Sec. 786. Powers and duties of boards of trustees; qualifications of trustees, and so forth; a corporation.

Every school trustee shall, at the time of his appointment, be a resident of the school district for which appointed, and if he shall cease to be a resident thereof, his office shall be deemed vacant. Before entering upon the discharge of the duties of his office he shall take and subscribe the oaths prescribed for officers of the State before the corporation or the circuit court; or, in vacation, before the judge or clerk of said court, and the clerk of the said court shall make in his record book a minute of the qualification of said trustee.

No State officer, except a notary public, no city officer, no member of council, or any officer thereof, shall during his term of office be chosen or allowed to act, as a school trustee; but this provision shall not have the effect of prohibiting a referee in chancery or commissioner in bankruptcy, or member of the board of health, from holding such office. The city school board of every city shall establish and maintain therein a general system of public free schools in accordance with the requirements of the Constitution and the general educational policy of the Commonwealth, for the accomplishment of which purpose it shall have the following powers and duties:

First. To explain, enforce, and observe the school laws, and to make rules for the government of the schools, and for regulating the conduct of pupils going to and returning therefrom.

Second. To determine the studies to be pursued, the methods of teaching, and government to be employed in the schools, and the length of the school term.

Third. To employ teachers from a list or lists of eligibles to be furnished by the division superintendent and to dismiss them when delinquent, inefficient, or in any wise unworthy of the position; provided, that no school board shall employ or pay any teacher from the public funds unless the teacher shall hold a certificate in full force, according to the provisions of section six hundred and eighty-eight of the laws relating to the public free schools in counties; and provided, further, that it shall not be lawful for the school board of any city or of any town constituting a separate school district to employ or pay any teacher from the public funds if said teacher is the father, mother, brother, sister, wife, son, or daughter of any member of said board. Fourth. To suspend or expel pupils when the prosperity and efficiency of the school make it necessary.

Fifth. To decide what children, wishing to enter the schools of the city, are entitled by reason of the poverty of their parents or guardians to receive text-books free of charge, and to provide for supplying them accordingly.

Sixth. To establish high and normal schools and such other schools as may, in its judgment, be necessary to the completeness and efficiency of the school system.

Seventh. To see that the census of children required by sections six hundred and fifty-three and six hundred and fifty-four is taken within the proper time and in the proper manner.

Eighth. To hold regular meetings and to prescribe when and how special meetings may be called.

Ninth. To call meetings of the people of the city for consultation in regard to the school interests thereof, at which meetings the chairman or some other member of the board shall preside if present.

Tenth. To provide suitable school houses, with proper furniture and appliances, and to care for, manage, and control the school property of the city. For these purposes it may lease, purchase, or build such houses according to the exigencies of the city and the means at its disposal. No shcool house shall be contracted for or erected until the plans therefor shall have been submitted to and approved in writing by the division superintendent of schools, and no public school shall be allowed in any building which is not in such condition and provided with such conveniences as are required by a due regard to decency and health; and when a school house appears to the division superintendent of schools to be unfit for occupancy, it shall be his duty to condemn the same, and immediately to give notice thereof, in writing, to the chairman of the school board, and thenceforth no public school shall be held therein, nor shall any part of the State or city fund be applied to support any school in such house until the division superintendent shall certify, in writing, to the city school board that he is satisfied with the condition of such building and with the appliances pertaining thereto.

Eleventh. To visit the public free schools within the city, from time to time, and to take care that they are conducted according to law, and with the utmost efficiency.

Twelfth. To manage and control the school funds of the city, to provide for the pay of teachers and of the clerk of the board, for the cost of providing school houses and the appurtenances thereto and the repairs thereof, for school furniture and appliances, for necessary textbooks for indigent children attending the public free schools, and for any other expenses attending the administration of the public free school system, so far as the same is under the control or at the charge of the school officers.

Thirteenth. To examine all claims against the school board, and when approved, to pay the same; provided, that a record of such. approval shall be made in the proceedings of the board, and a warrant on the city treasurer, shall be drawn, signed by the chairman of the board and countersigned by the clerk thereof, payable to the person or persons entitled to receive such money, and stating on its face the purpose or service for which it is to be paid, and that such warrant is drawn in pursuance of an order entered by the board on the.. day of......

Fourteenth. It shall be the duty of the school board of every city, once in each year, and oftener if deemed necessary, to submit to the

council, in writing, a classified report of all expenditures and a classified estimate of what funds will be needed for the proper maintenance and growth of the public schools of the city, and to request the council to make provision by appropriation or levy, for the same.

Fifteenth. To perform such other duties as shall be prescribed by the state board of education or are imposed by other parts of this chapter. City school boards shall in general have the same power in relation to the condemnation or purchase of land and to the vesting of the title thereof, and also in relation to the title to and management of property of any kind applicable to school purposes, whether heretofore or hereafter set apart therefor, and however set apart, whether by gift, grant, devise, or any other conveyance and from whatever source, as county and district school boards have in the counties. They shall also have a clerk, who may or may not be a member of the board and who shall be charged with the same duties as the clerk of district school board, and whose salary shall be fixed by the board.

(1920, p. 70. In force June 18, 1920.)

Formerly section 1538, Code 1904. Cited but not construed, School Board v. Alexander, 126 Va. 407, 101 S. E. 349.

Sec. 811. Formerly section 1546, Code 1904, cited but not construed. School Board v. Alexander, 126 Va. 407, 101 S. E. 349.

Sec. 853. Payment of interest on certain obligations; to whom paid; what institutions to receive money under act of Congress approved August thirtieth, eighteen hundred and ninety.

The general assembly having accepted the donation of lands proffered to Virginia by the act of Congress of July second, eighteen hundred and sixty-two, with the conditions and provisions therein contained; and, The authorities of the State having received from the government of the United States the land script it was entitled to under said act of Congress; and,

The board of education having, in conformity with the acts of February seventh, eighteen hundred and seventy-two, and March nineteenth, eighteen hundred and seventy-two, made sale of the scrip and invested the proceeds in the purchase of State bonds, which were directed to be set apart and to constitute an education fund, the annual interest whereof was to be apportioned as follows, that is to say: One-third thereof to the Hampton Normal and Agricultural Institute, and two-thirds thereof to the Preston and Olin Institute, on certain conditions in said act of March nineteenth, eighteen hundred and seventy-two, named, one of which was that the name of the said Preston and Olin Institute should be changed to the Virginia Agricultural and Mechanical College, which was done accordingly; and, The general assembly having by act of February twenty-sixth, eighteen hundred and seventy-seven, directed the bonds aforesaid to be turned over to the second auditor, who was required, in lieu of the same, to substitute a statement prepared and signed in duplicate by the treasurer and countersigned by the second auditor, showing the number,

size and character of said bonds, with the amount of interest due on them, severally, with statement was to have all the validity and force of the bonds themselves, and that the accruing interest should be paid in accordance with the acts already referred to, all of which has been done; and

The name of the said college having been further changed by an act approved March fifth, eighteen hundred and ninety-six to the Virginia Agricultural and Mechanical College and Polytechnic Institute; and, The Commonwealth of Virginia having withdrawn its former appropriation to the said Hampton Normal and Agricultural Institute:

It is hereby enacted that the annual accruing interest aforesaid shall henceforth until otherwise provided by law be paid as follows; that is to say: One-third thereof to the Virginia Normal and Industrial Institute, located near Petersburg, Virginia, and two-thirds to the board of visitors of the Virginia Agricultural and Mechanical College and Polytechnic Institute, in the county of Montgomery.

And the general assembly of Virginia having by act approved February twenty-third, eighteen hundred and ninety-four, assented to the grants of money made under and in accordance with the act of Congress, approved August thirtieth, eighteen hundred and ninety, in which said act of assembly it was proposed and reported to the honorable secretary of the interior of the United States that thereafter the funds to be paid to the State under said act of Congress be apportioned between the Hampton Normal and Industrial Institute and the Virginia Agricultural and Mechanical College in the ratio of one-third to the former and two-thirds to the latter, it is hereby enacted that the general assembly doth withdraw its said proposal to the secretary of the interior and in lieu thereof the general assembly doth propose and report to the said secretary that hereafter the funds to be paid this State under said act of Congress be apportioned between the Virginia Normal and Industrial Institute and the Virginia Agricultural and Mechanical College and Polytechnic Institute in the ratio of one-third to the former and two-thirds to the latter, the same being a just and equitable apportionment. The auditor of public accounts shall receive from the secretary of the interior of the United States such sums of money as shall be allotted to Virginia, under and in accordance with the act of Congress aforesaid, approved August thirtieth, eighteen hundred and ninety, and shall pay over the same as follows, that is to say: One-third thereof to the treasurer of the Virginia Normal and Industrial Institute, and two-thirds thereof to the treasurer of the Virginia Agricultural and Mechanical College and Polytechnic Institute, who shall receive and disburse the same as required by section two of the act of Congress aforesaid.

(1920, p. 492. In force December 1, 1920.)

Sec. 870. For article on "Delegation of Power to Boards and Commissions, see 6 Va. L. R. (N. S.) 801.

Sec. 872a (12-B). Farmers may have products inspected by crop pest commission.

Any person growing Irish or sweet potatoes for seed or other similar farm products, may have such seed or products inspected by applying to the crop pest commission for an inspection of the same with reference to the presence of insect pests or diseases liable to prevent the use of such plants, agreeing in the application to pay the expenses of the inspection, and upon receipt of such application and agreement, or as soon thereafter as may be conveniently practicable, the crop pest commission may comply with such request, and upon receipt of the expenses of the inspection, shall issue to the applicant a certificate showing the conditions found.

(1922, p. 590. In force June 18, 1922.)

The number of the above section was inserted by the editor. The act is pecular in that it amends the Act of 1903 which was repealed by section 6567 of the Code.

Sec. 882. Unlawful to dispose of nursery stock until a certificate of registration is obtained; fee of auditor; expiration of certificate. From and after the first day of September, nineteen hundred and twenty, it shall be unlawful for any person, persons, firm or corporation, either for himself or as agent for another, to offer for sale, sell, deliver or give away, within the bounds of this State, any plants, or parts of plants, commonly known as nursery stock, unless such person, persons, firm or corporation shall have first procured from the auditor of public accounts a certificate of registration, which certificate shall contain such rules and regulations concerning the sale of nursery stock as the board of crop pest commissioners may prescribe and be approved and countersigned by the State entomologist, who shall have full power, and is hereby authorized ond required to cancel and withdraw any certificate upon satisfactory evidence that any of the rules and regulations governing the sale of nursery stock within this State have been violated by the holder of the same. The auditor of public accounts shall not issue any certificate of registration except upon the payment of the sum of ten dollars for each nurseryman or dealer, and one dollar additional for each agent of such nurseryman or dealer, and shall forward all certificates to the State entomologist for his approval before allowing the same to the party making application therefor, and all such certificates. as may be granted shall expire and become null and void one year from date of issue thereof, and any person, persons, firm or corporation, either for himself or as agent for another, shall sell, offer for sale, deliver, or give away any plants or parts of plants commonly known as nursery stock without having in his possession a certificate of registration as herein provided for, or without exhibiting a copy of the same to each and every person to whom he shall sell, or offer to sell, deliver, or give away any such plants, or parts of plants, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished