Miller School of Albemarle - Blue Ridge Blast Yearbook (Charlottesville, VA)

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employ some skillful and experienced architect to superintend the erection of the said building, 'who shall be paid a reasonable compensation for his services out of the profits of the trust fund created by this clause, and the said County Court is also hereby authorized and directed to appoint annually two respectable, intelligent and well-educated gentlemen to act as visitors of the said School during the year, who shall receive out of the profits of the trust fund reasonable compensation for their services, to be fixed by the said County Court, and whose duty it shall be to select and employ, whenever necessary, competent and suitable teachers for the said school Csubject, however, to the approval of the said County Courtj, to visit the said school quarter-yearly, examine into its condition minutely, and make written reports thereof to the said County Court. The School Commissioners of the said County of Albemarle, if any there be, and if there be none, then the Overseers of the Poor of the said County, shall, from time to time, select and designate the poor orphans and other children, of the description hereinbefore men- tioned, who shall be admitted into the said School, and shall determine the length of time they shall respectively continue there, and shall make written reports semi-annually of the said selections to the said County Court of Albemarle. The charges and expenses attending the establishment and support of the said School, including the purchase of land Cshould any be purchasedj, the erection of the buildings, the feeding, clothing and education of the pupils, the charges for medical attendance upon them, and everything incident to and connected with the School, shall, when examined, allowed and certified by the said County Court of Albemarle, be paid by the said Board of the Literary Fund, out of the income and prohts of the trust fund created by this clause, it being my will and intention that the P7'1'7'lC1'j7Gf of the said Fund shall remain untouched and inviolate. It is also my will, and I do hereby direct, that the Second Auditor Cwho by the Act of Assembly hereinbefore referred to, creating the said Board of the Literary Fund, is consti- tuted the accountant of the said Boardb shall open and keep a separate account of the Trust Fund created by this clause, to be denominated The Miller Fund, and shall annually, on the 3 Ist day of December, make out and render a true and accurate account of the said Fund, sho wing distinctly and in detail the disbursements and receipts on account of the same during the year immediately preceding, a copy of which account, verified by the oath of the Second Auditor, shall, as soon thereafter as may be, be delivered to the Governor of this Common- wealth for the time being, to be by him laid before the Legislature thereof, and another copy thereof verified in like manner, shall be published forthwith for one month, in two newspapers, one printed in the town of Charlottesville, in the said County of Albemarle, and the other in the City of Richmond, the cost of which publications shall be paid out of the profits and income of the said Trust Fund. In case any of the Stocks constituting said -Trust Fund shall at any time become un prof- itable, or of doubtful solvency, it shall -be the duty of the said Board of the Literary Fund to sell the same, and invest the proceeds as soon as practicable in the purchase of other Stocks, of profitable and safe character, to be held to the same trust and for the same purposes here- inbefore declared in this clause, and if the County Court of the County of Albemarle shall be of opinion that it is expedient to purchase other lands adj oining the two tracts abovemention- ed for the use of said School, I hereby authorize such purchase out of the profits of the said fund the land so purchased to be held as a part of said fund. It is further my will, that the pupils gedriniidilojghedy in a Cplaip, -siubsitntial and comfortable manner, and their health School hergnprovideccirfoif diiiislt iiidizljc ciiscci-illfiiflolgliwllielq iiecessaiyy while they Tefnam at instance out of the income, and fi A f - V IC 1 S la- be paid ami defrayed in every pro ts of thc T1 ust Fund hereinbefore provided for the found- 14 vc .. u i F S 1 it Tx at Si I i ti 2' ,. N ,Alu , 'I J ,1 3 ! v 1, f..

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E P if Q' 4 V 4- I I5tl1-LYNCHBURG FEMALE ORPHAN ASYLUM, tract of land, and... . 35151,500 16th-Four annuities amounting to 8550.00 per annum. 17th-JAMES NIILLER, to occupy farm for life. I8th1COUNTY OF CAMPBELL.. ............. IO 000 19th-DR. J. J. TERRELL. ...... 2 000 20th-CHISWELL DABNEY ...... . 2 000 2ISt1MAR'FHA, a former slave ..... 1 000 22d-CITY OF LYNCHEURG .................... .......... 2 0,000 23d-ANTOINE'FTE THAMMERSLEY ...... .................... 1 ,000 241311-LEMUEL G. VVIIITE, debt to be uncollected during life. 85,327,500 25th. All the rest and residue of my estate, not hereinbefore disposed of, whether real, per- sonal, or mixed, I give, bequeath and devise to The Board of the Literary Fund, Ca Cor- poration created by an Act to be found in the Code of Virginiaj, and to their successors for- ever, in trust, and for the uses and purposes following, and none other, that is to say: That they shall make sale of the property, with the exception of the tracts of land in the County of Albemarle, hereinafter mentioned, upon a reasonable credit, and invest the proceeds thereof in the purchase of some safe and profitable Stocks or securities Cpreferring those of the State of Virginia, or some City or Town therein, if to be hadj, and they, the said Board of the Liter- ary Fund, shall then hold the property devised and bequeathed in this clause, or the proceeds thereof, in trust, for the benefit of the County of Albemarle, in the State of Virginia, to be appropriated to the uses and purposes, and in the manner following, and none other, that is to say: That the said Board of the Literary F und, shall, through the agency of the County Court of the said County of Albemarle, appropriate the income and profits of Stocks and Securities, to be purchased as aforesaid, to the founding, establishment and perpetual sup- port of a School on the Manual Labor Principle, on the tract of land in the County of Albe- marle, purchased by me from john B. Speice, trustee of jesse Wood's Estate, or on the tract adjoining, purchased by me from Bolling Smith, the former residence of my mother, also situated in Albemarle County, to be superintended by a competent teacher or teachers, wherein, at all times there shall be fed, clothed and instructed in all the branches of a good, plain, sound English education, the various languages, both ancient and modern, agricul- ture, and the useful arts, and wholly free of expense to the pupils, as many poor orphan children and other white children whose parents shall be unable to educate them Cthe said orphans and other children being residents of the said County of Albemarlej, as the profits and income of the funds herein devised and bequeathed will admit of, or compass, regard being had to the cost of the buildings hereinafter directed to be built for the use of said school, and all other expenses incident to the execution of the said trust, including the purchase of additional land on which to erect said buildings, should such purchase be deemed necessary or expedient. It is also my will, and I do hereby direct, that out of the profits and income of the fund embraced in this clause, there shall be erected on the land so as aforesaid purchased by me from the said Speice, trustee, as aforesaid, or on the tract aforesaid, purchased of Bolling Smith, in the said County of Albemarle, such buildings of brick, or other durable materials, as shall be sufficient for the comfortable accommodation of one hundred pupils and their teachers, which buildings are to be kept constantly in good repair. The County Court of the said County of Albemarle is hereby authorized and directed to

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.- - ,45-- '--- --'-'- -' in-' f+v 4 -. ing and support ofthe School aforesaid. I also will and direct that the said pupils shall not be required to perform manual labor more than six hours out of every twenty-four hours, nor be treated with cruelty or severity. '54 Pk 'F if it at ik 3' My Executors are authorized and requested, if necessary, to petition the Legislature of Virginia for the passage of any laws which may be requisite for more effectually carryin g out the objects and purposes of this clause in regard to the School thereinmentioned. This rcsiduary clause embraces amongst other things the following stocks and bonds, to-wit: IVhcnever payment of the principal of any of the said stocks or bonds shall be made, I hereby direct that the proceeds shall be invested in securities of the same description, if to be had, and if not, then in other stocks or public securities, giving those of the State of Vir- ginia and other States of this Union the preference. As the provisions of this clause will impose upon the Second Auditor of this Commonwealth onerous and troublesome duties, for which it will be but just and reasonable that he should receive some extra compensation, it is my will that he shall receive for his services in that behalf, a commission of one per centum upon all the income of the Trust Fund, created by this clause, which shall pass through his hands. I likewise will and direct that all necessary buildings for mechanical or agricultural purposes shall be erected on either of the tracts of land mentioned in this clause, and kept constantly in good repair, that all necessary mechanical and agricultural implements shall be purchased for the use of the said School, that all necessary or proper inclosures and im- provements shall be put up or erected on said land, in the event of their being put under cultivation, and that such live-stock Csuch as horses, cattle, etc.D as shall be necessary, shall be purchased and kept on said lands, the cost of which buildings, improvements, implements, live-stock and repair, shall be paid out of the income of the Trust Fund created by this clause. No pupil selected by the School Commission of the County of Albemarle, or by the Overseers of the Poor of the said County, shall be admitted into said School, unless previously appointed by the County Court of said County of Albemarle. Extract from the Acts of the General Assembly of Virginia Clauses I and IV of Act approved February 24111, 1874, as amended and re-erracted by Act 7 approved April zd, 1877. I Clause I. The members of the Board of Education and their successors in ofhce, and the Second Auditor and his successor in office, shall be a corporation by the name of The Miller Manual Labor School of Albemarle, and shall have perpetual succession and a common seal, which it may alter and renew at pleasure, and may sue and be suedi implead and be impleaded, contract and be contracted with, purchase and take by grant, devise, or be- quest, and hold estate, real and personal, for the uses and purposes of the said manual lal: or school. Clause IV. The corporation created by Clause one, shall hold the legal title to all the property dedicated by the will of Samuel Miller, and by the compromise aforesaid, to the said manual labor school, and all other property hereby acquired by it for the use and benefit of said school. The Board of Education shall discharge, in respect to the said fund, all the duties devolved, and shall exercise all the powers conferred by said twenty-fifth Clause of said will upon the Board of the Literary Fund. The Second Auditor shall discharge all the 15 V W V ' ,Q-U ,.,,,r,.-T- :+..' 4, -..-....--' . ,rs