160 LAWS OF MARYLAND [CH. 36

56. All replevin bonds and retorno habendo bonds may be given
by the plaintiff or defendant, as the case may be, or on their behalf,
and the clerk shall have power to swear all parties executing such
bonds, whether as principals or securities, as to their pecuniary
sufficiency, and may also interrogate under oath the plaintiff in any
replevin touching the value of the goods and chattels proposed to
be replevied, in order to determine the proper penalty to be named
in the replevin bond. [The court, upon return of any writ of
replevin, shall have power, upon motion being made by the de-
fendant for a return of the property taken under the writ, to
inquire into the circumstances and manner of the defendant's
obtaining possession of such property; and if it shall appear that
such possession was forcibly or fraudulently obtained, or that the
possession being first in the plaintiff was got or retained by the
defendant without proper authority or right derived from the
plaintiff, the court may refuse to order a return to the defendant
until a judgment is given in the action. ]

SEC. 48. And be it further enacted, That sub-section (d) of
Section 12 of Article 77 of the Code, title "Public Education", sub-
title "Chapter 2. Formation of Boards", and sub-section (b) of
Section 25 of Article 77 of the Code, title "Public Education",
sub-title "Chapter 3. State Board of Education" be and they are
hereby repealed and re-enacted, with amendments, to read as fol-
lows:

12 (d) The Montgomery County council may remove any member
of the Board elected or serving under the provisions of this section
for immorality, misconduct in office, incompetency, or wilful neglect
of duty, giving to him a copy of the charges against him, and an
opportunity of being publicly heard in person or by counsel in
his own defense, upon not less than ten days notice. If any member
of the Board of Education shall be so removed, he shall have
the right to a review by the Circuit Court for Montgomery County
in a proceeding de novo. [Upon the initiation of such proceedings
for review in the Circuit Court, the county council shall forthwith
file in the office of the clerk of the Circuit Court for Montgomery
County a complete statement of all charges made against such
member, and the findings of the council thereon, together with a
complete record of the proceedings. ]

25 (b) The State Superintendent of Schools shall issue a certifi-
cate of approval to any applicant operating or proposing to operate
such a private school or educational institution whose conditions
of entrance, scholarship, educational qualifications, standards and
facilities are adequate and appropriate for the purposes, program,
training and courses to be taught or given therein. Any such cer-
tificate may be revoked at any time for cause by the State Board of
Education but only in the manner herein described. Before any
such certificate may be revoked the State Superintendent of Schools
shall first give the school involved a written notice of his intention
to require such school to show cause before the State Board of
Education why such certificate of approval should not be revoked.
Such notice of intention shall clearly specify the grounds for his
proposed action and shall give such school thirty days in which to
correct the conditions complained of therein. If at the end of
said thirty day period, or such extensions thereof as may be granted