1722 PUBLIC EDUCATION. [ART. 77

commissioners.combine and form a new school-house district,
and when thus formed the said new school-house district shall
be invested with all the rights and powers hereinbefore set
forth, as pertaining to such districts; provided, that the new
school-house district thus formed, or said district from which
it may be formed, shall not contain less than thirty-five legal
resident voters.

1888, art. 77, sec. 31. 1874, ch. 463.

35. In case of neglect of duty or refusal to act on the part
of the members of the board of trustees, their places shall be
declared vacant by the board of county school commissioners,
who shall fill the same 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.

Ibid. sec. 32. 1872, ch. 377.

36. It shall be the duty of the board of county school com-
missioners to select a suitable school house site in each dis-
trict, 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. 33 1870, ch. 311. 1872, ch. 377, sub-ch. 6, sec. 2. 1874, ch. 463.

37. The board of county school commissioners may receive
donations 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 commissioners;
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. 34. 1872, ch. 377.

38. When the lands shall be required for the site of a school
house, or for enlarging a school house lot, and the board of