from each of the other three
grand divisions of the State. The visitors now in office are continued
therein until their respective terms of office expire, to-wit;
such four of them as were designated by the governor at the time
of their appointment, until the twenty-ninth day of February,
nineteen hundred and twenty-four, and the other five until the
twenty-eighth day of February, nineteen hundred and twenty-six.
Within the sixty days preceding the day on which the terms of
office respectively of the several members of the board will expire
by limitation as aforesaid, the governor, by and with the consent
of the Senate, shall appoint, to fill the vacancies so to be occasioned,
persons whose terms of office shall be for four years from that day.
And thereafter, within sixty days preceding the day on which the
terms of office respecitvely of the members shall expire by limitation
as aforesaid, the governor, by and with the consent of the
Senate, shall appoint, to fill the vacancies so to be occasioned, persons
whose terms of office shall be for four years from the day
on which the terms of their immediate predecessors expired.
Vacancies caused otherwise than by the expiration of the term
of office shall be filled by the governor for the unexpired term by
appointment which shall be subject to ratification or rejection by
the Senate at the next session of the general assembly. The members
of the board shall always be apportioned among the several
grand divisions of the State as hereinbefore provided, and shall in
all cases continue to discharge the duties of their office after their
terms have expired until their successors have been appointed and
qualified.
Beginning with the visitors who shall be named for the term
beginning on the twenty-eighth day of February, in the year nineteen
hundred and twenty-six, and biennially thereafter, the governor
shall appoint at least one visitor in the years in which he has four
visitors to appoint, and two visitors in the years in which he has
five visitors to appoint, from a list of not less than eight persons,
each of the grand divisions of the State, which list shall be submitted
to him, whether he shall have taken office or not, by the
general alumni association of the University of Virginia not later
than the first day of December of the year preceding that in which
the terms of said visitors are to begin; and in filling vacancies the
governor shall likewise make appointments from the list last submitted
to him when it is necessary to do so in order to have at least
three visitors who shall be nominees of the general alumni association
as aforesaid.
If the said general alumni association of the University of Virginia
shall in any such year fail to submit such a list in accordance
with the provisions hereof, the appointments of visitors whose terms
would commence in the year next succeeding the date on or before
which said list should have been submitted, shall be made just as
if said association had not been empowered to submit such a list."
Acts 1924, p. 145.
Chapter 174. An ACT to authorize and direct the rector and
visitors of the University of Virginia to surrender certain bonds
of the Commonwealth of Virginia in exchange for a registered
certificate of the Commonwealth, and to provide for the payment
of the interest on such certificate. Approved March 14, 1924.
"Whereas, the rector and visitors of the University of Virginia
hold, as part of the William Henry White Memorial Lectureship
Fund, six bonds of the State of Virginia, one of the sum of five
hundred dollars ($500.00), numbered twenty-eight, five of the
sum of one hundred dollars ($100.00), numbered eight hundred
and forty-eight, four hundred and eleven, twelve hundred and
sixty-six, nine hundred and twenty-four and seven hundred and
fifty-eight, respectively, all issued on the first day of January,
eighteen hundred and seventy-nine and payable on the first day of
January, nineteen hundred and nineteen, said bonds being issued
by authority of and pursuant to act of general assembly, approved
the twenty-eighth day of March, eighteen hundred and seventy-nine,
entitled an act to provide a plan of settlement of the public
debt; and,
Whereas, said William Henry White Memorial Lectureship
Fund is devoted solely to educational purposes, namely, for the
and
Whereas, said rector and visitors of the University of Virginia
desire to surrender said bonds in exchange for a registered certificate
of the State of Virginia, as has been heretofore authorized by acts
of assembly of February twenty-third, eighteen hundred and ninety-two,
January fifteenth, eighteen hundred and ninety-four and February
twenty-ninth, nineteen hundred and eight, in pursuance of
the settled policy of the State to encourage such donations by paying
full interest thereon so long as they are held as endowments for
educational and other like purposes; therefore,
"1. Be it enacted by the general assembly of Virginia, That the
rector and visitors of the University of Virginia shall, on or before
the first day of July, nineteen hundred and twenty-four, surrender
to the second auditor and six bonds aforesaid, which it holds as an
endowment fund; and
That said auditor shall issue a registered certificate of debt therefor
as provided by the act approved February twenty-third, eighteen
hundred and ninety-two, entitled an act for the retirement of bonds
held by schools and colleges and the issuing of registered certificates
therefor, and providing for the payment of interest thereon, and by
the act approved January fifteenth, eighteen hundred and ninety-four,
entitled an act providing for the retirement of bonds held by
the trustees of St. Joseph academy, an orphan asylum of Richmond,
and the issuing of registered certificates therefor, and by the act
approved February twenty-ninth, nineteen hundred and eight, entitled
an act for the retirement of bonds held by St. Paul's Endowment
Fund, Incorporated, and providing for the issuance of registered
certificates therefor and the payment of interest thereon,
and the second auditor upon the first days of January and July of
each year shall draw his warrant upon the auditor of public accounts
in favor of the rector and visitors of the University of
Virginia for the interest upon such certificate at the rate of six
per centum per annum, so long as said certificate remains the property
of said rector and visitors of the University of Virginia. Right
is reserved to the State to call in and redeem said certificate at any
time." Acts 1924, p. 287.
Chapter 399. An ACT to appropriate the sum of $250,000.00
to the University of Virginia provided the University of Virginia
sum to be used for the purpose of properly housing and developing
and teaching the medical sciences, and for hospital purposes. Approved
March 20, 1924.
"1. Be it enacted by the general assembly of Virginia, that the
sum of two hundred and fifty thousand dollars is hereby appropriated
payable at the close of the biennial ending on the 28th day
of February, 1926, out of any moneys in the treasury not otherwise
appropriated and after the amounts appropriated for the discharge
of the existing deficit in the treasury shall have been paid as provided
in the appropriation bill; the said sum of two hundred and
fifty thousand dollars to be paid to the rector and visitors of the
University of Virginia, provided they shall have received elsewhere
an additional sum of seven hundred and fifty thousand dollars."
Acts 1924, p. 583.
Chapter 482. An ACT making appropriation to the Rector
and visitors of the University of Virginia for the two years ending,
respectively, on the twenty-eighth day of February 1927, and the
29th day of February 1928, supplemental to the appropriations contained
in the general appropriation act. Approved March 25, 1926.
"Be it enacted by the general assembly of Virginia:
1. That the following appropriations of the public revenue be,
and the same are hereby, made, to the rector and visitors of the
University of Virginia for the two years ending, respectively, on
the twenty-eighth day of February, nineteen hundred and twenty-seven,
and the twenty-ninth day of February, nineteen hundred and
twenty-eight, supplemental to the appropriations contained in the
general appropriation act:
First. For the appropriation year ending February twenty-eighth,
nineteen hundred and twenty-seven:
| For additions to the medical group of buildings, sixty-two thousand and five hundred dollars |
$62,500.00 |
Provided, however, that this appropriation of sixty-two thousand
and five hundred dollars shall not be available unless and until
satisfactory evidence has been furnished to the governor of Virginia
that the sum of five hundred and seventy-five thousand dollars in
addition has been made available for the erection of said buildings
by the alumni, friends, and officials of the university.
Second. For the appropriation year ending February twenty-ninth,
nineteen hundred and twenty-eight:
| For additions to the medical group of buildings, sixty-two thousand and five hundred dollars |
$62,500.00 |
Provided, however, that this appropriation of sixty-two thousand
and five hundred dollars shall not be available unless and until
satisfactory evidence has been furnished to the governor of Virginia
that the sum of five hundred and seventy-five thousand dollars in
addition has been made available for the erection of said buildings
by the alumni, friends, and officials of the university.
2. The rector and visitors of the University of Virginia are
hereby authorized, if and when the conditions are met upon which
the foregoing appropriations are made, to proceed to enter into contracts
for the immediate construction and equipment of the additions
to the medical group of buildings, as aforesaid, notwithstanding
the fact that such additions will or may cost the sum of one hundred
and twenty-five thousand dollars in excess of amounts available for
such additions during the biennium ending on the twenty-ninth
day of February, nineteen hundred and twenty-eight." Acts 1926,
p. 798.
Chapter 489. An ACT to authorize the governing boards of
certain State institutions of higher education to issue and sell,
through the commissioners of the sinking fund, and subject to the
approval of the State Board of Education, certificates of indebtedness
in the names and on behalf of their institutions, respectively,
to raise funds for dormitory construction purposes, subject to the
conditions and limitations contained in this act; to provide for the
payment of the interest thereon and the principal thereof at maturity,
and to authorize the State Board of Education to sell any State bonds
held as a part of the Literary Fund and to invest the proceeds derived
from the sale of such bonds in the certificates of indebtedness
issued under the provisions of this act, such certificates so purchased
to become a part of the Literary Fund. Approved March 25, 1926.
"Be it enacted by the general assembly of Virginia, as follows:
1. Subject to the approval of the State board of education first
obtained, the governing boards of the University of Virginia, the
Virginia Agricultural and Mechanical College and Polytechnic
Institute, the College of William and Mary in Virginia, the State
the Virginia Military Institute, and the Virginia Normal
and Industrial Institute are hereby severally authorized, through the
commissioners of the sinking fund, to issue and sell certificates of
indebtedness in the names and on behalf of their institutions,
respectively, to raise funds for dormitory construction purposes, subject
to the conditions and limitations hereinafter set out.
2. The amount of certificates of indebtedness which may be
issued on behalf of each of the institutions herein named shall be
as agreed upon by the governing board of each institution and the
State board of Education; but the aggregate amount of certificates
issued on behalf of all the institutions herein named shall not exceed
the sum of one million dollars.
The attention of the State board of education is hereby directed
to the message of the governor of Virginia to the general assembly
dated January 13, 1926, in so far as such message deals with the
needs of the several institutions mentioned in this act.
3. The certificates of indebtedness issued under the provisions of
this act shall be signed on behalf of the institutions in the names of
which they are issued, by the presiding officers of their governing
boards, respectively, and shall be countersigned by the second auditor,
who shall keep an account thereof in his office. The certificates
of indebtedness issued under this act are the certificates of
the institutions issuing them, respectively, and not the certificates
of the State.
4. The said certificates of indebtedness shall bear interest payable
semi-annually January first and July first of each year, at a
rate to be fixed by the commissioners of the sinking fund with the
approval of the State board of education, but not exceeding four
per centum per annum. The said certificates shall be issued in such
denominations and shall mature at such time or times, not exceeding
twenty-two years from their date, as may be prescribed by the
State board of education, and shall be in such form, not inconsistent
with the provisions of this act, as may be approved by such board.
The governing board of each such institution on behalf of which
such certificates are issued may secure the payment of the interest
thereon and the principal thereof at maturity by giving a deed of
trust upon the property of such institution.
5. The commissioners of the sinking fund with the approval of
the State board of education, shall from time to time, sell the said
certificates of indebtedness for cash at such prices, not less than par,
as may be approved by them.
6. The sums of money received from the sale of the certificates
of indebtedness issued and sold under the provisions of this act shall
be paid into the State treasury by the commissioners of the sinking
fund to the credit of the institutions on behalf of which such certificates
are issued and sold, respectively, and such amounts so paid
in to the credit of such institutions, respectively, are hereby appropriated
to and may be expended by their governing boards, respectively,
for the construction of dormitories for the use of students
of the respective institutions, and for no other purposes whatsoever.
But all payments out of the treasury shall be made upon the order
of the second auditor. All plans, bids and costs of the buildings
shall be acted upon by the governing board of the respective institutions
and the State board of education. The idea of the utility
of the said buildings shall be paramount and adhered to in their
design for the purposes intended, and the consumption of space for
any non-essential purpose shall be avoided. In constructing a
dormitory at the State Teachers College at Radford, the general
design of the present dormitory shall be adhered to and it shall also
harmonize with the original building plan.
7. The State board of education is hereby authorized, in its
discretion, to sell any bonds of the State held as a part of the literary
fund and to invest the proceeds derived from the sale of such bonds
in the certificates of indebtedness issued under the provisions of this
act, such certificates so purchased to become a part of the literary
fund.
8. In order to provide for the payment of the interest on certificates
issued under this act and the creation of a sinking fund to
retire them at maturity, the governing boards of each of the institutions
on behalf of which such certificates are issued, shall cause
to be paid quarterly into the State treasury to the credit of special
accounts to be opened on the books of the second auditor for each
of such institutions, all net rents and fees received from students
or other persons for the use of the dormitories constructed with
funds derived from the issuance of such certificates of indebtedness.
The rents charged for the use of such dormitories shall not be less
and on the basis of not less than two students to a room, and the
same price for each student in excess of two to a room who may
occupy any of the rooms.
The term "net rents and fees", as herein used, shall be construed
to mean the gross rents and fees received for the use of such dormitories,
less the cost of operation and maintenance of such dormitories,
including insurance premiums, which cost of operation and maintenance
including insurance premiums shall not exceed twenty-four
hundred dollars each per annum, on the basis of dormitory costing
one hundred and fifty thousand dollars, nor shall such cost exceed
twenty-eight hundred dollars in the case of a dormitory costing
two hundred thousand dollars, and a proportionate cost for less
sums expended in building construction. It shall be the duty of
the State accountant semi-annually to audit the accounts of the
rents and fees received and disbursed by each institution, and if it
shall come to his knowledge that such accounts are not being kept
properly, or that any of such rents and fees are being devoted to
purposes not authorized by this act, he shall report the facts to the
governor.
9. If at any time any default should be made by any institution
in the payment into the State treasury of the moneys hereby required
so to be paid in for interest and sinking fund requirements,
the commissioners of the sinking fund shall direct the second auditor
to make requisition on the auditor of public accounts who shall draw
his warrant upon the then current annual State appropriation of
such institution for the amount estimated to be due. Such warrant
shall thereupon be honored and such amount disposed of in the same
manner as if it had been paid into the State treasury by such institution
as required by section eight of this act.
10. The moneys so received into the State treasury to be placed
to the credit of the special accounts mentioned in section eight of
this act shall be used by the commissioners of the sinking fund, first
to pay the interest on such certificates of indebtedness issued on behalf
of such institutions, respectively, when and as it becomes due
and payable, and the balance shall constitute a sinking fund in each
instance to retire the certificates of indebtedness at maturity. Each
of such sinking funds may be used by the commissioners of the
sinking fund to purchase and retire certificates of indebtedness for
so purchased shall be cancelled and not re-issued. To the
extent that each of such sinking funds is not used to purchase such
certificates, as aforesaid, the moneys belonging to it shall be invested
by the commissioners of the sinking fund in safe securities
at the highest rate of interest obtainable, and all interest received
on such investments shall become a part of the sinking fund in each
case. When and as such certificates of indebtedness mature, they
shall be paid by the commissioners of the sinking fund out of the
sinking funds respectively provided for that purpose. All moneys
disbursed by the commissioners of the sinking fund under this act
shall be paid out by the State treasurer on warrants of the second
auditor issued on the order of such commissioners.
11. All buildings constructed with funds derived from such
certificates of indebtedness shall be practically fireproof. They shall
be kept adequately insured by the respective governing boards of
such institutions.
12. The moneys made available by this act to the institutions
named in this act shall be used only for the construction of dormitories.
All such dormitories shall be furnished by donations, gifts,
or otherwise and shall be so kept furnished until the certificates
issued have been retired.
13. No purchasers of any certificate of indebtedness issued under
this act shall be required to see to the application of the purchase
money. Acts 1926, p. 829.
| Legislative history of the University of Virginia as set forth in the Acts of the General Assembly of Virginia, 1802-1927 | |