2912 ARTICLE 77

times, upon such items, and in such form and on such blanks as may be
prescribed by the state board of education and the state superintendent of
schools.

An. Code, 1924, sec. 59. 1912, sec. 29. 1904, sec. 28. 1888, sec. 25. 1872, ch. 377.
1892, ch. 341. 1898, ch. 445. 1916, ch. 506, sec. 29.

59. Each county board of education shall cause to be prepared and
published annually, in the month of November, in sufficient quantities for
distribution among the citizens of the county, an annual report addressed
to the people of the county, covering the condition, current accomplishments
and needs for the improvement of the schools, also a statement of the busi-
ness and financial transactions of the board.

When a vacancy exists. If there is no vacancy, there can be no appointment. When
Governor is authorized to fill a vacancy for balance of an unexpired term, such appoint-
ment is not within the state Constitution, art. 2, sec. 11, providing that commissions of
officers appointed during recess of legislature, shall only continue in force until end
of next session. Unless there is some law to 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 same manner as person whose place
he takes. Ash v. McVey, 85 Md. 126; School Commissioners v. Goldsborough, 90
Md. 204.

Mandamus is 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 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 the Governor. School Commissioners v.
Goldsborough, 90 Md. 198.

See secs. 6 and 11, and notes.

1927, ch. 607.

60. The County Board of Education of Washington County shall
cause to be prepared and published annually, in the month of October,
sufficient quantities for distribution among the citizens of the County, an
annual report addressed to the people of the County, covering the condi-
tion, current accomplishments and needs for the improvement of the schools,
also a statement of the business and financial transactions of the Board.
The said Board shall also cause to be prepared in October each year for
the County Commissioners of said County a detailed, itemized statement
of all receipts and expenditures of said Board for the year preceding.

1933, ch. 151, sec. 59A.

61. It shall be unlawful for any member of the Board of Education
in any county in Maryland or for any County School Superintendent to
be interested for profit in any contract or purchase to which the Board of
Education in that county is a party, and any member of such a Board or
any County School Superintendent so interested shall be deemed guilty of
a misdemeanor, and upon conviction thereof after indictment by the Grand
Jury, shall forfeit his office as a member of the Board of Education or as
County School Superintendent, and shall be subject to a fine not to exceed
five hundred dollars, or imprisoned in the Maryland House of Correction
for a term not to exceed one year; provided, however, that the provisions
of this section shall not apply to any contract or other transaction involving
the deposit of school funds in any authorized State or Federal Banking
institution.