SUNDEY OFFICERS. 139

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 art. 1, sec. 6, of the Constitution, within the time specified in this sec-
tion, his official bond, although it has been approved by the Governor, is not liable
for his defalcations. The term " qualify " as used in this section means taking the
oath. The requirements of art. 1, sec. 6, and of art. 6, sec. 1, and of this section, are
mandatory and not directory merely. If the treasurer fails to qualify within the pre-
scribed 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 con-
stables to qualify in time). Cf. Postal Tel. Co. v. State, 110 Md. 611.

This section referred to in construing art. 3, sec. 29—see notes thereto. Postal
Tel. Co. v. State, 110 Md. 611.
See notes to sec. 1.

Sec. 6. Whenever during the recess of the Legislature charges shall be
preferred to the Governor against the Comptroller or Treasurer for incom-
petency, malfeasance in office, wilful neglect of duty, or misappropriation
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 hearing 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.

Sec. 1. County Commissioners shall be elected on general ticket of each
county by the qualified voters of the several counties of the State, on
the Tuesday next after the first Monday in the month of November, com-
mencing in the year eighteen hundred and ninety-one; their number in
each county, their compensation, powers and duties shall be such as now
or may be hereafter prescribed by law; they shall be elected at such times,
in such numbers and for such periods not exceeding six years, as may
be prescribed by law.1

Where the appellants were in office as county commissioners of Anne Arundel
county under the act of 1892, ch. 442, and while their terms were still unexpired, the
act of 1901, ch. 13, was passed repealing the act of 1892, and providing for an election
in November, 1901, which resulted in the election of appellees, the appellees were held
by the lower court to be entitled to the office; since the court of appeals was equally
divided on the question, the judgment of the lower court was affirmed. Mandamus.
Brown v. Brooke, 95 Md. 738.

The amendment proposed by the act of 1890, ch. 255, held to be constitutional and
to have been validly adopted; an act proposing an amendment to the Constitution

1Thus amended by act of 1890, ch. 255, adopted November 3, 1891.