SCHOOLS.

1805

the said fund is not under the immediate control of the said
justices, but has been lent to or placed in the hands of any one
of the justices or of any other person, the said justices are

hereby authorized and required to call in the same immedi-
ately, and place it to the credit of the said commissioners as

Call in.

above directed, and if necessary for that purpose, to sue for
and recover the same with interest as herein after allowed, in
the name of the state, by action of debt, in Caroline county
court ; and if said fund or any part of it has been retained by
any judge of said court, when any proportion of it was actually
wanted by any of said districts to which it was due, such

Sue for.

judge shall pay interest thereupon, from the time when he
was apprised that it was so wanted, and neglected or refused
to pay it over.

Recover
interest.

SEC. 4. And be it further enacted, That it shall be the duty
of the several boards of district commissioners appointed under
this act, at their first meeting after their appointment, or as
soon thereafter as may be practicable, to ascertain and determine
the amount of unsettled claims, if any such exist upon the said
free school fund at any time before their appointment, and
which are properly chargeable upon said fund, and to give

Ascertain
claims.

orders for the payment of the same, out of any surplus funds
belonging to said district which may remain unexpended in the
hands of the orphans court, or of any judge thereof, which
order shall be directed to the justices of said court, and shall be
paid by them out of said funds; and that if after paying all un-
settled claims, there shall remain in the hands of the orphans

Order pay-
ment.

court or of any judge thereof, a surplus of the funds due to any
district for any year prior to the year eighteen hundred and
thirty-four, the commissioners of said district may in their dis-

Case of
surplus.

cretion appropriate such portion thereof as they may deem
proper, to the repairs of the school-houses in their respective
districts.

Applied.

SEC. 5. And be it further enacted, That at the next June
session of the orphans court of Caroline county, and annually
thereafter at the June session, of said court, it shall be the
duty of the justices of said court, for the time being, to divide
in equal proportions amongst the several election districts of
said county, all the dividends or interest on the investments of
the free school fund of said county heretofore made, which
have accrued, and all moneys received by said court, from the
treasurer of the western shore, for and on account of said fund,
and to place the proportion of said fund, so allotted to each dis-
trict, subject to the order of the board of commissioners for said
district; and that it shall be the duty of said court immediately

Annual di-
vision of
funds.

after such division has been made, to give notice in writing to
the several boards of district commissioners, of the amount so
placed to their credit, for their respective districts.

Notice.