HEAD, Justice.
1. The first question for determination by this court is whether or not the office of County Surveyor of Fulton County was vacant at the time the relator was appointed to the office by the Board of Commissioners of Roads and Revenues of Fulton County.
The Code, § 89-501, provides: "All offices in the State shall be vacated — . . (6) By failing to apply for and obtain commissions or certificates, or by failing to qualify or give bond...
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