1840.

LAWS OF MARYLAND.

CHAP. 242.

If there be any
surplus.

SEC. 2. And be it enacted, That, if the whole amount
apportioned to any school district in said county, shall not
be used by such district, that the balance shall remain in
the hands of the agent of the tree school fund of said
county, for the use of said district.

May condemn
land for school
house.

SEC. 3. And be it enacted, That where the board of
primary schools cannot obtain land at a fair price, for the
purpose of building school houses thereon, then, and in
that case, the said board be, and they are hereby authorised,

Proviso.

to condemn land for that purpose; provided always, they,
the said board, shall not be permitted to condemn more
than half an acre for each school; and where the board
. shall have condemned land for the benefit of said school or
schools, then, and in that case, the said board may, and
they are hereby authorised, to cause a plot and certificate
to be made out by the surveyor of said county, of said
lands, and to be returned to the clerk of said county, to
be by him recorded among other land records of said

Ascertain da-
mages.

county, and that in all cases in which it may be necessary
for the board of primary education to condemn land, under
the provisions of this act, the land so condemned shall be
valued by three disinterested persons: one to be chosen by
the owner of the land, one by the board of primary edu-
cation, and the two persons thus chosen, arc to select a
third; and the three persons thus selected, or a majority of
them, after taking an oath fairly and justly to value the
land so condemned, shall proceed to view and value the
same, and to name the sum which said board shall pay for
said land; and after the valuation, they shall make a full
return to the clerk of the county of the amount of valua-
tion, together with the plot of said lauds; and the said
board of primary education, after having paid such sum,
shall immediately, upon the return being made, be, and
they are hereby authorised, to take possession of the said
lands thus condemned to be used for the purposes intended
by the provisions of this act; and where the said board of
primary education may be able to obtain sites for school
houses, by consent, they, shall take deeds to the commis-
sioners of said county, for the use of said county, which
deeds shall be recorded as other deeds.

Repeal of in-
consistent acts.

SEC. 4. And be it enacted, That any tiling in the said
original act, to which this is a supplement, which is repug-
nant to, or inconsistent with the provisions of this act, be,
and the same is hereby repealed.