ART. 69.] OFFICERS. 473

2. An ineligibility resulting from a failure to pay into the
treasury as directed in the preceding section, shall not be re-
moved so as to validate an election or appointment already had
or made by an accounting with or payment into the treasury, but
shall only remove such ineligibility so far as future elections or
appointments are concerned.

3. In every case in which the Governor shall be called upon to
issue a commission to any officer under the Constitution and
laws of this State, he shall apply to the Comptroller to know if
the party desiring to be commissioned is in default to the State,
and on the Comptroller's certifying that such person is not a de-
faulter to the State, the Governor may issue the commission, if
all the requirements of the Constitution and laws have been
complied with, and not otherwise.

4. Whenever the Governor shall be apprized that a commission
has been inadvertently issued to any one, he shall cause the
State's Attorney of the particular county or of the city of Balti-
more, to sue out of the Circuit Court for the said county or from
the Superior Court of Baltimore city, a writ of quo warranto
directed to the person professing to hold the office mentioned in
the commission so improvidently issued, to inquire into the right
whereby such office is so held, and if it shall appear on the trial
that at the time of the election or appointment of such person
he had not accounted with and paid into the treasury of the
State any money which he should have accounted for and paid
into the treasury before such election or appointment, then the
court shall adjudge said election or appointment to have been
null and void from the beginning, and the office to be vacant.

5. The State's Attorneys for the several counties and for the
city of Baltimore, whenever they shall be informed that any one
has been commissioned in their respective counties or the said city
who was at the time of his election or appointment to office in
default to the treasury of the State for not accounting for and
paying over to the treasury any moneys which he ought to have
accounted for and paid into the treasury, shall cause inquiry to
be made of the Comptroller for a statement of the account of
the party so commissioned, and if it shall appear from the certi-
ficate of the Comptroller that said person is in default, shall
cause the proceeding to be had authorized by the preceding
section, and the failure of any State's Attorney to comply with