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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 573   View pdf image (33K)
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COMPTROLLER. 573

before the governor, on or before the second Wednesday of January next
ensuing his election; on which said second Wednesday of January the
term of his office shall commence.

The comptroller is not in office, and his salary does not begin until he qualifies,
nor does the latter then relate back to his election. It is competent for the legis-
lature at any time to alter the oath or bond prescribed by the act of 1852. Thomas
v. Owens, 4 Md. 220.

See art. 70, sec. 2.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1852, ch. 12, secs. 2, 3.

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

Though a bond is not approved by the official to whom it is originally presented
for approval, if it is afterwards approved by another official duly authorized, the
bond is binding on the sureties. A statutory bond is not delivered or binding until
its approval. State v. Jarrett, 17 Md. 330.

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

3. Each security on the bond of the comptroller shall make oath that
he is bona fide worth, over and above his debts, not less than some specific
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 comptroller, 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 unless he shall be satis-
fied of the availability of such security.

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

5. The bond of the comptroller, when duly executed and approved,
shall be recorded in the office of the clerk of the court of appeals, and certi-
fied copies, under the seal of said court, may be used in evidence in any
court 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 comptroller have become or are likely to
become invalid or insufficient, to demand and require him forthwith to
renew his bond to the State of Maryland, with security or securities to be
approved by the governor, in the penalty and according to the form pre-
scribed in this article; and in case of neglect or refusal by any comptroller
to give bond with security or securities as aforesaid, within twenty days
after the same shall be demanded and required by the governor, such neg-
lect 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

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 573   View pdf image (33K)
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