70 CONSTITUTION OF MARYLAND.

This section referred to in holding that the failure to appeal within the time
prescribed by statute from the action of an officer of registration, may not be waived.
Cox v. Bryan, 81 Md. 290.

This section referred to in refusing a,n injunction prohibiting the return of the
lists of qualified and registered voters by the officers of registration; officers of
registration held to be qualified. Hardesty v. Taft, 23 Md. 526.

This section referred to in construing art. 1, sec. 1—see notes thereto. Lang-
hammer v. Munter, 80 Md. 527.

See notes to art. 33, sec. 13, An. Code.

Sec. 6. Every person elected or appointed to any office of profit or
trust, under this Constitution, or under the laws, made pursuant thereto,
shall, before he enters upon the duties of stich office, take and subscribe
the following, oath or affirmation: I, ————, do swear (or affirm, as the
case may be), that I will support the Constitution of the United States;
and that I will be faithful and bear true allegiance to the State of Mary-
land, and support the Constitution and Laws thereof; and that I will, to
the best of my skill and judgment, diligently and faithfully, without par-
tiality or prejudice, .execute the office of ————, according to the Constitu-
tion and Laws of this State (and, if a Governor, Senator, Member of the
House of Delegates or Judge), that I will not, directly or indirectly, receive
the profits or any part of the profits of any other office during the term
of my acting as ————.

Members of a racing commission of Harford county held not to be persons
" elected or appointed to an office of profit or trust under the Constitution or
under the laws made pursuant thereto," within the contemplation of this section;
hence they were not required, independent of statute, to take the constitutional
oath before entering upon the duties of their office. Clark v. Harford, etc., Assn.,
118 Md. 610; State Tax Commission v. Harrington, 126 Md. 161.

This section is mandatory. In connection with art. 37 of the Declaration of
Rights, it prohibits (save as to the comptroller and treasurer—see art. 6, sec. 1) the
legislature from prescribing any additional oath whether the office be created by
the Constitution or not; hence the failure of such officer to take a statutory oath
does not defeat his right to the office. Davidson v. Brice, 91 Md. 685; Keyser v.
Upshur, 92 Md. 728.

This section referred to in holding that where a treasurer was re-elected in Janu-
ary, 1888, but failed to take the oath required by this section and to give the bond
required by art. 6, sec. 1, until November, 1889, his original bond was liable for his
defalcations up to the latter date. Archer v. State, 74 Md. 427.

The position of councilman of Snow Hill held to be an " office of profit and
trust" within the meaning of this section; see notes to art. 35 of the Declaration of
Rights. Truitt v. Collins, 122 Md. 530.

The thing which the oath prescribed by this section requires the officer to swear
that he will do or refrain from doing, may be regarded as part of his duty when he
has qualified. Keyser v. Upshur, 92 Md. 728.

A comptroller is not in office and hence not entitled to salary until he qualifies
by taking the oath prescribed by this section. See notes to art. 6, sec. 1. Thomas
v. Owens, 4 Md. 220.

This section referred to in construing art. 4, sec. 11, and art. 5, sec. 2—see notes
thereto. Groome v. Gwinn, 43 Md. 633 (concurring opinion).

For a case involving a suit on the bond of a former treasurer of Havre de Grace,
see Havre de Grace v. Fahey, 108 Md. 533.

Cited but not construed in McCurdy v. Jessop, 126 Md. 320.

See notes to art. 4, sec. 24, and to art. 6, sec. 5, Md. Constitution.

Sec. 7. Every person hereafter elected or appointed to office in this State,
who shall refuse or neglect to take the oath or affirmation of office provided
for in the sixth section of this Article, shall be considered as having refused