16

LAWS OF MARYLAND.

moneys and who has failed to fairly account with the
Treasury, and to whom is charged on the books there-
of, any sum as due to the State, shall be taken and
deemed to all intents and purposes as ineligible as Sena-
tor 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.

Ineligibi-
lity not to
be remo-
ved.

SEC. 2. And be it enacted, That inasmuch as it is the
meaning and purpose of the constitutional provision,
that the person appointed or elected should be eligible at
the time of the appointment or election as the case may
be, it is herein declared that an ineligibility resulting
from a failure to pay into the Treasury as is hereinbefore
provided, shall not be removed so as to validate an elec-
tion or appointment already had or made by an account-
ing with, and payment into the Treasury, but shall only
remove such ineligibility in so far as future elections or
appointments may be involved.

Governor
may issue
commis-
sion.

SEC. 3. And be it enacted, That in each and 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, it shall be his duty to apply to
the Comptroller of the Treasury to know if the party de-
siring to be commissioned, is in default to the State,
and on the Comptroller certifying that such person is
not a defaulter to the State, the Governor may issue the
commission if all the other requirements of the constitu-
tion and laws have been complied with, and not other-
wise.

Writ of
quo war-
ranto.

SEC. 4. And be it enacted, That 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 to be directed to the person pro-
fessing to hold the office mentioned in the commission,
which may have been so as is hereinbefore mentioned
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 that he had not accounted with and paid into the
Treasury of the State any moneys which he should
have accounted for and paid into the Treasury before
such election or appointment, then and in such case the
court before which such trial maybe had shall adjudge