2666 ARTICLE 70

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 10. 1852, ch. 172, sec. 5.

1854, ch. 18, sec. 9.

11. Any person, whether elected or appointed to office, who shall
decline or neglect to take and subscribe. the oaths prescribed by the con-
stitution or by law or ordinance for the period of thirty days from the
day when the commission of such officer has been received at the office of
the respective clerks, or, in those cases in which no commission is sent to
the clerks, within thirty days after receiving his commission or notice of
his appointment, shall be deemed to have refused said office.

This section in so far as it conflicts with art. 20, sec. 1, has no application to con-
stables. An appointee held to have forfeited his right to qualify as constable by his
neglect to qualify within thirty days. This section does not require a written notice
to be given to a person elected or appointed; notice referred to is knowledge acquired
from any source; notice held sufficient. Little v. Schul, 118 Md. 465. And see Levin v.
Hewes, 118 Md. 646.

Members of a racing commission for Harford County held not to come within pro-
visions of this section. Clark v. Harford, etc., Assn., 118 Md. 617.

This section indicates that commission is a prerequisite to the qualification of an
officer where the law or Constitution requires one to be issued. In absence of a com-
mission clerk has no authority to qualify. Magruder v. Tuck, 25 Md. 218.

This section was intended to insure prompt acceptance of office. The officers are
entitled to no salary until they qualify and enter upon discharge of their duty. Groome
v. Gwinn, 43 Md. 633.

Where an officer fails to qualify in due time under this section, the office is vacant,
and Governor may fill vacancy by reappointing party failing to qualify. This section
construed in connection with art. 33, sec. 1 (providing for appointment of supervisors of
elections), and art. 2, sec. 13, of state Constitution. Sappington v. Slade, 91 Md. 644.

As to the effect of the failure to take the oath of office upon the liability of sureties,
see Laurenson v. State, 7 H. & J. 339.

The limitation of time contained in this section has no application to officers men-
tioned in sec. 2. Quaere, within what time such officers must qualify. Harwood v.
Marshall, 9 Md. 103.

An. Code, 1924, see. 12. 1912, sec. 12. 1904, sec. 12. 1888, sec. 11. 1852, ch. 172, sec. 4.

12. The clerk of the superior court and clerks of the circuit courts
(who shall be entitled to a fee of ten cents for administering the afore-
said oath, to be paid by the party), shall report to the secretary of state,
at least once a month, the names and offices of all officers who have taken
and subscribed the same before them, respectively, which reports shall be
carefully preserved by the said secretary of state; and he shall be compe-
tent to certify the character and qualification of officers equally with the

aforesaid clerks.

It is not the duty of secretary of state to preserve a record of oaths and signatures
of the officers. The only authority given to secretary of state by act of 1852, ch. 172,
to certify, relates to class of officers named in this section. Harwood v. Marshall, 9
Md. 102.

An. Code, 1924, sec. 13. 1912, sec. 13. 1904, sec. 13. 1888, sec. 12. 1779, ch. 25, sec. 9.

13. All deputies and under-clerks of the clerks of any of the courts
in this State, of the registers of wills, commissioner of the land office and
sheriffs, before they enter upon the duties of their several offices, shall
severally take and subscribe the following oath: I, A. B., do swear that
I will not for lucre or malice delay any person applying to me for any
business belonging to the office I officiate in, and that I will not directly
or indirectly ask, take, exact, demand or receive from or charge to any
such person to my own use any fee or reward whatsoever for any services
I may do as deputy of the said office, and that in making out the office fees
I will not wittingly or willingly charge other or higher fees than are
allowed by law.