LAWS OF MARYLAND.— 1833.

1127

bly, shall have a right to vote for the whole number of electors,
and the several persons to the number required to be chosen,
having the highest number of votes, shall be declared and
deemed duly appointed electors ; but forasmuch as some of the
persons voted for as electors may have an equal number of

Qualified
voters.

votes, so as to defeat a choice between them ; Be it enacted,
That in such case, the governor and council shall determine
by lot, which of the persons having such equal number of
votes, shall be electors, so as to complete the whole number to
which the state shall be entitled.

Case of tie;
by lot.

SEC. 2. And be it enacted. That in all other respects than is
herein before provided for, the said election shall be conducted,

Election
conducted*

the returns thereof made in the same manner as is provided for
in the act to which this is a supplement.

Returns*

SEC. 3. And be it enacted, That upon the meeting of the
persons returned elected electors of president and vice-president,
as provided for by this act, or as many of the said persons as
may attend on the day appointed by the constitution and laws
of the United States, before proceeding to perform the trust re-
posed in them, the place or places of any absent member or
members may be supplied by the members present, who shall
have power to appoint the same, and the said person or persons
when appointed and qualified, shall be entitled to all the rights
and privileges of those proclaimed by the executive authority of
the state, as duly elected electors of president and vice-president
of the United States.

Case of ab-
sence of
electors.

CHAPTER 262.

AN ACT Supplementary to the Act, passed at December session, eighteen

hundred and thirty-one,* extending the Powers of Executors of Last
Wills and Testaments, and for other purposes.

* Ch. 315.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That in all cases where an executor shall hereafter sell real
estate of a testator or testatrix, by virtue of last will and testa-
ment, and shall account to the orphans court of the county, in
which letters testamentary were granted, as is directed by the
provisions of the act of which this is a supplement, the said
court may allow such executor or executrix, a commission on
the proceeds of sales of such real estate, not less than two per
cent, nor more than ten per cent.

Compensa-
tion for sell-
ing estate.

SEC. 2. And be it enacted, That all parts of the act of which
this is a supplement, that are inconsistent with this act, be and
they are hereby repealed.

Repeal