WILLIAM GRASON, ESQUIRE, GOVERNOR.

1838.

district shall not be applied, in consequence of the

temporary suspension of any school, or from any oth-

er cause, such monies shall remain in the hands of the
treasurer of the school fund of Montgomery county,

or having been drawn by a manager on the trustees of

CHAP. 327.

any school district, shall be held as a special trust for
the benefit of the school, or schools, for which it was
originally apportioned, or drawn, as aforesaid.

Special trust.

Sec. 27. And be it enacted, That the treasurer of
the school fund of said county, and the clerk to the
said managers, shall be allowed such compensation as
the said manages may think right and proper, and the
said managers shall each receive the same per diem
compensation and itinerant allowance as the said com-
missioners are authorised to receive for each and every
day the said managers shall meet for the transaction

may attend the public meetings of the citizens of his

Compensation.

district as hereinbefore authorised and directed, and

the whole of the said allowances and charges for com-
pensation, shall be considered a part of the current
expenses of the primary schools of said county, and

shall be paid out of the monies received for such

schools.

As current expens-

es.

Sec. 28. And be it enacted, That if any collector
appointed, or acting under the provisions of this act,
shall in any case collect more than is due, the person
aggrieved shall have his remedy against such collector,
by suit, or warrant, and if he recover, he shall have
judgment for double the amount improperly and un-

justly extorted from him, and costs.

Appeal provided.

Sec. 29. And be it enacted, That if any treasurer, or
collector having funds in his hands, or neglecting, or
refusing to obtain such funds as by law authorised and
directed, shall refuse to pay for two weeks any order
of the said managers, or either of them, such treasu-

Case of neglecting

to pay over.

rer, or collector shall be liable on proof thereof, before
any court, or justice of the peace, having cognizance,
and without stay of execution, to pay the full amount
of said order, and interest thereon, at the rate of
twelve per cent per annum, from the first refusal till the
day of payment, by way of damages.

Penalty.

Sec. 30. And be it enacted, That the provisions of
this act shall only apply and be enforced in those elec-

Vote on adopting

Common schools

or Primary schools.