ART. 70] OFFICIAL OATHS. 1547

1904, art. 70, sec. 9. 1888, art. 70, sec. 8. 1860, art. 68, sec. 8. 1854, ch. 18, sec. 1.

9. It shall only be necessary for an officer who is required to take
and subscribe the oath prescribed by the sixth section of the first article
of the constitution to declare orally at the time his belief in the Chris-
tian religion, or, if he profess to be a Jew, of his belief in a future state
of rewards and punishments; and it shall be presumed that an officer
who has taken and subscribed the oath made at the same time such
declaration of belief.

Ibid. sec. 10. 1888, art. 70, sec. 9. 1860, art 68, sec. 9. 1854, ch. 18, sec. 3.

10. The oath to be administered to a person who. has an appoint-
ment which requires him to take an oath, but who is not embraced in
the provisions of the aforesaid section of the constitution, shall be that
he will faithfully discharge his duty, unless a different form of oath is
prescribed by law or ordinance.

Ibid. sec. 11. 1888, art. 70, sec. 10. 1860, art. 68. sec. 10. 1852, ch. 172,
sec. 5. 1854, ch. 18, sec. 9.

11. Any person, whether elected or appointed to office, who shall
decline or neglect to take and subscribe the oaths prescribed by the con-
stitution or by law or ordinance for the period of thirty days from the
day when the commission of such officer has been received at the office
of the respective clerks, or, in those cases in which no commission is
sent to the clerks, within thirty days after receiving his commission or
notice of his appointment, shall be deemed to have refused said office.
This section Indicates that the commission is a prerequisite to the qualifi-
cation of an officer where the law or the constitution requires one to be
issued. In the absence of a commission the clerk has no authority to
qualify. Magruder v. Tuck, 25 Md. 218.

This section was intended to ins re the prompt acceptance of office. The
officers are entitled to no salary until they qualify and enter upon the
discharge of their duty. Groome v. Gwinn, 43 Md. 633.

Where an officer falls to qualify in due time under this section, the office
is vacant, and the governor may fill the vacancy by reappointlng the party
falling to qualify. This section construed in connection with article 33, sec-
tion 1 (providing for the appointment of supervisors of elections), and
article 2, section 13 of the state constitution. Sapplngton v. Slade, 91 Md.
644.

As to the effect of the failure to take the oath of office upon the liability
of sureties, see Laurenson v. State, 7 H. & J. 339.

The limitation of time contained in this section has no application to the
officers mentioned in section 2. Quaere, within what time such officers must
qualify. Harwood v. Marshall, 9 Md. 103.

Ibid. sec. 12. 1888, art. 70. sec. 11. 1860, art. 68, sec. 11.
1852, ch. 172, sec. 4.

12. The clerk of the superior court and clerks of the circuit courts
(who shall be entitled to a fee of ten cents for administering the afore-
said oath, to be paid by the party), shall report to the secretary of state,
at least once a month, the names and offices of all officers who have
taken and subscribed the same before them, respectively, which reports
shall be carefully preserved by the said secretary of state; and he shall