[Arts. 6-7] SUNDRY OFFICES 125

Cited but not construed in Ghingher v. Pearson, 165 Md. 294; State v. Ghingher,
165 Md. 320; Ghingher v. Langenfelder, 165 Md. 332
See notes to sec. 2.

Sec. 4. The Treasurer shall render his accounts quarterly to the Comp-
troller, and shall publish monthly, in such newspapers as the Governor
may direct, an abstract thereof, showing the amount of cash on hand, and
the place or places of deposit thereof, and on the third day of each regular
session of the Legislature he shall submit to the Senate and House of Dele-
gates fair and accurate copies of all accounts by him, from time to time,
rendered and settled with the Comptroller. He shall at all times submit
to the Comptroller the inspection of the money in his hands, and perform
all other duties that shall be prescribed by Law.

Sec. 5. The Comptroller shall qualify and enter on the duties of his office
on the third Monday of January next succeeding the time of his election,
or as soon thereafter as practicable. And the Treasurer shall qualify
within one month after his appointment by the Legislature.

Where the treasurer is not legally in office because he has failed to take the oath
prescribed by art. 1, sec. 6, of the Constitution, within the time specified in this sec-
tion, his official bond, although it has been approved by the Governor, is not liable
for his defalcations. The term "qualify" as used in this section means taking the oath.
The requirements of art. 1, sec. 6, and of art. 6, sec. 1, and of this section, are mandatory
and not directory merely. If the treasurer fails to qualify within the prescribed time,
the Governor has no authority to administer the oath to him, and a qualification after
the month has expired does not relate back to the date of his appointment; nor does
the approval by the Governor of a bond given after the month has expired make such
bond a binding obligation upon the sureties. Archer v. State, 74 Md. 447; Little v.
Schul, 118 Md. 466 (involving the failure of constables to qualify in time). Cf. Postal
Tel. Co. v. State, 110 Md. 611.

This section referred to in construing art. 3, sec. 29—see notes thereto. Postal Tel.
Co. v. State, 110 Md. 611.

See notes to sec. 1.

Sec. 6. Whenever during the recess of the Legislature charges shall be
preferred to the Governor against the Comptroller or Treasurer for incom-
petency, malfeasance in office, wilful neglect of duty, or misappropriation
of the funds of the State, it shall be the duty of the Governor forthwith
to notify the party so charged and fix a day for a hearing of said charges;
and if from the evidence taken, under oath on said hearing before the
Governor, the said allegations shall be sustained, it shall be the duty of
the Governor to remove said offending officer and appoint another in his
place, who shall hold the office for the unexpired term of the officer so
removed.

ARTICLE VII.

SUNDRY OFFICES.

County Commissioners—Surveyor—State Librarian—Commissioner of
the Land Office—Wreck Master.

Sec. 1. County Commissioners shall be elected on general ticket of each
county by the qualified voters of the several counties of the State, on
the Tuesday next after the first Monday in the month of November, com-
mencing in the year eighteen hundred and ninety-one; their number in
each county, their compensation, powers and duties shall be such as now
or may be hereafter prescribed by law; they shall be elected at such times,