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OFFICERS
2661
ARTICLE 69.
OFFICERS.
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1. Ineligibility for failure to account.
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8. Acts while commission unannulled to
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2. How far removed by accounting.
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be valid.
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3. Governor to inquire before issuing
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9. Postmaster and deputies, U. S. mar-
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commission.
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shal and deputies, not to hold state
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4. Quo warranto if commission has been
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office; penalty.
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inadvertently issued.
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10. Sheriff, constable or collector of taxes,
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5. State's attorney's duty to inquire and
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not to purchase debt ; penalty.
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institute proceedings.
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11. Persons appointed to public office to
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6. Inquiry by committee on elections of
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be residents of this state.
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two houses of assembly.
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12. Women eligible to hold office.
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7. Quo warranto deemed sufficient.
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An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. 1856, ch. 16, sec. 1.
1. Every person who, since the adoption of the constitution of 1851,
has become a collector, receiver or holder of public moneys and who has
failed to fairly account with the treasury and to whom is charged on the
books thereof any sum as due to the State shall be taken and deemed to all
intents and purposes as ineligible as senator or delegate or to any office
of profit or trust under this State, until he shall have accounted for and
paid into the treasury all sums on the books thereof charged to and due
by him.
See art. 15, sec. 1, Md. Constitution.
An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, sec. 2. 1856, ch. 16, sec. 2.
2. An ineligibility resulting from a failure to pay into the treasury,
as directed in the preceding section, shall not be removed so as to validate
an election or appointment already had or made by an accounting with
or payment into the treasury, but shall only remove such ineligibility so
far as future elections or appointments are concerned.
An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1856, ch. 16, sec. 3.
3. In every case in which the governor shall be called upon to issue a
commission to any officer under the constitution and laws of this State, he
shall apply to the comptroller to know if the party desiring to be com-
missioned is in default to the State and on the comptroller's certifying
that such person is not a defaulter to the State the governor may issue
the commission if all the requirements of the constitution and laws have
been complied with, and not otherwise.
As to the publication of the names of officers in default to the state, see art. 19, sec. 23.
See art. 33, sec. 132.
An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1856, ch. 16, sec. 4.
4. Whenever the governor shall be apprised that a commission has been
inadvertently issued to any one, he shall cause the state's attorney of the
As to the tax on official commissions, see art. 81, sec. 101, et seq.
See art. 15, sec. 1, of Md. Constitution.
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