OFFICIAL OATHS. 2231

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 9. 1854, ch. 18, sec. 3.

10. The oath to be administered to a person who has an appointment
which requires him to take an oath, but who is not embraced in the pro-
visions of the aforesaid section of the constitution, shall be that he will
faithfully discharge his duty, unless a different form of oath is prescribed
by law or ordinance.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 10. 1852, ch. 172, sec. 5. 1854, ch. 18, sec. 9.

11. Any person, whether elected or appointed to office, who shall
decline or neglect to take and subscribe the oaths prescribed by the con-
stitution or by law or ordinance for the period of thirty days from the
day when the commission of such officer has been received at the office of
the respective clerks, or, in those cases in which no commission is sent to
the clerks, within thirty days after receiving his commission or notice of
his appointment, shall be deemed to have refused said office.

This section in so far as it conflicts with art. 20, sec. 1, has no application to con-
stables. An appointee held to have forfeited his right to qualify as constable by his
neglect to qualify within thirty days. This section does not require a written notice
to be given to a person elected or appointed; notice referred to is knowledge ac-
quired from any source; notice held sufficient. Little v. Schul, 118 Md. 465. And
see Levin v. Hewes, 118 Md. 646.

Members of a racing commission for Harford County held not to come within
provisions of this section. Clark v. Harford, etc., Assn., 118 Md. 617.

This section indicates that commission is a prerequisite to the qualification of
an officer where the law or Constitution requires one to be issued. In absence of a
commission clerk has no authority to qualify. Magruder v. Tuck, 25 Md. 218.

This section was intended to insure prompt acceptance of office. The officers are
entitled to no salary until they qualify and enter upon discharge of their duty.
Groome v. Gwinn, 43 Md. 633.

Where an officer fails to qualify in due time under this section, the office is vacant,
and Governor may fill vacancy by reappointing party failing to qualify. This sec-
tion construed in connection with art. 33, sec. 1 (providing for appointment of
supervisors of elections), and art. 2, sec. 13, of state Constitution. Sappington v.
Slade, 91 Md. 644.

As to the effect of the failure to take the oath of office upon the liability of
sureties, see Laurenson v. State, 7 H. & J. 339.

The limitation of time contained in this section has no application to officers
mentioned in sec. 2. Quaere, within what time such officers must qualify. Harwood
v. Marshall, 9 Md. 103.

An. Code, sec. 12. 1904, sec, 12. 1888, sec. 11. 1852, ch. 172, sec. 4.

12. The clerk of the superior court and clerks of the circuit courts
(who shall be entitled to a fee of ten cents for administering the afore-
said oath, to be paid by the party), shall report to the secretary of state,
at least once a month, the names and offices of all officers who have taken
and subscribed the same before them, respectively, which reports shall be
carefully preserved by the said secretary of state; and he shall be compe-
tent to certify the character and qualification of officers equally with the
aforesaid clerks.

It is not the duty of secretary of state to preserve a record of oaths and signatures
of the officers. The only authority given to secretary of state by act of 1852, ph. 172,
to certify, relates to class of officers named in this section. Harwood v. Marshall,
9 Md. 102.