SCHOOLS.

1807

county, in which action the same proceedings shall be bad,
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.

SEC. 8. Be it further enacted, That if the said commis-
sioners fail or neglect to make the report of their proceedings,
as required by the next preceding section of this act, the
orphans court of said county shall remove the delinquent com-
missioners from office, and shall appoint others in their stead ;
and it shall be the duty of the said court, and they are hereby

Case of
failing to
report, &c.

authorized and required, to institute suit in the name of the
state, for the use of the district of said commissioners, against
such delinquent commissioners, or any of them, in Caroline
county court, for all moneys paid under the order of said com-
missioners, or any of them, which action shall be tried at the

Removal.

%

first session of said court, after the institution thereof, and in
which the said justices shall recover, for the use of the district,
from said commissioners, or from any of them, under whose
order the same was paid, all moneys paid under their order,
for which accounts, properly verified as aforesaid, are not pro-
duced by the commissioners giving said oiders, and in such
actions against the delinquent commissioners, or any of them.

Suit.

the court shall give judgment for the amount found due, al-
though under the sum of fifty dollars, with costs of suit; and
if, upon the trial of any such action or actions, it should appear,
from the accounts produced by such commissioner or commis-
sioners, that there is nothing due from them, the court shall
nevertheless render judgment against them for costs of suit ;
and on any judgment obtained in the name of the state under
the provisions of this section, the justices of the orphans court,
for the time being, may sue out the same process of execution

Judgment.

or attachment, which may be had on the common law judg-
ments in said court.

Attachment

SEC. 9. And be it further enacted That at the June session
of the orphans court of Caroline county, in each year, if it shall
appear to said court, upon the reports rendered to them by the
several boards of district commissioners, that there is any part
of the money placed to the credit of the commissioners of any
distiict remaining unexpended after payment of all orders
which may have been given by the commissioners for such dis-
trict, it shall be the duty of the said court, for the time being,
at the request or upon the written application of the commis-

Case of
balance on-
expended.

sioners for said district, to invest such unexpended balance in
bank stock or in some mode which they may deem safe and
secure, in their name, for the use and benefit of said district ; and

Investment.

that if no such request or application be made to said court,
at its said session, it shall then be the duty of said court to pass
over such balance to the credit of the commissioners for the

Otherwise.