ART 69] DEFAULTERS. 1559

to the State shall be taken and deemed to all intents and pur-
poses 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.

1888, art. 69, sec. 2. 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
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.

Ibid, sec 3. 1860, art 69, 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 tu the
State and on the comptroller's certifying that such person is
not a defaulter to the State the governor may issue the commis-
sion if all the requirements of the constitution and laws have
been complied with, and not otherwise.

Ibid. sec. 4 1860, art. 69, 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 out of the circuit court for the said county, or from the
superior court of Baltimore city, court of common pleas or
Baltimore city court, a writ of quo warranto directed to the
person professing to hold the office mentioned in the commis-
sion 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 appointment to have been
null and void from the beginning and the office to be vacant.

Hawkins v State, 81 Md 311