Board of county


19. The board of county school commissioners is hereby declared Ia. s. 2. to be a body politic and corporate, by the name and style of the school commisboard of county school commissioners of county, and by that name shall have perpetual succession, and shall be capable to sue and be sued, to have and use a common seal, and the same at their pleasure to alter or break, and to exercise all the powers and privileges hereby granted to or vested in them, and every county school commissioner shall have power to take affidavits and administer oaths in all matters pertaining to public schools, but without charge or fee. 20. All the property, estates, effects, money, funds, claims, and Id 8.3. Property held State donations vested by law in the public school authorities of any for school purcounty, for the use and benefit of public, primary, free, or high board. schools, are hereby transferred to and vested in the board of county school commissioners and their successors in office.

21. The board of county school commissioners shall have the general supervision and control of all schools in their respective counties; they shall build, repair, and furnish schoolhouses; they shall fix the salaries of teachers; they shall purchase and distribute textbooks, and shall perform such other duties as may be necessary to secure an efficient administration of the public school system, subject to the provisions of this law.

poses vested in

35 Md. 201.

Id. s. 4.

Duties of board

of county school


Id. s. 5. Appropriation of State school


22. The State school tax and free school fund are primarily intended, under this act, to pay the salaries of the teachers of the several counties, and to provide schoolbooks and stationery for the children of the State. If, however, in apportioning the said State school tax among the different counties and the city of Baltimore, the share of any county should prove inadequate for the purposes aforesaid, then the county commissioners of such county are hereby authorized, empowered, directed, and required to levy and collect such a tax upon the assessable property of such county as the board Tax in counties. of county school commissioners shall designate as sufficient to make good the deficiency; provided said tax shall not exceed ten cents in the hundred dollars, unless the county commissioners shall approve and sanction an additional tax. The taxes so levied and collected shall be paid quarterly, on the day fixed for the payment of the State school tax, to the several counties; but the proceeds from special taxes may be paid oftener, upon the order of the board of county school commissioners to the treasurer of the said board of county school commissioners, in order that the schools of said counties may be kept open for the time herein set forth, and said tax shall be levied and collected as other taxes. Any sums of money which may have been specially collected or levied on any election or schoolhouse district, for educational purposes connected with these districts, shall be collected for and applied to the purposes so intended originally, and shall be used for no other purpose; and if said funds have been used otherwise, they shall be returned and applied as aforesaid. 23. In all cases where the county has not been properly divided Id. s. 6. into school districts, and full records of the boundaries thereof have school districts.

Committee in


not been made and recorded, the board of county school commissioners shall appoint a committee, if in their opinion they deem it necessary, consisting of three persons of intelligence and sound judgment, who shall divide the county into suitable school districts, define and describe the boundaries of each; provided that no school district shall contain a greater area than four miles square, unless a part of it be located in a thinly-settled region. In the formation of the school districts, the committee shall take into consideration the Sites of school- most suitable site for the schoolhouse, the general features of the country, and shall make each school district of such size and form as will best accommodate the population within its bounds. The committee shall make an accurate description of the bounds of the school districts, accompanied by a plat, and shall report the same to the board of county school commissioners, who shall thereupon give notice in all the newspapers of the county at what time they will meet to hear applications for a change of boundaries, which applications shall be made in writing, and within two months from the date of the first publication of such notice. When the application shall have been made and considered, the board of county school commissioners may then change the boundaries of school districts and revise the description; or they may, without application, make such change as may be deemed important; or they may ratify and confirm the report of the committee. The description of the bounda ries of school districts shall be recorded in a book kept for that purpose by the secretary of the board of county school commissioners. In those counties where no newspaper is published, the notice of application for a change of boundaries shall be published in such a manner as the board of county school commissioners may decide. Whenever it may be necessary the board of county school commissioners shall employ a surveyor to aid the committee in the performance of such duty, and they shall allow the surveyor such compensation for his services as may be just and proper; and the committee shall receive no compensation whatever for their services. The cost of dividing the county shall be paid by the county school commissioners out of the school fund of the county. If a county has already been divided into school districts, and it may be necessary to revise the same, the board of county school commissioners shall have full power to make such revision or alteration as may be necessary to accommodate the population and increase the efficiency of the schools. A full description of such changes and alterations shall also be made and recorded as aforesaid.

Id. s. 7.

County school commissioners' reports, and

publication of


24. The board of county school commissioners shall, on or before the fifteenth day of November in every year, make a report to the State board of education, in such form as may be prescribed by the latter, of the schools and all matters affecting the educational interests of the county; they shall also publish annually, in the month of November, in such form and manner as they may deem proper, a statement of their receipts and disbursements, including

the money received and expended on account of textbooks, and a statement of the indebtedness of the board at the close of the fiscal year, and forward a copy to the State board of education.


25. In case of the death of any county school commissioner, or Ia. s. 8. his resignation or removal from the county, or disqualification from how filled. any legal cause, the judges of the Circuit Court of the judicial district where the vacancy occurs shall have power to appoint a qualified person to fill the vacancy. In case of inefficiency, refusal to act, or breach of trust, the board may, by a vote of a majority of its members, declare the office vacant, and give notice to the party concerned. An appeal may be taken to the State board of education, whose decision shall be final; but if no appeal be taken within ten days, the vacancy shall be filled as hereinbefore provided.

26. No teacher, in actual employment as such, shall fill the posi- Id. s. 9. tion of county school commissioner.

Teachers not to be on board.


s. 1.

Duties of board school trustees.

of district

27. The board of district school trustees shall have the care of 1874, c. 463, c. 5, the houses, and lands connected therewith, intended for school purposes; also the furniture, apparatus, and other school property; they shall attend to all repairs, and charge the cost among the incidental expenses of the school, to be paid out of the tax levied upon the assessable property of the county, as herein provided for; provided that, when repairs are to be paid out of a county school tax, the amount to be expended for said repairs shall be determined by the board of county school commissioners before the repairs are made. The board shall employ a teacher or teachers, subject to confirmation by the board of county school commissioners, from among those persons who hold the certificate required by this act; they shall exercise a general supervision over their respective schools and visit them frequently, and shall cause instruction to be given for ten months in the year, if possible.

28. The board of district school trustees shall see that every 1872, c. 337, c. 5. schoolhouse site is provided with suitable outbuildings. Outbuildings.

s. 2.

not to be used


Id. s. 4.

new districts.

29. No schoolhouse shall be used for any other purpose than Id. s. 3. public school purposes and school district meetings, unless by consent Schoolhouses of the board of county school commissioners, or a majority of them. for other pur30. Contiguous portions of two or more schoolhouse districts may, with the consent of the board of county school commissioners, Formation of combine and form a new schoolhouse district; and, when thus formed, the said new schoolhouse district shall be invested with all the rights and powers hereinbefore set forth as pertaining to such districts; provided that the new schoolhouse district thus formed, or said district from which it may be formed, shall not contain less than thirty-five legal resident voters.

31. 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

8. 5.

1874, c. 463, c. 5, Vacancies in tees, how filled.

board of trus

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 comunissioners.

1872, c. 377, c. 6, s. 1.


and sites.

1874, c. 463, c. 6,

8. 2.

school commis

sioners may receive donations.


32. It shall be the duty of the board of county school commissioners to select a suitable schoolhouse site in each district, whenever the necessities of the public schools demand a change of site or sites already built upon, or a new schoolhouse to be built.

33. The board of county school commissioners may receive doBoard of county nations of such sites or locations for schoolhouses, 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 suflicient title shall have been obtained for the same, in the corporate name of the board of county school commissioners; in cases where, however, 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 schoolhouse at a suitable location for the said district.


1872, c. 377, c. 6, s. 3.


Inquisition to condemn.

Id. s. 4.

Id. s. 5.

34. When the lands shall be required for the site of a schoolhouse, or for the enlarging a schoolhouse lot, and the board of county school commissioners shall, from any cause, be unable to contract with the owner thereof, the board of county school commissioners may apply for a writ of ad quod damnum to the clerk of the Circuit Court for the county, who shall forthwith issue the same, and the sheriff shall execute the said writ, and return an inquisition describing the land and stating the amount of damages to be paid to the owner, and the judge of the Circuit Court for the county may at any time after the return of the inquisition, in term or during recess, hear a motion to confirm such inquisition, on such notice to the parties as he may direct, and confirm or quash the same; and if he quashes the inquisition he shall order a new one forthwith to be taken, but no lot so taken or enlarged shall exceed, in the whole, one acre, including the land occupied by the school-building.

35. In all cases when schoolhouse sites are thus purchased or condemned, the costs thereof shall be paid as other schoolhouse property is paid for.

36. Every schoolhouse shall be built and furnished according to plans and drawing issued from the office of the county school commissioners.

Id. c. 7, s. 1. Schools to be numbered.


37. The schools under the charge of the board of county school commissioners for each county, shall respectively be designated

school number one, two, three, and so forth, of their respective election districts.

Time of session.

38. In every schoolhouse district in each county, established as Id. s. 2. hereinafter provided, there shall be kept for ten months in each year if possible, one or more schools, according to population, which shall be free to all white youths over six and under twenty-one years of age.

Course of

39. In every district school there shall be taught orthography, Id. s. 3. reading, writing, English grammar, geography, arithmetic, history instruction. of the United States, and good behavior, algebra, bookkeeping, natural philosophy, the Constitution of the United States, the Constitution of the State of Maryland, and the history of Maryland, vocal music, drawing, physiology, the laws of health, domestic economy, shall also be taught; whenever the board of district school trustees shall deem it expedient, and in districts where there is a considerable German population, the board of county school commissioners are authorized to cause the German language to be German language. taught if they shall think proper so to do.

40. Whenever a school numbers more than fifty children in Id. s. 4. average attendance, an assistant may be employed by the board of Assistants. county school commissioners; and for every additional forty children one teacher may be appointed, and the board of county school commissioners shall direct the division of the pupils so as to form a graded school.

Schools of dif

41. Whenever the number of children attending school in any Id. s. 5. school district is greater than one hundred, then the board of county lerent grades. school commissioners may, with the consent of the board of district school trustees, establish schools of different grades, or the school district may be divided; and whenever the average attendance in any school for any two consecutive terms is less than ten pupils, then the said schools may be closed by the board of county school commissioners; provided, that the board of district school trustees. may keep the school open in part at the expense of the district, and shall receive their proportion of the school fund for said school, rating a full school at twenty scholars.


42. Public examinations shall be held in each school twice a Id. s. 6. year, of which due notice shall be given, that parents and others interested in education may attend.


43. Schools shall be kept open each week-day except Saturday, Id. s. 7. for six hours, and the hours for teaching shall be regulated by the several boards of county school commissioners.

Disturbance of

44. Any person who shall disturb any public school in session, Id. s. 8. shall, upon conviction thereof before a justice of the peace, be schools. deemed guilty of a misdemeanor, and shall forfeit and pay twenty dollars, to be collected as other fines, to be paid to the board of district school trustees for the benefit of the schoolhouse district; or said offender shall be imprisoned not exceeding thirty days, or both, in the discretion of the justice of the peace.

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