4116 ARTICLE 17

judges of said elections that any two or more persons voted for as commis-
sioners have received the same number of votes, so that there is no choice
for the entire number required, but a vacancy in a seat; if there should
be as many as two elected, said two having qualified as commissioners upon
entering upon the duties of their offices shall immediately proclaim a new
election to supply such vacancy; if it shall appear that two of the persons
voted for have not been returned as elected, the commissioners then in
office shall forthwith proclaim a new election to supply the vacancy occa-
sioned by the failure to elect. Every judge of election, before he proceeds
to take or receive any vote, shall take an oath that he will permit every
qualified voter, and none other, to vote at the election; every clerk, before
he enters any vote on the polls, shall take an oath that he will well and
faithfully, without favor, affection or partiality, execute the office of clerk
of the election; the several judges may administer the oath to each other
or take the same before a justice of the peace, resident of the town, and
the clerks may be sworn by one of the justices of the peace resident of the
town, or may have the oath administered by one of the judges of election,
and a certificate of every such oath, signed by the person administering
the same, respectively, shall be annexed to the tally sheets; and the Com-
missioners of Upper Marlboro are vested with power and authority to pass
all ordinances necessary and proper for the making of election returns,
and failure of the judges of election to attend at the time appointed for
holding any election on and the manner and time destroying said returns,
but any qualified voter in said town feeling himself aggrieved by any deci-
sion of said town commissioners or the judges of election in regard to
any town election, may appeal therefrom to the Circuit Court of Prince
George's County, which Court shall hear and determine such an appeal,
and decide who shall pay the costs thereof; if during the term for which
they may be elected any of the said commissioners shall die, resign or
remove from the town or be otherwise disqualified, a special election to
fill the vacancy on ten days' notice thereof being given by the president of
the commissioners shall be held, at which all persons qualified as specified
in Section 992 shall be entitled to vote.

1902, ch. 123, sec. 316. 1912 Code, sec. 600.

995. Fredrick Sasser, John H. Traband and Solomon M. Sweeney,
hereinbefore appointed commissioners of the said town, shall meet within
two weeks within the passage of this act, and shall take the oath of office
described above before a justice of the peace of Prince George's county
and organize a board by the election of one of their number as president,
one secretary and the remaining member as treasurer, and they shall from
time to time appoint a chief bailiff and under bailiff, and such other offi-
cers as may be found necessary to do and perform all things required and
allowed to be done by the Commissioners of Upper Marlboro under the
provisions of this act and of the provisions of Article 17 of the Code of
Public Local Laws, subtitle "Upper Marlboro,' and they and their ap-
pointees are hereby invested with all the powers and are required to per-