STATE OF MARYLAND.

xli

a joint letter to be signed by the president of the senate and the
speaker of the house of delegates, and be addressed and trans-
mitted to the secretary of state, if appointed, and if not, as soon
as he shall be appointed, to be by him preserved in his office.

SEC. 21. That the general assembly shall have power to
regulate by law, all matters which relate to the judges, time,
place, and manner of holding elections fur governor and of
making returns thereof not affecting the tenure and term of

Time,
place, man-
ner, &c. of
elections of
governor.

office thereby, and that until otherwise directed, the returns
shall be made in like manner as in elections for electors of
president and vice-president, save that the form of the certifi-
cates shall be varied to suit the case, and save also, that the
returns, instead of being made to the governor and council
shall be made to the senate, and be addressed to the president
of the senate, and be enclosed under cover to the secretary
of state, by whom they shall be delivered to the president of
the senate, at the commencement of the session next ensuing
such election.

Returns,
&c. of go-
vernor.

SEC. 22. That of the persons voted for as governor, at any
such election, the person having in the judgment of the senate,
the highest number of legal votes, and possessing the legal
qualifications, and resident as aforesaid, in the district from
which the governor at such election is to be taken, shall be
governor, and shall qualify in the manner prescribed by the
constitution and laws, on the first Monday of January next
ensuing his election, or as soon thereafter as may be, and all
questions in relation to the number or legality of the votes
given for each and any person voted for, as governor, and
in relation to the returns, and in relation to the qualifications
of the persons voted for, as governor, shall be decided by the

Ascertain-
ing the
results of
election of
governor.

senate, and in case two or more persons, legally qualified
according to the provisions of this act, shall have an equal
number of legal votes, then the senate and house of delegates,
upon joint ballot, shall determine which one of them shall be
governor, and the one which, upon counting the ballots, shall
have the highest number of votes shall be governor, and shall
qualify accordingly.

Case of tie,

SEC. 23. That no person who shall be elected, and shall
act as governor, shall be again eligible for the next succeeding
term.

Ineligible
2d term.

SEC. 24. That the elections to be held in pursuance of this
act, shall be held on the first Wednesday of October, in the
year eighteen hundred and thirty-eight, and for the election of
delegates on the same day in every year thereafter, for the
election of governor on the same day in every third year
thereafter, and for the election of senators, of the first class,

F

Election 1st
Wed. Octo-
ber, 1838.