|Passed February 21st, 1818.
1. BE it enacted by the General Assembly,
That for the purpose of duly applying a part of the income of the literary fund to
object of its institution, it shall be the duty of the courts of the several counties,
cities and corporate towns represented in the General Assembly
, and of the borough of Norfolk
, as soon as may be in the present year, and annually thereafter in the month of October,
to appoint not less than five nor more than fifteen discreet persons to be called
school commissioners for the counties, cities, the said corporate towns and borough
respectively, in which they may be appointed.
The said commissioners for the counties, cities, corporate towns and borough of Norfolk
respectively, or a majority of them, shall hold their first meeting, at the court
houses of their respective counties and corporations, on the first day of the court
of the county or corporation, next after that, at which they shall have been appointed,
or as soon thereafter as may be;
they shall afterwards, in every year, hold a meeting at the places aforesaid, on
the first day of the court of their county or corporation, which shall be holden in
the month of November;
and they shall hold such extra meetings at the places aforesaid, as they may deem
necessary, to be convened at any time, on the application of any number of the said
commissioners, not less than a third part of the whole, reasonable notice thereof
having been first given, by advertisement, at the door of the court house, on some
a majority of the whole number of commissioners shall be, at all times, necessary
to form a board for the transaction of business, or to adjourn, except from day to
day; but any smaller number may adjourn from day to day; the board may adjourn from
time to time, as they may think proper.
The said commissioners shall annually appoint one of their own body treasurer, who,
before he shall be entitled to receive any money by virtue of his office,
shall give bond and good security in the court of the county, city, corporate town
or borough in which he may be appointed, payable to the president and directors of
the literary fund, in the penalty of two thousand dollars, conditioned for the faithful
application and accounting for all monies which may come to his hands by virtue of
his office; which bond shall be filed and recorded in the office of such court.
The said commissioners shall have power to determine what number of poor children
they will educate, what sum shall be paid for their education, to authorise each of
themselves to select so many poor children as they may deem expedient, and to draw
orders upon their treasurer for the payment of the expence of tuition, and of furnishing
such children with proper books and materials for writing and cyphering.
The poor children, selected in manner aforesaid, shall (with the assent of the father,
or if no father, of the mother of such children respectively, or if no mother, with
the assent of the guardian) be sent to such school as may be convenient, to be taught
reading, writing and arithmetic.
2. And be it enacted,
That the said treasurer shall pay all monies, which may come to his hands in virtue
of his office, to the order of the said commissioners, or of such of them as shall
have been authorised at their lawful meeting to draw upon him, and
shall annually render an account of his receipts and disbursements, supported by
proper vouchers, to the said commissioners, who shall examine the same, and after
correcting all errors which may be found therein, shall return the same to the clerks
of the courts for their counties, corporate towns, cities and borough of Norfolk
and the said clerks shall certify a copy of such account to the president and directors
of the literary fund; for which copy and certificate the said clerks respectively
shall be allowed by the said commissioners such a fee as they may deem reasonable,
to be paid by order on the said treasurer; and whenever such treasurer shall go out
of office, he shall pay over any balance which may be in his hands to his successor
3. And be it enacted,
That it shall and may be lawful for the said commissioners to appoint one of their
own body as clerk; to fill all vacancies created by death, resignation or removal;
to make such allowance to their treasurer as they may deem reasonable for his services,
and to authorise their treasurer to pay their own reasonable expences incurred in
attending their meeting.
4. And be it enacted,
That the president and directors of the literary fund shall annually pay to each
of the said treasurers, or [render], upon the production of a certificate from the proper clerk that he has given the
bond required by this act, such proportion of the sum of forty-five thousand dollars
as the free white population of the county, city, corporate town or borough in which
such treasurers may respectively have been appointed, bears to the whole free white
population of the Commonwealth, according to the last and every future census taken
under the authority of the United States.
5. And be it enacted,
That the bonds given by the treasurers may be put in suit in the name of the president
and directors of the literary fund for their benefit, or for the benefit, and at the
costs, of any person or persons who may sustain injury by a breach of the condition
thereof. And if any treasurer appointed under the authority of this act, or his executors,
administrators or other personal representative, shall, at any time, when duly required
thereto, fail to pay any money received by such treasurer by virtue of his office,
it shall be lawful for the commissioners of schools, in the name of the president
and directors of the literary fund, or for the said president and directors in their
own name, by motion, on ten days previous notice, in any court of record having jurisdiction
thereof, to recover a judgment and have execution for such money, with ten per centum
per annum damages thereon, from the time of such failure till payment, together with
costs, against the said treasurer, and his securities, jointly or severally, or against
the executors, administrators, or other personal representative, of such treasurer,
or his securities, or any of them: and the money made, upon such judgment, or execution,
shall be paid to the order of the board of commissioners, or of such person as they
shall have authorised to receive it, pursuant to the provisions of this act.
6. And be it farther enacted,
That all money, funds, debts, or property now held by the overseers of the poor of
any county or corporation, and derived from, or acquired by the sale or forfeiture
of glebe lands, and which shall be unappropriated by the citizens of such county or
corporation, shall after the passage of this act be vested in the said school commissioners,
the revenue or income of such money, funds, debts, or other property, to be used and
applied by the said commissioners to the education of the poor youth of their county
or corporation, in the same manner as they are directed by this act to apply that
portion of the revenue of the literary fund to which their county or corporation may
be entitled: Provided
, that, before any such funds, money, or other property shall be thus invested in
the said commissioners, the citizens of such county or corporation, or a majority
of them, shall assent to the said investment.
7. And be it enacted,
That the school commissioners shall annually present a statement to the president
and directors of the literary fund, exhibiting the number of schools and indigent
children in their county, or corporation; the price paid for their tuition; the number
of indigent children educated in such schools; and what farther appropriation from
the literary fund will in their opinion be sufficient to furnish the means of education
to all the indigent children in their county or corporation.
8. Be it farther 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 the branches of useful science shall be taught.
In order to aid the Legislature in ascertaining the permanent scite 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 organising and governing the University.
The said board are also authorised and required to receive any voluntary contributions,
whether condition 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 expences of procuring the land and erecting the buildings, and for the permanent
endowment of the said University
, 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 teachers 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 controul of the Legislature.
12. This act shall commence and be in force from and after the first day of March