ART. 77] SCHOOL HOUSES AND SITES. 1727

by new appointment; but if it be found impossible to secure competent
persons who will act in this capacity, then the duties of the board
of district school trustees for the particular district shall devolve upon
the board of county school commissioners.

Chapter 6. School Houses and Sites.

1904, art. 77, sec. 36. 1888, art. 77. sec. 32. 1872, ch. 377.

37. It shall be the duty of the board of county school commission-

ers to select a suitable school house site in each district, whenever the
necessities of the public schools demand a change of site or sites already
built upon, or a new school house to be built.

Ibid. sec. 37. 1888, art. 77. sec. 33. 1870, ch. 311. 1872, ch. 377,
sub-ch. 6, sec. 2. 1874, ch. 463.

38. The board of county school commissioners may receive dona-
tions of such sites or locations for school houses, or of houses already
built adapted to school purposes or suitably located, or may purchase
the same; but in no case shall any site be built upon, or any house be
occupied until a good and sufficient title shall have been obtained for
the same, in the corporate name of the board of county school com-
missioners; in cases, however, where the property owned by the board
of county school commissioners in any school district, proves unsuited
for school purposes, the board is authorized to sell or lease the same,

and to appropriate the amount obtained by such sale or lease to the
purchase or lease of a proper school house at a suitable location for
the said district.

Ibid. sec. 38. 1888. art. 77, sec. 34. 1872, ch. 377.

39. When the lands shall be required for the site of a school house,

or for enlarging a school house lot, and the board of county school com-
missioners shall, from any cause, be unable to contract with the owner
thereof, the board of county school commissioners may apply for a
writ of ad quod damnum to the clerk of the circuit court for the county,
who shall forthwith issue the same, and the sheriff shall execute the
said writ, and return an inquisition describing the land and stating the
amount of damages to be paid to the owner; and the judge of the circuit

court for the county may at any time after the return of the inquisi-
tion, in term or during recess hear a motion to confirm such inquisi-
tion, on such notice to the parties as he may direct, and confirm or
quash the same; and if he quashes the inquisition he shall order a
new one forthwith to be taken; hut no lot so taken or enlarged shall

exceed, in the whole, one acre, including the land occupied by the school
building.

Ibid. sec. 39. 1888, art. 77, sec. 35. 1872, ch. 377.

40. In all cases when school-house sites are thus purchased or con-
demned, the costs thereof shall be paid as other school-house property
Is paid for.