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His duty to negotiate contracts, draw writings, and adjust accounts.

Examinations of

accounts heretofore existing.

Report to the general assembly.

Books of accounts, how to be kept.

When to be balanced.

6. When an execution, on the judgment of any court, in the name of the president and directors of the literary fund, shall be levied, it shall be the duty of the sheriff or other officer levying the same, to account with the president and directors of the literary fund for the money made thereupon, and to pay the same into the treasury, in manner above prescribed; and on failure thereof, he may be, in like manner, proceeded against, and shall be liable to the same damages as if he had failed to pay such money upon a lawful demand made thereof, in his county.

7. No money belonging to the literary fund, shall be paid out of the treasury, except upon a warrant from the auditor, drawn in pursuance of an order of the president and directors, duly certified by the accountant, and countersigned by the president, or in his absence, by some other member of the board; nor shall any such order be drawn by the president and directors, unless in favour of some person entitled to the money drawn for, either by virtue of some appropriation made by law, or by reason of some contract entered into, or for expenses actually incurred.

8. Be it further enacted, That there shall be an accountant appointed by the board, who shall also perform the duties of clerk. He shall hold his office during the pleasure of the board; shall receive such annual salary as they shall deem reasonable; and before he enters on the duties of his office, shall give bond with good security to the president and directors of the literary fund, in the penalty of ten thousand dollars, with condition for the faithful performance of his duties; and shall deposit the said bond in the auditor's office, to be there safely kept.

9. It shall be the duty of the said accountant, to keep a faithful record of all the proceedings of the board; copies whereof, duly authenticated by him, shall be received in evidence in all cases in which the originals would be evidence.

10. It shall be his duty to negotiate all contracts on account of the board, which he shall be required by them to negotiate; to draw all writings which he shall be required by them to draw; and to settle and adjust all accounts which he shall be required by them to settle and adjust; and it shall be moreover his duty, to examine, state, and balance the accounts of all persons or bodies corporate, who now have, or heretofore have had, accounts with the literary fund; and of all persons through whose hands any monies belonging to the literary fund may have passed, whether agents or otherwise; and of any body or bodies corporate, who may have been made agents, or receivers of any monies on account of said fund. The said accountant shall commence his examination at the period of the organization of the literary fund; he shall have access to the books of the auditor's and treasury department, when he may deem it necessary, to aid him in his investigation, and shall make a full and early report to the next general assembly.

11. It shall be his duty to keep fair and regular books, in which shall be kept distinct accounts of all the stock and other property belonging to the literary fund, and distinct accounts of all monies authorized to be paid into the treasury, and to be drawn therefrom on account of the said fund. The books shall be regularly balanced on the thirtieth day of September, and thirty-first of December, in each year; and a statement of the accounts forthwith thereafter furnished, by the accountant, to the president of the board, to be

by him laid before the general assembly. To enable the accountant Auditor's duty. to perform this duty, the auditor of public accounts shall furnish him, from time to time, as he shall require it, statements of all warrants for the payment of money into the treasury for the benefit of the literary fund, other than such as shall have been authorized by the board.

pre- Accountant to pre

serve all books, &c. belonging to

12. It shall also be the duty of the accountant, carefully to serve all the books and papers belonging to the literary fund; but they, or any part of them, may be deposited in the auditor's office the fund. for safe keeping, whenever the board shall so direct.

Board may have them kept in audi

tor's office.

Repealing clause.

13. All acts and parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed; saving and reserving all fines, penalties, forfeitures, rights and remedies, that shall or may have accrued under and by virtue of the act or acts aforesaid. 14. This act shall be in force from and after the passing thereof. Commencement.

CHAP. 19.—An ACT to amend the act, entitled, "an act concerning the lite rary fund," passed the second day of March, one thousand eight hundred and twenty-one."

[Passed March 4th, 1822.]

and directors, how

1. Be it enacted by the general assembly, That the board of Board of president president and directors of the literary fund, shall hereafter be com- organized. posed of the following members, instead of those heretofore ap pointed by law, that is to say the governor of the commonwealth, the lieutenant governor, and the senior member of the privy council for the time being, when these officers respectively shall be at the seat of government and able to attend. If the governor should be absent from the seat of government, or unable to attend, the lieutenant governor and the two senior councillors, then being at the seat of government and able to attend, shall compose the board. If the lieutenant governor should be absent from the seat of government or unable to attend, the governor and the two senior councillors, then being at the seat of government and able to attend, shall compose the board. In all meetings of the board, the presence of the governor or lieutenant governor shall be necessary for the transacting of business. When the governor is present, he shall preside; and in his absence, the lieutenant governor shall preside.

The members of the board shall be notified of the time and place Notice of time and of meeting for the transaction of business; and it shall be the duty place of meeting. of the member, who should preside at the board when assembled,

to give this notification.

stock, &c. belong

be deposited with

2. Be it further enacted, That all certificates of public debt, Certificates of and bank stock, and all bonds, mortgages, deeds of trust, or other public debt, bank specialties, given, or that may hereafter be given for the security ing to the fund, to of any debt due to the literary fund, shall be deposited by the ac- the auditor. countant, with the auditor of public accounts, for security and preservation; and it shall be the duty of the accountant, annually, to Annual report report, in his general statement of the fund, the number and value of all certificates of public debt, bank stock, bonds, mortgages, deeds of trust, or other sureties, the property of the literary fund.

thereof by the ec

countant.

3. This act shall commence and be in force from and after the Commencement. passage thereof.

Acts 1821-2, ch. 12, pp. 13, 14. See acts 1820-21, ch. 10, pp. 12-15. Ante▪ ch. 18.

Arrears of annual appropriations for education of the

rers of school com

missioners.

Proviso.

CHAP. 20.-An ACT to amend the act, entitled, "an act to reduce into one
act, the several acts concerning the literary fund."
(Passed March 2d, 1822.)

1. Be it enacted by the general assembly, That the several sums of money which have fallen due to each of the counties from poor, directed to the annual appropriation of forty-five thousand dollars to the edube paid to treasu- cation of the poor, and which remain now undrawn, shall be paid by the president and directors of the literary fund, upon application, either in person or by order, to the treasurers of the school com. missioners authorized by law to receive the same: Provided, That such arrearage shall, in no case, be paid to any treasurer, till it shall appear to the president and directors of the literary fund, that the bond, already entered into by him, pursuant to law, is in a penalty sufficient to cover such arrearage, as well as other money, which he may receive in virtue of his office, or that he hath entered into another like bond, with good security in an adequate penalty, and in like manner, filed the same, with the clerk of the court: And provided moreover, That none of the said sums of money, now remaining undrawn, shall be paid, unless application be made therefor to the president and directors of the literary fund by some person duly authorized to receive the same, on or before the first day of January in the year eighteen hundred and twenty-four. (a)

Farther proviso.

Errors in treasury books to be corrected.

poor.

sums which coun

ties or corporations are to receive.

And whereas it appears by the report of the accountant of the literary fund, made during the present session of the general assembly, that sundry errors in the treasury books have deprived the said fund of part of the money justly belonging to it, by reason whereof, the said fund is improperly diminished, and may not have adequate means to pay the arrearages aforesaid:

2. Be it therefore enacted, That it shall be the duty of the treasurer of this commonwealth, to correct the aforesaid errors, and to pass to the credit of the literary fund, the balance justly due to it. Future regulations 3. Be it further enacted, That from and after the expiration of concerning annual the appropriations for year eighteen hundred and twenty-two, the annual appropriation education of the made by law to the education of the poor, shall be subject to the Notice to be given following regulations; that is to say: first, whenever any alteration of alterations in is made in the sum to which the several counties and corporations shall be entitled out of said annual appropriations, it shall be the duty of the president and directors of the literary fund to give notice thereof to the school commissioners, either by publication in the newspapers, or in such other manner as they may deem expeForms for annual dient: secondly, it shall be the duty of the president and directors reports to be fur of the literary fund to furnish the school commissioners of each county and corporation, with forms for their annual report, and with such instructions and explanations, as to the manner of making the same, as they shall deem expedient: thirdly, no part of the money so appropriated, shall be drawn for any year, by the school made according to commissioners of any county or corporation, until they shall have made report, as required by law, of their proceedings for the preceding year, in such form not inconsistent with the law, as the presiWhat shall be sta- dent and directors of the literary fund shall have prescribed and fourthly, the annual reports of the school commissioners shall set forth distinctly, what sums have been expended within the year to which they relate, and what money, if any, remains on hand unex

nished school commissioners.

Money not to be

paid until reports shall have been

law.

ted in such reports.

See 1 Rev. Code 1819, ch. 33.

*Acts 1821-2, ch. 13, pp. 14, 15.
(a) Vid. post. ch. 26, § 1, and ch. 27.

pended. When hereafter there shall be due, in any county or corporation, any sum or sums of money from the literary fund, those authorized to draw the same, shall be allowed the period of two years for that purpose.

treasurers of

sioners.

be returned to clerks of courts.

also to be so re

turned.

4. Be it further enacted, That the board of school commission- Mode of examiners in each county, corporation, town, city, and borough of Nor- ing accounts of folk, shall have power to appoint a committee of their body, of not school commisless than three members, whose duty it shall be to examine the account of their treasurer, and, after correcting all errors which may be found therein, to return the same to the clerks of the courts for Such accounts to their counties, corporate towns, cities, and borough of Norfolk, respectively. The committee so appointed, shall have power to make Annual reports out and return to the clerk of the court, the annual report of the proceedings of the board, as directed by the nineteenth section of the act, entitled, "an act to reduce into one, the several acts concerning the literary fund," and by this act. It shall be the duty of Clerks to forward the clerk of the court to forward to the board of the literary fund, and directors of a certified copy of the treasurer's account, and of the annual re- literary fund. Penalty for neport of the school commissioners; and if he shall fail or refuse to glect. perform this duty for the space of six months from the time the said report and account shall be placed in his hands, he shall forfeit and pay to the commonwealth, for the benefit of the literary fund, the sum of fifty dollars for each offence, to be recovered on motion, by How recoverable. the auditor of public accounts, in the general court.

5. This act shall be in force from the passage thereof.

CHAP. 21.—An ACT concerning the university of Virginia, and for other

purposes.*

[Passed February 25th, 1823.]

copies to president

Commencement.

school commis

3. Be it further enacted, That in order to bring into more com- Annual reports of plete operation the system of primary education, now authorized by sioners to presilaw, it shall be the duty of the school commissioners to make their dent and directors annual reports to the president and directors of the literary fund, when to be made. of literary fund, on or before the first day of each annual session of the general assembly; and that, in each report so to be made, shall be stated the What to contain. number of scholars who may have received the aid and assistance

of the present law, with the price of tuition. And if the said Penalty for failure. commissioners shall fail to make such report, in any year, each and every member of any board, not having any reasonable excuse for such failure, shall forfeit and pay to the president and directors of the literary fund the sum of ten dollars.

sal.

4. Be it further enacted, That every person appointed as a School commissioners compelled school commissioner, under this, or any former law, shall act under to act. such appointment; or, for any failure to do so, without reasonable Penalty for refuexcuse, shall forfeit and pay to the president and directors of the literary fund the sum of ten dollars; but no person appointed shall Exception. be liable to such penalty who has served one year.

ration courts,

5. Be it further enacted, That it shall be the duty of the justi- County and corpoces of each and every county and corporation court, having juris- when to appoint diction over the appointment of school commissioners, at their seve- school commissioners, and supply ral monthly terms appointed by law to be holden in the month of vacancies. June or July, to appoint to, and supply any vacancies in, a board of

Acts 1822-3, ch. 11, § 3 to 9, pp. 13, 14. Sections 1st and 2d, and preamble, inserted under title UNIVERSITY, post. ch. 32.

Penalty for neglect.

Restriction as to allowances to

school commis

school commissioners, whether such vacancy may have happened by removal, refusal to act, or from any other cause; and that the appointments of such commissioners shall be considered and taken to be an appointment to fill such vacancy to the end of the year for which the original appointment was made; and if the said justices shall fail to make such appointment in any year, each and every member of any court not having any reasonable excuse for such failure, shall forfeit and pay to the president and directors of the literary fund the sum of ten dollars.

6. Be it further enacted, That hereafter, no allowance shall be had, or admitted in favour of school commissioners, except for the sioners for expen- necessary and indispensable charges of stationery, clerk hire, and Their treasurer's a compensation to their treasurer, not exceeding two and a half per

ses.

compensation.

Attorney for commonwealth in superior court, to prosecute for breaches of this act.

cent.

7. And be it further enacted, That for all offences, penalties and forfeitures, created or declared under this act, it shall be the ex-officio duty of the attorney prosecuting the pleas of the commonwealth in the superior court of the county or corporation within which the offence may have happened, to prosecute for the commonwealth; which prosecution shall be commenced and proceeded in, at the public expense. And the said superior courts shall have cogniMode of proceed- Zance of the same, by information of the said attorney prosecuting, ing to be by infor- whose duty it shall be to file such information, with leave of the court, as in other cases.

Jurisdiction of superior court.

mation.

Repealing clause.

Commencement.

Loans to individu

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 passage thereof.

CHAP. 22.-Resolution concerning loans from the literary fund on private se

curity.*

(Agreed to by both houses, February 224, 1823.)

Resolved by the general assembly, That, in future, the president als on private se- and directors of the literary fund shall not, on any pretence what

curity not to be

made.

Where annual

quota of any county, &c. exceeds

one thousand dol

lars, treasurer of school commis

sioners shall give

bond and security in double the amount of such quota.

ever, lend any part of the permanent or disposable capital of the same, to any person or persons, body or bodies politic or corporate, on private security, unless specially authorized so to do by law; and farther, that, in relation to any such loans heretofore made, on which interest has not been, or hereafter may not be punctually paid, the said president and directors be, and they are hereby requested to proceed to enforce the collection thereof.

CHAP. 23.-An ACT to amend the act, entitled, " an act to reduce into one act the several acts concerning the literary fund."

(Passed February 4th, 1825.)

1. Be it enacted by the general assembly, That hereafter, whensoever the sum to be drawn by any one county, city, corporate. town or borough, as its quota or quotas due from the literary fund, and payable out of the annual appropriation of forty-five thousand dollars, to the primary schools, together with the sum remaining in the hands of the treasurer of the school commissioners in such county, city, corporate town or borough, shall exceed the sum of one

*Acts 1822-3, resolution no. 12, p. 122.

† Acts 1824-5, ch. 30, p. 26. Vid. 1 Rev. Code 1819, ch. 33, § 13, p. 87.

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