ART. 77] COUNTY SCHOOL COMMISSIONERS——SCHOOL TAX. 1723

The legislature may authorize the county commissioners, they being a
public corporation, to lease a building for school purposes. Webster v. Cam-
bridge Seminary, 78 Md. 210.

The county school commissioners are the proper parties to demand the
performance by the county commissioners of their duty to levy taxes under
section 60. Worcester County v. School Commissioners, 113 Md. 312.

Cited but not construed in School Commissioners v. Goldsborough, 90 Md.
203.

1904, art. 77, sec. 25. 1888, art. 77, sec. 22. 1872, ch. 377. 1904, ch. 584.

26. The state school tax and free school fund are primarily
intended, under this article, to pay the salaries of the teachers of the
several counties and to provide school books and stationery for the chil-
dren of the State; if, however, in apportioning the said school tax
among the different counties and the city of Baltimore, the share of any
county should prove inadequate for the purposes aforesaid, then the
county commissioners of such county are hereby authorized, empow-
ered, directed and required to levy and collect such a tax upon the
assessable property of such county as the board of county school com-
missioners shall designate to make good the deficiency; provided, that
said tax shall not exceed fifteen cents on the hundred dollars, unless
the county commissioners shall approve and sanction an additional tax;
taxes so levied and collected shall be paid quarterly, on the day fixed
for payment of the state school tax to the several counties (but the
proceeds from special taxes may be paid oftener, upon the order of the
board of county school cmmissioners to the treasurer of said board of
county school commissioners) in order that the schools of said counties
may be kept open for time herein set forth, and said tax shall be levied
and collected as other taxes; any sums of money which may have been
specially collected or levied on any election or school house district for
educational purposes connected with these districts shall be collected for
and applied to the purposes so intended originally, and shall be used
for no other purpose; and if said funds have been used otherwise they
shall be returned and applied as aforesaid.

The duty of the county commissioners to levy the sum demanded by the
school commissioners up to fifteen cents on the hundred dollars, is imperative.
The county commissioners can not withhold any portion of the levy, nor
reduce the amount. When mandamus will lie. School Commissioners v.
Gantt, 73 Md. 523; Worcester County v. Melvin, 89 Md. 41.

The county school commissioners are the proper parties to demand the
performance by the county commissioners of their duty to levy taxes under
section 60. Worcester County v. School Commissioners. 113 Md. 312.
See sec. 135.

Ibid. sec. 26. 1888, art 77. sec. 23. 1872. ch. 377.

27. In all cases where the county has not been properly divided
into school districts, and full records of the boundaries thereof have
not been made and recorded, the board of county school commissioners
shall appoint a committee, if in their opinion they deem it necessarv.
consisting of three persons of intelligence and sound judgment, who
shall divide the county into suitable school districts, define and describe
the boundaries of each; provided that no school district shall contain a