CAROLINE COUNTY.

2375

Wednesday of October in every third year thereafter, all
persons entitled to vote for delegates to the general assembly,
shall vote by ballot in their respective election districts for five
persons having the same qualifications as are required for said
delegates, to serve as members of the levy court of said county.

by the
people.

SEC. 2. And be it enacted, That the names of the individuals
thus voted for shall be written or printed upon the same ballot
which contains the names of the individuals voted for as dele-
gates to the general assembly, and the office they are intended

By written
or printed ,
ballot.

to fill plainly designated ; Provided, that no mistake or want
of designation in voting for the said members of the levy court
shall invalidate any vote that may be intended for other
purposes.

Proviso.

SEC. 3. And be it enacted. That every ballot which con-
tains the names of more than five persons for members of the
levy court, shall be rejected, so far as relates to the election of
said levy court, it being the intention of this act, that the said
court shall consist of five members, to be chosen from any part
of said county.

Billot con-
taining
more than
five names
to be re-
jected.

SEC. 4. And be it enacted. That the judges of the elections
in said county shall, at the same time and in the mode now
prescribed by law for returning the votes given for delegates
to the general assembly, make a return of the votes given for
the election of members of the said levy court, and the presid-
ing judges when assembled at the court-house, shall in like
manner ascertain the number of votes given to each person in
the election of members of said court, and shall make a re-
turn thereof to the clerk of the county court, in which return
the five persons receiving a majority of the votes given, shall
be declared duly elected as members of said levy court.

Judges to
make re-
turn to
clerk of
county
court.

SEC. 5. And be it enacted, That the levy court thus elected,
shall choose one of its members, to act as president, -and if a
vacancy should occur in said court, by removal from the
county, death, resignation or refusal to serve, or otherwise,
then a quorum of the board shall appoint a person qualified as
aforesaid to fill such vacancy till the next annual election.

Levy court
to choose
their presi-
dent.

SEC. 6. And be it enacted, That if in the election of said
levy court, there should be a tie, between the fifth and sixth
candidates, then the governor, with the advice and consent of
the senate, shall appoint one of the persons thus having an
equal number of votes to serve as a member of the said levy
court.

In case of
tie in elec-
tion of levy
court, go-
vernor to
decide.

SEC. 7. And be it enacted, That in the event of such tie,
the clerk of the county shall within ten days after the said
election, notify in writing the governor of the existence of
such tie.

Clerk to
notify go-
vernor of a
tie.