4386 ARTICLE 20.

qualify or be present at the opening or to open the polls, then the Mayor
shall at once appoint another person or persons to act in place of the
one (or of those) not qualified or being present, and if the Mayor shall
fail to appoint a new judge or judges as aforesaid, then the judge or judges

who is or are present shall appoint from the qualified voters who are
present some qualified judge or judges in lieu of the on'e or more failing to
be present or to qualify or to act as aforesaid, and the judge or judges
present may administer the required oath to the judge or judges so ap-
pointed. And in case that none of the judges are present at the time for
the opening of the polls at such election, then the qualified voters who are
present shall select three of their number, who shall qualify before a Jus-
tice of the Peace or one of the Justices of the Peace (or one of the judges
of the election), and act as judges of said election, subject to all the pro-
visions and penalties herein. The judges shall appoint one of their num-
ber as clerk to the election; they shall keep the polls open from eight o'clock
A. M., to six o'clock P. M.; they shall within two days of the election
return under their hands and seals the number of votes cast for each person
and for what object or office, together with the ballots, taken in sealed
packages to the Clerk of the Circuit Court for Somerset County, who shall
record said returns and preserve said ballots for at least two months; the

Clerk shall issue certificates of election to the persons appearing by said
return to have received the largest number of votes, or to the answer of the
voters to any question submitted to them at the election; said certificate
shall be recorded in the proceedings of said Council. Should the Mayor
wilfully fail to perform any of the duties devolving upon him under the
provisions of this section, he shall be deemed guilty of a misdemeanor,
and, on conviction, be fined not less than $25.00 and costs and be com-
mitted to the County Jail until fine and costs are paid, or shall be both
fined and imprisoned, at the discretion of the Court. All the judges of
election and other officers under this act, whether appointed by the Mayor
or otherwise, are hereby declared to be subject to the provisions and pen-
alties of this section. All offenses hereunder shall be prosecuted by indict-
ment in the Circuit Court of Somerset County, the fines to be paid to the
City Treasurer for the improvement of the streets of said City.

1910, ch. 529, sec. 60 (p. 1082).

57. In case the Mayor shall fail, neglect or refuse to give notice of any
election to be held under this Act, as hereinbefore provided, any five quali-
fied voters of the City of Crisfield may give such notice in such manner as
they deem best, and any election held under such notice, or under these
circumstances, shall be as legal and binding as if held under the notice of
said Mayor, and shall be held and returned in the same manner as if held
under notice of the Mayor, and the judges thereof shall proceed in the
same manner as if appointed by the Mayor, and shall be liable to the
same penalties as judges acting at an election held under the authority of

the Mayor.