2226 ARTICLE 69.

the commission if all the requirements of the constitution and laws have
been complied with, and not otherwise.

As to the publication of the names of officers in default to the state, see art. 19,
sec. 23.

See art. _33, sec. 96.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1856, ch. 16, sec. 4.

4. Whenever the governor shall be apprised that a commission has been
inadvertently issued to any one, he shall cause the state's attorney of the
county or of the city of Baltimore to sue out of the circuit court for the
said county, or from the superior court of Baltimore city, court of com-
mon pleas or Baltimore city court, a writ of quo warranto directed to the
person professing to hold the office mentioned in the commission so im-
providently issued to inquire into the right whereby such office is so held;
and if it shall appear on the trial that at the time of the election or appoint-
ment of such person he had not accounted with and paid into the treasury
of the State any money which he should have accounted for and paid into
the treasury before such election or appointment, then the court shall ad-
judge said election or appointment to have been null and void from the
beginning and the office to be vacant.

This section and sec. 5 together with art. 23, sec. 367, of the Code of 1904, latter

relative to proceedings for forfeiture of charters of corporations, held to be the only

statutory provisions authorizing proceedings in nature of quo warranto proceedings.

A state's attorney has no authority to institute proceedings to oust incumbent from

public office. Hawkins v. State, 81 Md. 311.

As to state's attorneys, see art. 10, sec. 21, et seq.

An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1856, ch. 16, sec. 5.

5. The state's attorneys for the several counties and for the city of
Baltimore, whenever they shall be informed that any one has been com-
missioned in their respective counties or in the said city who was at the
time of his election or appointment to office in default to the treasury of
the State for not accounting for and paying over to the treasury any
moneys which he ought to have accounted for and paid into, the treasury,
shall cause inquiry to be made of the comptroller for a statement of the
account of the party so commissioned and, if it shall appear from the certi-
ficate of the comptroller that said person is in default, shall cause to be had
the proceeding authorized by the preceding section; and the failure of
any state's attorney to comply with this section shall be a misdemeanor in
office, and on conviction thereof he shall be removed.
See notes to sec. 4.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1856, ch. 16, sec. 8. 1876, ch. 206.

6. The comptroller shall furnish each officer of the State, whose ac-
counts are in arrears, at least sixty days prior to a general election, a full
statement of his accounts, and in default of his accounting for such defi-
ciencies within thirty days, then, it shall be the duty of the comptroller to
publish weekly for one month in one or more newspapers in the county or
city in which said defaulters have held or may be holding office, and in no
other newspapers, the names and titles of said officers with the amount of