1604

CAROLINE COUNTY.

school fund of said county, for their respective districts, any

Quorum.

three of whom shall constitute a board, competent to the transac-
tion of all the business and the exercise or performance of all the
powers and duties devolved upon said district commissioners,

Vacancies.

by this act ; and that in the event of any vacancy therein, oc-
curring in any of said boards of district commissioners, by the
death, resignation or removal from the district, or refusal to
act, of any of said commissioners, or by their removal from
office as herein after authorized, it shall be the duty of the
justices of the orphans court of Caroline county for the time
being, to appoint immediately, if then in session, or if not, then
at their next regular or adjourned session thereafter, some
suitable person or persons, as the case may be, to fill such
vacancy.

Present
commis-
sioners to
report

SEC. 2. And be it further enacted That it shall be the duty
of the present commissioners of the free or charity school fund,
for the several districts of Caroline county, to report to the
orphans court of said county, at or before its next June session,
the amount of said fund, if any remaining unexpended in their
hands, and to pay over the same to said justices for the use of
the respective districts of said commissioners; and that if said
board of commissioners, or any of them fail or refuse to account
with said court at or before said session, for the amount of the

Pay over.

said fund heretofore placed in their hands, or to pay over what
may remain unexpended in their hands, the said justice may
sue for and recover by action of debt in the name of the state,
in the county court or before any justice of the peace and for
the use of the district for which such commissioners were ap-
pointed, against such delinquent commissioners, any balance
of said funds which may remain in their hands unexpended, in
which action the same proceedings may be hud as in actions
for the recovery of small debts before a single justice of the
peace or the county court, as the case may be.

Ascertain
what has
been paid.

SEC. 3. And be it further enacted, That at the next June
session, of the orphans court of Caroline county, or as soon
thereafter as practicable, it shall be the duty of the justices of
said court, to ascertain and determine what amount of the said
free school fund, for Caroline county, which was received in
any year preceding the year eighteen hundred and thirty-four,
remains unappropriated and uninvested, and also in what pro-
portions the same is due to the several districts of said county,
under the distribution of said fund, as directed by the eighth
section of the act of eighteen hundred and twenty-one, chapter
one hundred and thirty-nine ; and if the said fund remains in
their hands, the said justices are hereby authorized and directed

Place the
funds,

to place the amount due to the several districts, subject to the
order of their respective commissioners under this act ; and if