100 CONSTITUTION OF MARYLAND. [ART. VII

on hand, and the place or places of deposit thereof, and on the third
day of each regular session of the Legislature he shall submit to the
Senate and House of Delegates fair and accurate copies of all accounts,
by him, from time to time, rendered and settled with the Comptroller.
Ho shall at all times submit to the Comptroller the inspection of the.
money in his hands, and perform all other duties that shall be prescribed,
by Law.

Sec. 5. The Comptroller shall qualify and enter on the duties of
his office on the third Monday of January next succeeding the time of
his election, or as soon thereafter as practicable. And the Treasurer-
shall qualify within one month after his appointment by the Legislature.

Where the treasurer is not legally in office because he has failed to take
the oath prescribed by article 1, section 6, of the constitution, within the
time specified in this section, his official bond, although it has been ap-.
proved by the Governor, is not liable for his defalcations. The term "qual-
ify" as used in this section means taking the oath. The requirements of
article 1, section 6, and of article 6, section 1, and of this section, are-
mandatory and not directory merely. If the treasurer fails to qualify
within the prescribed time, the Governor has no authority to administer
the oath to him, and a qualification after the month has expired does not
relate back to the date of his appointment; nor does the approval by the
Governor of a bond given after the month has expired make such bond a
binding obligation upon the sureties. Archer v. State, 74 Md. 447; Little v.
Schul, 118 Md. 466 (involving the failure of constables to qualify in time).
Cf. Postal Tel. Co. v. State, 110 Md. 611.

This section referred to in construing article 3, section 29—see notes,
thereto. Postal Tel. Co. v. State, 110 Md. 611.

See notes to section 1.

Sec. 6. Whenever during the recess of the Legislature charges shall
be preferred to the Governor against the Comptroller or Treasurer for-
incompetency, malfeasance in office, wilful neglect of duty, or misappro-
priation of the funds of the State, it shall be the duty of the Governor
forthwith to notify the party so charged and fix a day for a hearing of
said charges; and if from the evidence taken, under oath on said hear-
ing before the Governor, the said allegations shall be sustained, it shall
be the duty of the Governor to remove said offending officer and appoint
another in his place, who shall hold the office for the unexpired term of
the officer so removed.

ARTICLE VII.

SUNDRY OFFICERS.

County Commissioners—Surveyor—State Librarian—Commissioner of

the Land Office—Wreck Master.

Section 1. County Commissioners shall be elected on general ticket
of each county by the qualified voters of the several counties of this
State, on the Tuesday next after the first Monday in the month of"
November, eighteen hundred and sixty-seven, and on the same day in
every second year thereafter. Their number in each county, their com-