ART. 69.] OFFICERS—DEFAULTERS. 1025

P. G. L., (1860,) art. 69, 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 re-
moved so as to vah'date an electiou 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.

Ibid. 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 commissioned 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 re-
quirements of the constitution and laws have been complied with,
and not othef wise.

Ibid, sec 4. 1856, ch. 16, sec. 4.

4. Whenever the governor shall be apprised that a commis-
sion has been inadvertently issued to any one, he shall cause
the State's attorney of the county or of the city of Baltimore, to
sue ont of the circuit court for the said county, or from the
superior court of Baltimore city, court of common pleas or Balti-
more 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 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
appointment to have been null and void from the beginning, and
the office to be vacant.

Ibid, 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 commissioned in their respective counties or in the said
65