EDWIN WARFIELD, ESQ., GOVERNOR.

45i

them, and three judges thereof shall be designated and ap-

pointed by them ten days prior thereto, who shall appoint one

clerk, all of whom shall serve without pay ; and at said election

the polls shall be kept open from two o'clock P.M. to six o'clock

P.M., when they shall be closed, and the ballots publicly

counted, and the said judges shall, within two days after the

election, make a true and correct return of the same under

their hands, to be addressed and transmitted to the Mayor, who

shall convene the Common Council on the second Monday in

May after each election to receive the returns of the same.

SEC. 28. And be it enacted, That at such meeting the Mayor

and Common Council shall receive the returns and determine

Receiving
election re-

all questions arising thereon, and certificates of election shall

turns.

forthwith be issued by the clerk to the persons appearing to

be elected as Mayor and Councilmen by having received the

highest number of votes, and the said certificate shall be re-

corded among the proceedings ; and if at any election it shall

appear from the returns of the judges of election that there has

been no election of any two or more persons voted for as Mayor

or Common Council by reason of a tie vote, disqualification or

any other cause, a new election shall be immediately proclaimed

by the Mayor to fill the vacancy, which election shall be held, on

ten days notice, and in all respects as aforesaid provided for

the regular elections.

SEC. 29. And be it enacted, That W. H. D. Warfield, W.

M. Chipley and E. M. Mellor be and they are hereby appointed

Judges of
election.

judges of election to hold the first election under this Act on

the first Monday of May, 1904, between the hours of two and

six o'clock P.M. They may appoint a clerk, and ten days be-

fore the first Monday in May, 1904, they shall give notice that

the election will be held, designating the place which shall be

selected by them, at which election all persons qualified as

prescribed in this Act shall be entitled to vote for one person

for Mayor and six persons for Common Councilmen, and said

judges of election, before opening the polls, shall make oath

before some justice of the peace of said town to permit every

qualified person to vote, and none other; and a majority of the

said three judges shall have power to do all things under this

section in case one of them dies or refuses to act. At such elec-

tion each voter shall have written or printed on his ticket "For

incorporation" or "Against incorporation," and if a majority

of the qualified voters in said town shall vote in favor of in-

corporation, then the provisions of this Act shall take effect,

and the election thereunder shall be valid ; but if a majority of