ART. 24. ] QUALIFICATIONS AND RESTRICTIONS OF OFFICERS. 237
ARTICLE XXIV.
QUALIFICATIONS AND RESTRICTIONS OF OFFICERS.
1 Defaulters ineligible to office until pay-
ment
2 When payment shall render eligible
3 Duty of governor before issuing commis-
sion
4 Quo warranto to revoke commissions
wrongfully issued.
5 State's attorney to issue
6 Comptroller to furnish accounts, publica-
tion
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7 Committees on elections to report mem-
bers of the General Assembly who are
defaulters
8 Quo warranto sufficient to test right to
office
9 Acts done while in office not invalidated
10 Postmaster or deputies, marshal or depu-
ties, not to hold State office
11 Sheriff, constable, or collector of taxes, not
to purchase claims
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1. Every person who has become, since the adoption of the Con-
stitution of the State, 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.
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Art 69, s 1
Const art 3, s
12
1856, c 16, s 1
Failure to ac-
count with
treasury by offi-
cers, makes
them ineligible
for office until
payment.
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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 bad 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 con-
cerned.
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Id s 2
1856, c 16, s 2.
When payment
shall render
eligible.
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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 commissioned is in default to the State, and on the
comptroller's certifying that such a person is not a defaulter to the
State, the governor may issue the commission, if all the require-
ments of the Constitution and laws have been complied with, and
not otherwise.
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Id s 3
1856, c 16, s 3.
Duty of
governor before
issuing commis-
sion
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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 particular 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, a writ of quo warranto, directed to the per-
son professing to hold the office mentioned in the commission so
improvidently 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 appointment of such person he had not accounted with
and paid into the treasury of the State any money which he should
have accounted for and paid into the treasury before such election
or appointment, then the court shall adjudge said election or appoint-
ment to have been null and void from the beginning, and the office
to be vacant.
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Id s 4
1856, c 16, s 4.
Quo warranto to
revoke commis-
sion wrongfully
issued
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