34 CONSTITUTION OF MARYLAND. [ART. II

mence on the first Monday of May next ensuing their appointment, and
continue for two years, (unless removed from office), and until their
successors, respectively, qualify according to Law; but the term of office
of the Inspectors of Tobacco shall commence on the first Monday of
March next ensuing their appointment.

From the language employed in this section and sections 11 and 14, it is
manifest that the power of appointment to all civil offices was confided
not to the Governor alone, but to the Governor and senate; hence the Gov-
ernor has no power to appoint to office without the advice and consent of
the senate, except to fill vacancies which occur during the recess of the
senate, or as provided by section 14, within ten days before the senate's
final adjournment. See notes to sections 10 and 15. Cull v. Wheltle, 114
Md. 90.

In view of this section and of sections 11 and 14, the Governor bus no
power to appoint to office without the advice and consent of the senate,
. except to fill vacancies occurring during the recess of the senate or as
provided by section 14 within ten days before its final adjournment;
hence where the appellee was appointed tobacco inspector in January, 1880,
and was duly confirmed and qualified, and in February, 1882, the Governor
nominated another as inspector, but the nomination was rejected; and on
April the 3rd, 1882, the appellant was nominated as inspector, but the
legislature adjourned on the same day without acting on his nomination;
and thereafter on April 10th the Governor appointed the appellant inspector
and issued a commission to him, the appointment of the appellant is void,
and the appellee is entitled to the office until his successor is appointed
and qualifies in accordance with this section. Smoot v. Somerville, 59 Md.
86; Claude v. Wayson, 118 Md. 489. Cf. Kroh v. Smoot, 62 Md. 175; Sap-
pington v. Slade, 91 Md. 649.

Where the appellee was nominated as tobacco inspector to the senate
within fifty days from the commencement of the legislative session and
prior to the first Monday of March, 1880, though such nomination was not
confirmed by the senate until after said first Monday, the appellee's term
of office commenced on the first Monday of March, 1880, and continued
for two years, and his confirmation related back to the time of his nom-
ination. Purposes of this section. Dyer v. Bayne, 54 Md. 99.

The portion of tbis section providing that the terms of officers shall
commence on the first Monday of May, referred to in holding that there
was no vacancy in the office of supervisor of elections. Munroe v. Wells,
83 Md. 509.

The .first clause of this section applies to all civil officers appointed by
the Governor under laws in force at the commencement of the session, but
not to appointments under laws passed during the session. Calvert County
v. Hellen, 72 Md. 605; Merrill v. Garrett County, 70 Md. 260.

The tenure of a register in chancery under the constitution of 1776, dealt
with; his bond was only liable whilst the register was lawfully in office,
and not for acts done during a period when he holds office without author-
ity. State v. Wayman, 2 G. & J. 254.

This section referred to in construing section 15—see notes thereto.
Harman v. Harwood. 58 Md. 10; School Commissioners v. Goldsborough,
90 Md. 202.

This section referred to in construing article 15, section 1 - see notes there-
to. Picking v. State, 26 Md. 502.

See notes to article 2, sections 11 and 15, and to article 4, section 42.

Sec. 14. If a vacancy shall occur during the session of the Senate,
in any office which the Governor and Senate have the power to fill, the
Governor shall nominate to the Senate, before its final adjournment, a