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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 3007   View pdf image (33K)
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TREASURER. 3007

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1852, ch. 12, secs. 2-4.

2. Before entering upon the discharge of his duties, he shall give bond
to the State, with security or securities approved by the governor in the
penalty of two hundred thousand dollars with condition that he will truly
and faithfully discharge, execute and perform all and singular the duties
required and which may be required of him by the constitution and laws.

The giving of bond and taking of oath prescribed by constitution are indis-
pensably necessary to possession of the office. The treasurer being in office for two
years and until his successor qualifies, his bond is liable for default occurring after
expiration of the two years but before his successor qualifies. Archer v. State,
74 Md. 427.

Where treasurer is not legally in office because he has failed to take oath prescribed
by constitution, his official bond (although it has been approved by Governor) is
not liable. Archer v. State, 74 Md. 448.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1852, ch. 12, sec. 5.

3. Each security on the bond of the treasurer shall make oath that
he is bona fide worth, over and above his debts, not less than some specified
sum, to be stated in said oath, which oath shall be endorsed on said bond
and recorded therewith.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1852, ch. 12, sec. 6.

4. The governor shall not approve any bond of the treasurer unless
the sums so sworn to and endorsed on said bond shall in the aggregate at
least equal the amount of the penalty thereof, and he shall be satisfied of
the availability of each security.

An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1852, ch. 12, sec. 8.

5. The bond of the treasurer, when duly executed and approved, shall
be recorded in the office of the clerk of the court of appeals, and certified
copies under seal of said court may be used in evidence in any court of law
or equity in this State.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1852, ch. 12, sec. 7.

6. It shall be the duty of the governor at all times, when in his opinion
the security or securities of any treasurer have become or are likely to
become invalid or insufficient, to demand and require such treasurer forth-
with to renew his bond to the State of Maryland, with security or securi-
ties to be approved by the governor, in the penalty and according to the
form prescribed in this article; and in case of neglect or refusal by any
treasurer to give bond with security or securities as aforesaid, within
twenty days after the same shall be demanded and required by the gov-
ernor, such neglect or refusal shall be, and it is hereby declared to be, a
disqualification within the meaning of the constitution; and the governor
is hereby required to proceed forthwith to appoint a fit and proper person
to fill the vacancy occasioned thereby, according to the provisions of the
constitution.

Cited but not construed in Archer v. State, 74 Md. 428.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 3007   View pdf image (33K)
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