ART. 7.3 GABBOLL COUNTY. 421
charge the expense thereof to the owner or owners of the pro<-
perty in front of which such work may be done, and shall recover
the same by distress on such property with costs; Provided, that
the burgess and commissioners aforesaid shall not have power to
pasa an ordinance requiring the paving of sidewalks, repairing,
&c. to be done as provided for in this section without having first
submitted the question whether the said paving, repairing, &c.
shall be done by the inhabitants of said town, and obtained a,
vote of two-thirds of the property holders thereof in favor of
said paving, repairing, &c.
90*. The said burgess and commissioners shall have power to
make all such by-laws, regulations and ordinances as from time to
time they may deem wise, equitable and expedient for the com-
fort, health, convenience and prosperity of the said town and the
inhabitants, for the prevention or removal of nuisances, preserva-
tion of health, and suppression of vice and immorality within
the limits of said town, and shall have power to. lay an equal tax
on the property within the limits of the said town, to such
amount as may from time to time be deemed necessary to acooin-
plish the purposes aforesaid, which tax shall be collected and
paid to the said burgess and commissioners by a collector to be
by them appointed, who shall have the same power to distrain
therefor as the collector of the public county assessment has to
distrain for the same, and the said burgess and commissioners
shall fix the term of office, responsibility and compensation of
such collector.
91*. At all elections for burgess, assistant burgess, and com-
miBaioners, those -persons who shall receive the highest number
of votes for the respective offices, shall ba duly elected, and shall
qualify as such before a justice of the peace of the county, that
they will discharge the duties of their respective offices according
to the best of their skill and judgment, without fear or favor,
affection or partiality to any, a copy of which oath shall be en-
tered on the journal of said corporation with the certificate of
the justice administering the same; and if at any election for
burgess, assistant burgess, and commissioners any two or more
persons shall have an equal number of votes, by which no choice
shall be made, a. second election shall be held^ after not less than
ten days' notice, and so until a choice shall be made.
92*. The said burgess shall be the treasurer for the said corpo-
ration, and shall bond to said corporate body, with security to be
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