1752 PUBLIC EDUCATION. [ART. 77

port of free public schools, which tax shall be collected at the same time
and by the same agents as the general State levy, and shall be paid into
the treasury of the State, to be distributed by the treasurer to the board
of school commissioners of the city of Baltimore and the several coun-
ties.

Although a new board of county school commissioners has been appointed,
as long as the old board is in office, the money should be paid over to the
latter, and the courts will lend them their aid. School Commissioners v.
School Commissioners, 77 Md. 290. (See section 26).

As to the state tax levy, see art. 81, sec. 24; see also, art. 81, sec. 46.

1904, art. 77, sec. 129. 1888, art. 77, sec. 101. 1872, ch. 377.

136. The treasurer, on the warrant of the comptroller, shall pay to
each of the counties and the city of Baltimore the proportion of the
free school fund to which such city or county is entitled under the
apportionment to be made by the comptroller, as hereinafter provided;
and he shall pay the same to the treasurer of the board of school com-
missioners of Baltimore city and the several counties; and the several
colleges and academies shall respectively receive the donations granted
to them by any laws or resolutions of the general assembly, subject to
the conditions annexed thereto.

Where a portion of a county is separated to form a new county or to com-
bine with another county, the remaining part of the original county retains
its right to money already appropriated to that county, unless it is other-
wise provided in the act authorizing the separation. School Commissioners v.
School Commissioners, 35 Md. 205.

Ibid. sec. 130. 1888, art. 77, sec. 102. 1872, ch. 377. 1902, ch. 306.

137. As soon as the comptroller shall have received from the city
of Baltimore and the several counties returns of the amount of the
state school tax levied in each county and the city of Baltimore, he shall
immediately thereafter apportion the amount of the whole levy to the
several counties and the city of Baltimore in proportion to their respec-
tive population between the ages of five and twenty years.

This section plainly directs the comptroller to distribute the funds accord-
ing to the entire population, and not according to the white population only.
Shriver v. Hering, 97 Md. 20.
See note to sec. 136.
See art. 19, sec. 35.

Ibid. sec. 131. 1888, art. 77, sec. 103. 1872, ch. 377. 1904, ch. 584.

138. On the first day of January, the fifteenth day of March, the
fifteenth day of June, and the first day of October, in each year, the
comptroller shall apportion the amount of school tax received by the
treasurer among the several counties and the city of Baltimore, in pro-
portion to the whole amount apportioned to each by the comptroller;
and he shall notify the state board of education and the treasurer of
the several boards of county school commissioners of the counties and
the city of Baltimore, on the several days aforesaid; and the treasurer
shall pay the several amounts within ten days after said notification,
upon the draft of the president and secretary of the several boards of
county school commissioners aforesaid; provided, also, that if in any