this act, and its approval by the mayor or passage over his veto, or upon the entry of the court order, in lieu of such ordinance, as prescribed by said section six, it shall be the duty of the corporation court of such city (or, if there be none, then of the circuit court having jurisdiction over such city), or of the judge of such court in vacation, to forthwith enter an order upon the records of such court directing the holding within not less than twenty nor more than thirty days next after the date of such order of a special election in such city at which all the members of both chambers of the new city council shall be elected. Such orders, shall designate the number of councilmen and aldermen for whom the electors in each ward shall be entitled to vote, and shall designate the day upon which such election shall be held. 10. It shall be the duty of the sergeant of such city to promptly publish notice of such special election in accordance with the said order of the court or judge by posting the same for not less than twenty days at each polling place in such city and at the door of the city hall, and by publishing the same for at least two weeks in every issue during that period of some newspaper of general circulation published in such city, if there be any, the reasonable cost of which publication shall be certified by the sergeant to the city council, which shall provide for the payment thereof out of the city treasury. 11. Except as otherwise expressly provided herein such special election shall be held by the same officers and in the same manner, and its results ascertained, certified, and recorded, and the expenses thereof borne and paid, in the same manner as in the case of regular municipal elections; and the person elected thereat shall, within five days next after such special election, qualify before the mayor of such city or the judge of the corporation court, or of the circuit court, having jurisdiction over such city, and shall hold their respective offices until the next regular election for the members of the city council and until the city council elected at such next regular election shall go into office. Should any person elected at such special election fail to qualify within the said period of five days, his office or seat shall thereupon become vacant, and shall, at the first meeting of the chamber to which he was elected, be filled by those members thereof who shall have qualified within said period, whether such members constitute a majority of the membership of such chamber or not. Should all of the members of either chamber fail to qualify within the said period of five days, then the entire membership of such chamber shall forthwith be filled by appointment of the judge of the corporation court of such city, or if there be no such court, then by the appointment of the judge of the circuit court having jurisdiction over such city. The old council existing at the time of such transition shall cease to exist, and shall become functus officio at the end of five days next succeeding such special election; and the new council shall then forthwith go into office and organize, and thereafter, except as herein otherwise expressly provided, such new council shall have all the powers and be subject to all the provisions of law applicable to two chambered councils elected at regular elections. 12. At the first regular election for members of the city council held after such transition all the members of both chambers of the new coun cil shall be elected, and shall go into office on the first day of the next succeeding September; and at the first meeting of such new council after such regular election each chamber shall make provision for the subsequent election, every two years, of one-half of the membership of such chamber in the manner prescribed by the general law for the first assemblying of city councils after the twentieth day of May in the year one thousand nine hundred and three. 13. Except as otherwise provided in this act, the mayor, city council, and all public officers existing at the time of such transition shall thereafter continue to exercise their functions until their successors shall have been elected, or appointed, and qualified. 14. Where any office not theretofore elective by the people shall by reason of such transition become so elective, then (unless in the meantime, and after such transition, such office shall have been filled at the regular election therefor by the people) the new city council shall by a majority of vote on joint ballot, at its first session, fill such office until the next regular election by the people for such office. 15. This act shall not apply to any city whose government has heretofore been fully organized under special act as that of a city of the firstclass, nor shall sections five, six, eight, nine, and ten of this act apply to any city which at the time of such transition may already have a council composed of two chambers. 16. Existing conditions create an emergency, necessitating the prompt going into effect of this act; therefore this act shall be in force from its passage. CHAP. 33.-An ACT to amend and re-enact section 1429 of the Code of Vir. ginia as the same has been amended by chapter 509 of the acts of 1902'3-4. Approved February 19, 1906. 1. Be it enacted by the general assembly of Virginia, That section fourteen hundred and twenty-nine of the Code of Virginia as the same has been amended by chapter five hundred and nine of the acts of one thousand nine hundred and two, one thousand nine hundred and three, one thousand nine hundred and four, be amended and re-enacted so as to read as follows: State board of education.-The State board of education shall be a corporation by that name, and shall consist of the governor, the attorney-general, the superintendent of public instruction, and three experienced educators, to be elected quadrennially by the senate from a list of eligibles, consisting of one from each of the faculties, and nominated by the respective boards of visitors or trustees of the university of Virginia, the Virginia military institute, the Virginia polytechnic institute, the State female normal school at Farmville, the school for the deaf and the blind, and also of the college of William and Mary (so long as the State shall continue its annual appropriation to the last named institution), together with two division superintendents of schools, one from a county and one from a city, to be selected by the board composed of the governor, the attorney-general, the superintendent of public instruction, and three experienced educators elected by the senate as herein provided, said division superintendents to have powers and duties identical with those of the other members, except participation in the appointment of any public school official. Terms of members.-The terms of the three members elected by the senate shall be four years: provided, they continue so long on the list of eligibles. The terms of those first elected shall date from March one, one thousand nine hundred and three. The senate shall elect their successors at the session of the general assembly which begins next before the expiration of the term of the members of the board so elected by the senate, and so on from term to term of the members so to be elected. The term of the two division superintendents first selected after the passage of this act shall be two years from the first day of April, nineteen hundred and six: provided, they hold the office of division superintendent so long, and, within thirty days before the expiration of their term every two years thereafter, the appointing board herein provided shall select their successors, whose term shall be two years from the first day of April following their appointment; the terms of those now in office shall continue until the first day of April, nineteen hundred and six. Qualification. Before entering upon their duties all the members of the board, except the governor, the attorney-general, and the superintendent of public instruction, shall take and subscribe the oaths prescribed by the Constitution before any officer authorized to administer oaths, and said officer shall certify the same; a minute of their qualification shall be entered in the proceedings of the board, and the oaths shall be returned as required by law as to the oaths of other State officers. Vacancies in the board.-Any vacancy occurring during the term of any member of the board, except that of the governor and the attorneygeneral, shall be filled for the unexpired term by the board. President of the board. The superintendent of public instruction shall be ex-officio president of the board, and in his absence the members present shall elect a president pro tempore. Quorum.-A majority of the members shall constitute a quorum for the transaction of business. 2. The necessity for removing all doubt about the right of the senate. to elect members of the State board of education at the present session creates an emergency, and this act shall be in force from its passage. CHAP. 34.-An ACT to authorize the school board of Christiansburg district, No. 4, of the county of Montgomery, to borrow money for the purpose of erecting and furnishing a schoolhouse in or near the town of Christiansburg, and to provide for the payment of the amount which may be borrowed. Approved February 19, 1906. 1. Be it enacted by the general assembly of Virginia. That the school board of Christiansburg district, number four, of the county of Montgomery, may borrow not exceeding eight thousand dollars ($8,000.00), for the purpose of erecting and furnishing a schoolhouse in or near the town of Christiansburg. 2. That said board shall issue its bond or bonds for the money borrowed, payable at such time or times as may be agreed upon, not exceeding fifteen years after their issue, bearing interest not exceeding the legal rate, and payable annually or semi-annually, as may be agreed upon. Such bond or bonds shall be signed by the chairman and attested by the clerk of said board, and countersigned by the chairman of the board of supervisors of said county, sealed with the county seal, attested by the county clerk. 3. From the school levy for said district there shall be paid, as it matures, the interest on the bonds hereby authorized, and there shall be set aside annually as a sinking fund such a sum as will provide for the payment of the principal when it matures. Such sinking fund shall be invested in the bonds hereby authorized, or in such other securities as the said board may, with the approval of the division superintendent of schools for said county, select. 4. The said board shall annually report to the board of supervisors of said county the amount of the debt outstanding and the amount and condition of the sinking fund. 5. An emergency existing, in this that the arrangements for the erection of the schoolhouse should be promptly made, in order to have it ready for the next session, this act shall be in force from its passage. CHAP. 35.-An ACT to authorize the town of Boydton, Virginia, to issue bonds not to exceed four thousand dollars, and to secure the payment thereon by a deed of trust conveying its lot of land with town hall thereon. Approved February 19, 1906. Whereas the town council of the town of Boydton has heretofore purchased of C. Haskins and had conveyed to the said town a lot on the north side of Madison street, in the said town, and has contracted for the erection upon said lot of a town hall for said town, which said building is now in process of construction and nearing completion; and Whereas the said council has borrowed the sum of four thousand dollars with which to aid in the erection of said hall of W. E. Homes (with the understanding embraced in a resolution of said council unanimously adopted and spread upon its minutes), that said Homes should have a lien upon the said lot and the said building now in process of erection thereon; now, therefore, 1. Be it enacted by the general assembly of Virginia, That it shall be lawful for the town of Boydton, and it is hereby authorized in order to carry out the understanding aforesaid with W. E. Homes, and to secure the payment of the four thousand dollars aforesaid and interest thereon, to issue coupon or registered bonds in sums not less than one hundred dollars each, and not to exceed in the aggregate the sum of four thousand dollars, to bear interest at a rate not to exceed six per centum per annum, payable semi-annually. Said bonds may be made payable and may be redeemable, at the option of the council, at such time as the council may declare on the face of each bond. The said bonds shall be signed by the town of Boydton, by its mayor, and attested by the treasurer of said town, with a scroll or circle of ink attached thereto as and for the seal of said town, and the coupons shall each bear the signature of the treasurer of said town signed thereto. The said bonds shall be exempt from any and all taxation by the town of Boydton or the town council. 2. That the council of said town may secure the payment of the principal and interest of said bonds by a deed of trust upon the lot aforesaid and building thereon, the said deed of trust to be executed by the said town through its mayor with a scroll or circle of ink attached thereto as and for the seal of the said town. 3. That the council of said town is hereby authorized if, in the judgment of said council, it be necessary or proper, annually to levy and collect. taxes sufficient to pay the interest on all bonds issued under this act, and the said council shall provide for the payment of the principal of said bonds when the same shall mature and become payable, and, in their discretion, may create a sinking fund, to be applied to the redemption and payment of said bonds. 4. The necessity existing for the carrying out of this act produces an emergency; therefore this act shall be in force from its passage. CHAP. 36. An ACT to repeal an act of the general assembly of Virginia, approved February 20, 1900, entitled an "act to provide for the working and keeping in repair, opening, and discontinuing the public roads in the county of Brunswick, and for the building and keeping in repair the bridges in the said county." Approved February 19, 1906. 1. Be it enacted by the general assembly of Virginia, That an act of the general assembly of Virginia approved February twentieth, nineteen hundred, entitled an "act to provide for the working and keeping in repair, opening, and discontinuing the public roads in the county of Brunswick, and for the building and keeping in repair the bridges in the said county," be, and the same is hereby, repealed. 2. This act shall be in force at the end of ninety days from the adjournment of the session of the general assembly. CHAP. 37.-An ACT to authorize the city of Portsmouth to issue bonds to continue its sewerage and for street improvement. Approved February 19, 1906. 1. Be it enacted by the general assembly of Virginia, That the council of the city of Portsmouth be, and it is hereby, authorized, in order to continue the sewerage in said city and for the further improvement of |