2066

MONTGOMERY COUNTY.

right and proper, and the said managers shall each receive the
same per diem compensation and itinerant allowance as the
said commissioners are authorized to receive for each and
every day the said managers shall meet fur the transaction of
business, and for each and every duy such manager may attend

As current
expenses.

the public meetings of the citizens of his district as herein
before authorized and directed, and the whole of the said
allowances and charges for compensation, shall be considered
a part of the current expenses of the primary schools of said
county, and shall be paid out of the moneys received for such
schools.

Appeal pro-
vided.

SEC. 28. Ami be it enacted, That if any collector appointed,
or acting under the provisions of this act, shall, in any case,
collect more than is due, the person aggrieved shall have his
remedy against such collector, by suit or warrant, and if he
recover, he shall have judgment for double the amount im-
properly and unjustly extorted from him, and costs.

Cage of
neglecting
to pay over.

SEC. 29. And be it enacted, That if any treasurer, or col-
lector, having funds in his hands, or neglecting, or refusing to
obtain such funds as by law authorized and directed, shall
refuse to pay, for two weeks, any order of the said managers,

Penalty.

or either of them, such treasurer, or collector shall be liable
on proof thereof, before any court, or justice of the peace,
having cognizance, and without stay of execution, to pay the
full amount of said order, and interest thereon, at the rate of
twelve per cent, per annum, from the first refusal till the day
of payment, by way of damages.

Vote on
adopting
common
schools or
primary
schools.

SEC. 30. And be it enacted, That the provisions of this act
shall only apply and be enforced in those election districts of
said county, which have or may hereafter adopt the primary
school system; and if at any time one hundred or more of the
citizens of any election district which has not already adopted
the primary system, shall, in writing, so request the manager
of said district, shall call a public meeting, as herein before
directed, and shall open polls from 10 o'clock, A. M., to six
o'clock, P. M., and take the ballots of the qualified voters of
such district, and on the said ballots shall be printed or writ-
ten 'common schools,' or 'primary schools,' and if the majority
of said votes be in favour of the common schools, the same
shall be continued ; but if the majority be in favour of primary
schools, they shall be adopted, and the provisions therefor, as
herein contained, shall be carried into effect in said district.

Case of
district not
adopting
school.

SEC. 31. And be it enacted, That in any district which has
not adopted the primary school system, and until such district
shall agree and determine so to do, the money apportioned to
such district shall be applied in the same manner as required
by the act passed December session, eighteen hundred and