WASHINGTON COUNTY. 4699

elected and qualified. At the same time and in the same manner there
shall also be elected five persons having the same qualifications herein pre-
scribed for the office of Burgess to be Councilmen of Boonsboro, and also
one person of like qualification to be Assistant Burgess. The Burgess,
Assistant Burgess and Councilmen of Boonsboro who shall have been
elected on the first Monday in March, 1904, shall respectively be the
Burgess, Assistant Burgess and Councilmen of the town of Boonsboro
until the second Monday in May in the year 1905, and shall exercise all
the powers and perform all the functions upon them, respectively, by this
Act conferred.

1904, ch. 219, sec. 39.

45. All elections shall be held and conducted as shall from time to
time be directed by the ordinances of the Burgess and Council not incon-
sistent with the provisions of this charter.

1904, ch. 219, sec. 40.

46. In ease of a vacancy in the office of Burgess, by death or other-
wise, or in case any person who may have been elected as Burgess at any
general election, shall fail or refuse to qualify as Burgess within three
days after service of notice of such election, as hereinafter provided, the
Council, at any regular or special meeting, shall elect some legally quali-
fied person to fill the office of Burgess for any unexpired term of any
vacancy caused by death or otherwise, or for the term of any person who
may have refused to qualify; and in case of any election of Burgess by
the Council the person receiving a majority of the whole number of mem-
bers of the Council shall be declared elected as Burgess of said town for
any unexpired term. In case of a vacancy caused by death or otherwise,
or for any term for which any person previously elected may have refused
to qualify, and the clerk of the Burgess and Council shall immediately
certify the vote so taken to elect any such successor or to elect any person
for any term so as aforesaid, and record the same amongst the minutes of
the Burgess and Council, and the said clerk shall forthwith notify the
person so elected, who shall, within three days after the service of such
notice, qualify by taking the oath hereinafter prescribed for town officers;
and if such person elected shall fail to qualify as hereinafter provided,
another election shall be held by the Council to fill the vacancy; and until
such vacancy is filled the Assistant Burgess shall discharge the duties of
the office pro tempore.

1904, ch. 219, sec. 41. 1914, ch. 137, sec. 41. 1929, ch. 300, sec. 41.

47. The Burgess, by virtue of his office, shall preside at all meetings
of the Council, and in case of a tie, except in the passage of ordinances,
shall have the deciding vote. He shall see that the ordinances of the
town are faithfully executed, and shall report to the Council at its first
meeting after each annual election the condition of municipal affairs; he
shall have the power of vetoing any ordinance, as hereinafter provided in
Section 64. The Burgess shall issue all licenses provided by ordinance