ART. 77] COUNTY SCHOOL COMMISSIONERS——DISTRICT TRUSTEES. 1725

1904, art. 77, sec. 28. 1888, art. 77, sec. 25. 1872, ch. 377. 1S92. ch. 341.
1898, ch. 445.

29. In case of the death of any county school commissioner, or his
resignation or removal from the county or disqualification from any
legal cause during the recess of the general assembly, the governor
shall have power to appoint a qualified person to fill the vacancy for
the unexpired term; in case of inefficiency, refusal to act or breach of
trust, the board may by a vote of a majority of its members, declare
the office vacant and give notice to the party concerned. An appeal
may be taken to the State board of education, whose decision shall be
final, but if no appeal be taken within ten days the vacancy shall be
filled as hereinbefore provided.

When a vacancy exists. If there is no vacancy, there can be no appoint-
ment. When the governor is authorized to fill a vacancy for the balance of an
unexpired term, such appointment is not within the state constitution, article
2, section 11, providing that the commissions of officers appointed during the
recess of the legislature, shall only continue in force until the end of the
next session. Unless there Is some law to the contrary, an officer who is
appointed for a definite term, holds over until his successor qualifies. When
an appointment is made to fill a vacancy, the appointee holds in the same
manner as the person whose place he takes. Ash v. McVey, 85 Md. 126;
School Commissioners v. Goldsborough, 90 Md. 204.

Mandamus is the appropriate remedy to obtain possession of an office;
powers and rights of a de facto officer. School Commissioners v. School
Commissioners, 77 Md. 288.

The members of the board of county school commissioners are not "civil
officers" within the meaning of article 2, section 15, of the state constitution,
and hence, prior to the act of 1900, ch. 29, they were not subject to removal
by the governor. School Commissioners v. Goldsborough. 90 Md. 198.
See sections 6 and 11 and notes.

Ibid. sec. 29. 1888, art. 77, sec. 26. 1872, ch. 377.

30. No teacher, in actual employment as such, shall fill the posi-
tion of county school commissioner.

Chapter 5. District School Trustees.

Ibid. sec. 30. 1888. art. 77, sec. 27. 1870, ch. 311. 1872, ch. 377,
sub-ch. 5, sec. 1. 1874, ch. 463. 1904, ch. 584.

31. The board of district school trustees shall have the care of
houses and lands connected therewith intended for school purposes, also
furniture, apparatus and other school property; they shall attend to all
repairs and charge the cost among the incidental expenses of the school,
to be paid out of the tax levied upon the assessable property of the
county as herein provided for; provided, that when, repairs are to be
paid out of county school taxes, the amount to be expended for said
school repairs shall be determined by the board of county school com-
missioners before the repairs are made; the board shall employ a prin-
cipal teacher, subject to confirmation by the board of county school
commissioners from among those persons who hold the certificate
required by this article; they shall exercise a general supervision over
their respective schools, and visit them frequently, and shall cause
instruction to be given for ten months in the year if possible.