Id. s. 7. 1852, c. 172, s. 2. 23 Md. 513. clerk of the Circuit Court, or before one of the sworn deputies of such clerks. 7. The said clerks shall each procure and keep in his office a wellTest-book to be bound book, to be called the test-book, in which shall be printed or kept by clerks. conspicuously written the oaths aforesaid, and every person taking or subscribing the same shall annex to his signature the title of the office to which he shall have been elected or appointed, and the date of his signature. Id. s. 8. art. 37. 1854, c. 18, s. 1. 8. It shall only be necessary for an officer who is required to take and subscribe the oath prescribed by the sixth section of the first Oath prescribed. article of the Constitution, to declare orally at the time, his belief in the existence of God; and it shall be presumed that an officer who Declaration of has taken and subscribed the oath made at the same time such declaration of belief. belief. Id. s. 9. 1854, c. 18, s. 3. Oath of office. Id. s. 10. 1852, c. 172, s. 5 ; 1854, c. 18, s. 9. Officer neglect sumed to decline. 25 Md. 217. 9. The oath to be administered to a person who has an appointment which requires him to take an oath, but who is not embraced in the provisions of the aforesaid section of the Constitution, shall be: that he will faithfully discharge his duty; unless a different form of oath is prescribed by law or ordinance. 10. Any person, whether elected or appointed to office, who shall decline or neglect to take and subscribe the oaths prescribed by the ing to take, pre- Constitution, 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 acceptance of said office. Id. s. 11. 1852, c. 172, s. 4. Fee. 11. 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 aforesaid oath, to be paid by the party), shall report to the secNames to be re-retary 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 competent to certify the character and qualification of officers equally with the aforesaid clerks. ported to secretary of state. Id. s. 12. 1779, c. 25, s. 9. and under clerks. 12. All deputies and under clerks of the clerks of any of the Oath of deputies courts of this State, of the register of wills, commissioner of the Land Office, and sheriffs, shall, before they enter upon the duties of their several offices, 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. Const. art. 3, s. 1856, c. 16, s. 1. Failure to account with cers, makes for office until treasury by offi them ineligible payment. 1. Every person who has become, since the adoption of the Con- Art. 69, s. 1. stitution of the State, a collector, receiver, or holder of public 12 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. 2. An ineligibility resulting from a failure to pay into the treasury, Id. s. 2. 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. 1856, c. 16, s. 2. when payment shall render eligible. Duty of governor before 3. In every case in which the governor shall be called upon to Id. s. 3. issue a commission to any officer under the Constitution and laws 186, c. 16, s. 3. of this State, he shall apply to the comptroller to know if the party issuing commisdesiring to be commissioned is in default to the State, and on the sion. comptroller's certifying that such a person is not a defaulter to the State, the governor may issue the commission, if all the requirements of the Constitution and laws have been complied with, and not otherwise. 1856, c. 16, s. 4. Quo warranto to sion wrongfully revoke commis issued. 4. Whenever the governor shall be apprised that a commission Id. s. 4. 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 person 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 appointment to have been null and void from the beginning, and the office to be vacant. Id. s. 5. 1856, c. 16, s. 5. State's attorneys to issue. 1876, c. 206. Comptroller to furnish accounts. Publication. Id. s. 7. Committees on elections to re 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 the said city who was at the time of his election or appointment to office in default to the treasury of the State for not accounting for and paying over to the treasury any money's which he ought to have accounted for and paid into the treasury, shall cause inquiry to be made of the comptroller for a statement of the account of the party so commissioned, and if it shall appear from the certificate of the comptroller that said person is in default, shall cause the proceeding to be had authorized by the preceding section, and the failure of any State's attorney to comply with the provisions of this section shall be a misdemeanor in office, and, on conviction thereof, he shall be removed. 6. The comptroller shall furnish each officer of the State, whose accounts are in arrears, at least sixty days prior to a general election, a full statement of his accounts, and, in default of his accounting for such deficiencies within thirty days, then it shall be the duty of the comptroller to have published weekly, for one month, in one or more newspapers in the county or city in which said defaulters have held, or may be holding office, and in no other newspapers, the names and titles of said officers with the amount of said deficiencies, and the cost of advertisement of the account of each such defaulter may be recovered in the name of the State against the official bond of such defaulter. But no defaulter whose accounts have remained unsettled for over five years shall be advertised. 7. The committees on elections of the two houses of the General 1861689 Assembly shall, at every session thereof, ascertain from an examination of the books of the treasury whether any member-elect of General Assem- their respective houses is in default to the treasury, and if so, report the same to their respective houses. port members of bly who are defaulters. Id. s. 8. 1856, c. 16, s. 6. Quo warranto sufficient to test right to office. Id. s. 9. 1856, c. 16, s. 7. 8. The writ of quo warranto shall be deemed and taken as sufficient for the institution, prosecution, and decision of the inquiry herein authorized and commanded. 9. Nothing contained in this article shall invalidate any act done Acts done while by any officer within the scope of his authority, so long as his commission shall be unannulled as herein provided. in office not invalidated. Id. s. 10. 1832, c. 260. Postmaster, marshal or deputy shall not hold any State office. Id. s. 11. tor of taxes 10. No postmaster or his deputies, nor marshal or his deputies, shall hold any office under the government of this State, or exercise any of the functions of any officer, under the penalty of fifty dollars for every offence, to be recovered by indictment in the Circuit Court for the county where the offence may be committed, or in the Criminal Court of Baltimore, if committed in said city. 11. No sheriff, constable, or collector of taxes shall, while he continues in office, purchase any debt or claim held by or due from any person residing in the county or city wherein he is sheriff, constable, or collector of taxes, under the penalty of fifty dollars for each offence. TITLE XVI. Public Health. ARTICLE 25. STATE BOARD OF HEALTH AND VACCINE AGENCY. ARTICLE XXV. STATE BOARD OF HEALTH AND VACCINE AGENCY. BOARD OF HEALTH. 1. Five physicians to constitute board; tenure 3. Meetings; officers; compensation of secreof office. 2. Powers and duties of board; reports to legislature. tary; travelling expenses of members. 4. Duties of secretary; salary. 6. State vaccine agency established. VACCINE AGENCY. 7. Appointment of State vaccine agent; duties; salary; power of governor. 8. When physician paid by county commissioners, etc. 9. Who to be vaccinated; penalty. 10. Penalty for wilful use of defective virus. 11. Duty of parents and guardians; penalty. 13. How fines recoverable. 15. True vaccine virus; how obtained; re- BOARD OF HEALTH. Five physicians to constitute board. 1. The governor, by and with the advice and consent of the 1874, c. 200, s. 1. Senate, shall appoint five physicians, of whom one shall always be a resident of one of the counties of the Western, and one of the Eastern Shore; who shall constitute the State board of health; the physicians so appointed shall hold their office for two years, and until Tenure of office. their successors are appointed, and all vacancies in the board shall be filled by the governor. 2. The State board of health shall take cognizance of the interests of health and life among the people generally; they shall make sanitary investigations and inquiries respecting the causes of disease, especially of epidemics, the sources of mortality and the effects of localities, employments, conditions, and circumstances on the public health, and they shall gather such information in respect to these matters as they may deem proper; they shall devise some scheme whereby medical and vital statistics of sanitary value may be obtained, and act as an advisory board to the State in all hygienic and medical matters; they shall make special inspections I. s. 2. Powers and of public hospitals, prisons, asylums, and other institutions, when directed by the governor or the legislature, and shall at each regular Reports to legis- session of the legislature submit a full report of their acts, investigations, and discoveries, with such suggestions as they may deem. proper. lature. 3. The State board of health shall meet at least once in every three months, and as much oftener as they may deem proper; their first meeting shall be held within two weeks after their appointment shall have been made, and three members shall always constitute a quorum for business; they shall elect from their own number a president and a permanent secretary, the latter of whom shall be the executive officer of the board; no member of the board except the secretary shall receive any compensation, but the actual travelling expenses of the members, while so engaged in the duties of the board, shall be allowed and paid out of the general fund. 4. The secretary shall perform and superintend the work prescribed in this act, and such other duties as the board shall require; he shall also furnish to the legislature, when in session, and to the governor when required, such information, cognate to this act, as from time to time they may deem necessary; an annual salary of fifteen hundred dollars shall be paid to him in the same manner as that of other State officers, and such necessary expenses as the comptroller of the treasury shall audit on presentation of an itemized account, with vouchers and the certificate of the board, shall be allowed him. 5. The expenses of the State board of health, including the salary of the secretary, shall not exceed three thousand dollars a year. 1872, c. 257, s. 1. State vaccine agency established. Id. s. 2. Appointment of State vaccine agent. Duties. Salary. VACCINE AGENCY. 6. A State vaccine agency is hereby established; said agency to be located in the city of Baltimore, in which place shall be kept, at all times, a supply of fresh and pure vaccine virus, if practicable, not more than four removes from the cow, for the use of the physicians residing and practicing medicine and surgery in this State. 7. The governor, by and with the advice and consent of the Senate, shall, once in six years, appoint as State vaccine agent, one physician of good character and standing, whose duty it shall be to keep on hand, and to procure as often as may be necessary, pure vaccine virus, and to furnish such virus to the physicians of the State gratuitously when called for. He shall keep a record of the name and location of each physician so furnished with virus, together with the quantities, qualities, and number of times. He shall be required to advertise once a month in one or more of the newspapers published in the city of Baltimore, and once during the year (three insertions) in one paper of each county. He shall, for his services as State vaccine agent, receive an annual salary of six hundred dollars, and to defray the expenses incurred by him in procuring relia |