ODEN BOWIE, ESQUIRE, GOVERNOR. 625

Sec. 131. And be it enacted, That the first and all subsequent elections shall be held at the Court House of Worcester County, and the Judges thereof shall be two in number, and be designated and appointed by the Clerk of the Circuit Court for Worcester; the said Judges shall appoint a clerk, and shall keep the polls open from ten o'clock in the morning until four o'clock in the afternoon; they shall carefully count, after clos- ing of the polls, the ballots taken by them, and within two days after said election shall make a true and correct return of the same, under their	Judges and Clerks.
hands, to the Clerk of the Circuit Court for Wor- cester County, who shall forthwith issue certifi- cates of election to the five persons appearing from the said returns to have received the highest num- ber of votes, and the said certificates shall be re- corded among the record of proceedings of the said Commissioners.	How appoint- ed.
Sec. 132. And be it enacted, That the Judges of Election shall before proceeding to hold an elec- tion, take an oath before some Justice of the Peace for Worcester County, to allow all persons to vote who are qualified under this Act, and to allow none to vote unless so qualified.	Oath.
Sec. 133. And be it enacted, That if any person so elected as Commissioner shall refuse to serve as such, or his place shall become vacant by death, resignation or disqualification, or otherwise, the remaining Commissioners or a majority of them shall fill the vacancy as early thereafter as pos- sible from among the qualified voters of the said town; and a failure to qualify within two weeks after election shall be conclusive evidence of a re- fusal to act as Commissioner, and the person ap- pointed to fill said vacancy shall hold his office till the next election; and in case of a tie between any persons voted for at any election under this Act, the Clerk of the Circuit Court for Worcester shall issue certificates only to the persons receiving the highest number of votes, and if there be less than five elected, shall immediately certify to the said persons so elected the fact of their being such a	Refusal o serve.
tie, and the said Commissioners or a majority of them shall at their first meeting as a Board, desig- nate one of the said persons so voted for who hag received a tie vote to be Commissioner, and the 40	Tie vote.