PUBLIC EDUCATION. 2453

seal, and the same at their pleasure to alter or break, and to exercise all
the powers and privileges hereby granted to or vested in them.

At common law no action for tort could be maintained against a board of county
school commissioners, nor is there any statute making them so liable. Such board is
given no power to raise money to pay damages, and all of their funds are appro-
priated to specific purposes from which they cannot be diverted. The language
" shall be capable to sue and be sued," construed. Weddle v. School Commissioners,
94 Md. 342; Fisher Co. v. Mackall, 138 Md. 593.

No single member of county board can bring a suit where ground of action is a
matter affecting corporation as a whole. Jones v. Keating, 55 Md. 149.

Prior to act of 1870, ch. 377, the county school commissioners, while not incorpor-
ated, were a quasi corporation. School Commissioners v. School Commissioners,
35 Md. 202.

The members of the board of county school commissioners are not " civil officers "
within meaning of art. 2, sec. 15, of the state Constitution, and hence, prior to act
of 1900, ch. 29, they were not subject to removal by Governor—see sec. 59. School
Commissioners v. Goldsborough, 90 Md. 198.

See secs. 6 and 39 and notes.

An. Code, sec. 24. 1904, sec. 23. 1888, sec. 20. 1872, ch. 377. 1916, ch. 506, sec. 24.

41. All the property, estate, effects, money, funds, claims and state
donations heretofore vested by law in the public school authorities of any
county, for the benefit of public, primary, free or high schools, are trans-
ferred to and vested in the county boards of education, and their successors
in office. The county boards of education are authorized, empowered, di-
rected and required to maintain a uniform and effective system of public
schools throughout their respective counties. Real and personal estate
granted, conveyed, devised or bequeathed for the use of any particular
county or school district shall be held in trust by the county board of edu-
cation for the benefit of such county or school district, and such grants
and bequests shall be exempt from all State and county taxes. Moneys
invested in trust for the benefit of the public schools of any county or city
shall be exempt from State, county or local tax.
See notes to sec. 40.

An. Code, sec. 25. 1904, sec. 24. 1888, sec. 21. 1872, ch. 377. 1900, ch. 520. 1904, ch. 584.
1914, ch. 480. 1916, ch. 506, sec. 25.

42. The county superintendent of schools shall be the executive officer,
the secretary and treasurer of the county board of education. He shall
attend all meetings of the board and of its committees, except when his
own tenure, salary, or the administration of his office are under considera-
tion, and shall have the right to advise on any question under considera-
tion, but shall have no right to vote.

It is requisite for effectual discharge of duties of county school commissioners,
that except so far as restrained by law, each board should have power to select its
own agents. Duer v. Dashiell, 91 Md. 667.

The court declined to interfere with a consolidation of schools—see notes to secs.
11 and 72. School Commissioners v. Morris, 123 Md. 400.

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

The county school commissioners are proper parties to demand performance by
county commissioners of their duty to levy taxes under sec. 90. Worcester County v.
School Commissioners, 113 Md. 312.
Cited but not construed in School Commissioners v. Goldsborough, 90 Md. 203.