30 CONSTITUTION OF MARYLAND. [ART. II

The thing which the oath prescribed by this section requires the officer
to swear that he will do or refrain from doing, may be regarded as part
of his duty when he has qualified. Keyser v. Upshur, 02 Md. 728.

A comptroller is not in office and hence not entitled to salary until he
qualifies by taking the oath prescribed by this section. See notes to article
6, section 1. Thomas v. Owens, 4 Md. 220.

This section referred to in construing article 4, section 11, and article 5,
section 2—see notes thereto. Grooine v. Gwinn, 43 Md. 633 (concurring
opinion).

For a case involving a suit on the bond of a former treasurer of Havre
de Grace, see Havre de Grace v. Fahey, 108 Md. 533.

See notes to article 4. section 24, and to article 6, section 5.

Sec. 7. Every person hereafter elected or appointed to office in this
State, who shall refuse or neglect to take the oath or affirmation of office
provided for in the sixth section of this Article, shall he considered as
having refused to accept the said office; and a new election or appoint-
ment' shall be made, as in case of refusal to accept, or resignation of an
office; and any person violating said oath shall, on conviction thereof,
in a Court of Law, in addition to the penalties now or hereafter to be
imposed by law, be thereafter incapable of holding any office of profit
or trust in this State.

This section, referred to in construing article 4, section 11. and article 5,
section 2—see notes thereto. Groome v. Gwinn, 43 Md. 633 (concurring
opinion).

See notes to article 1. section 6, and to article 6, section 5.

ARTICLE II.

EXECUTIVE DEPARTMENT.

Section 1. The executive power of the State shall be vested in a
Governor, whose term of office shall commence on the Second Wednesday
of January next ensuing his election, and continue for four years, and
until his successor shall have qualified; but the Governor chosen at the
first election under this Constitution shall not enter upon the discharge
of the duties of the office until the expiration of the term for which the
present incumbent was elected; unless the said office shall become vacant
by death, resignation, removal from the State, or other disqualification
of the said incumbent.

This section referred to in refusing a mandamus directing the Governor
to count certain votes and to exclude certain other votes for and against
the adoption of the constitution. Miles v. Bradford, 22 Md. 183.

This section referred to in construing article 15, section 3, and article 4,
section 42—see notes to the former. Smith v. Thursby, 28 Md. 258.

This section referred to in construing article 2, section 15, of the consti-
tution—see notes thereto. Cull v. Wheltle, 114 Md. 90.
See notes to article 7, section 3, of the Md. constitution.
See articles S, et seq. of the declaration of rights; see also, article 34.
As to the Governor, see article 41 of the Annotated Code.

Sec. 2. An election for Governor, under this Constitution, shall be
held on the Tuesday next after the first Monday of November, in the
year eighteen hundred and sixty-seven, and on the same day and month