2662. ARTICLE 69

county or of the city of Baltimore to sue out of the circuit court for the
said county, or from the superior court of Baltimore City, court of com-
mon pleas or Baltimore City court, a writ of quo warranto directed to the
person professing to hold the office mentioned in the commission so im-
providently issued to inquire into the right whereby such office is so held;
and if it shall appear on the trial that at the .time of the election or appoint-
ment of such person he had not accounted with and paid into the treasury
of the State any money which he should have accounted f or and paid into
the treasury before such election or appointment, then the court shall ad-
judge said election or appointment to have been null and void from the
beginning and the office to be vacant.

This section and sec. 5 together with art. 23, sec. 367, of the Code of 1904, latter rela-
tive to proceedings for forfeiture of charters of corporations, held to be the only statutory
provisions authorizing proceedings in nature of quo warranto proceedings. A state's
attorney has no authority to institute proceedings to oust incumbent from public office.
Hawkins v. State, 81 Md. 311.

As to state's attorneys, see art. 10, sec. 33, et seq.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1856, ch. 16, sec. 5.

5. The state's attorneys for the several counties and for the city of
Baltimore, whenever they shall be informed that any one has been com-
missioned in their respective counties or in the said city 'who was at the
time of his election or appointment to office in default to the treasury of
the State for not accounting for and paying over to the treasury any
moneys which he ought to have accounted for and paid into the treasury,
shall cause inquiry to be made of the comptroller for a statement of the
account of the party so commissioned and, if it shall appear from the certifi-
cate of the comptroller that said person is in default, shall cause to be had
the proceeding authorized by the preceding section; and the failure of
any state's attorney to comply with this section shall be a misdemeanor in
office, and on conviction thereof he shall be removed.

See notes to sec. 4.

An. Code, 1924, sec. 7. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1856, ch. 16, sec. 9.

6. The committees' on elections of the two houses of the general
assembly shall,' at every session thereof, ascertain from an examination of
the books of the treasury, whether any member elect of their respective
houses is in default to the treasury and, if so, report the same to their
respective houses.

An. Code, 1924, sec. 8. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1856, ch. 16, sec. 6.

7. The writ of quo warranto shall be deemed and taken as sufficient
for the institution, prosecution and decision of the inquiry herein author-
ized and commanded.

An. Code, 1924, sec. 9. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1856, ch. 16, sec. 7.

8. Nothing contained in this article shall invalidate any act done by
any officer within the scope of his authority so long as his commission shall
be unannulled as herein provided.

An. Code, 1924, sec. 10. 1912, sec. 10: 1904, sec. 10. 1888, sec. 10. 1832, ch. 260.

9. No postmaster or his deputies, nor United States marshal or his
deputies shall hold any office under the government of this State or exer-