1402 ARTICLE 33

he makes a selection, the selection of these names must be by agreement and by joint
act of majority supervisors. Election Supervisors v. Loden, 129 Md. 280.

Under act of 1890, ch. 538, and act of 1892, ch. 701, if all the supervisors do not
agree as to the appointment of a ballot clerk, then the representative of the party
entitled to name such clerk may name three eligibles, and. the supervisors-must select
one of the three. If they fail to do so, mandamus lies. Sudler v. Lankford, 82 Md. 146;
Election Supervisors v. Loden, 129 Md. 284.

An. Code, 1924, sec. 10. 1912, sec. 9. 1904, sec. 9. 1896, ch. 202, sec: 9. 1924, ch; 426 sec. 9.
1931, ch. 273. 1937, ch, 95, sec, 10.

11. Each person selected as judge or clerk by the Board of Supervisors
shall be promptly notified of the fact of his selection, with directions to
appear within the time fixed in the notice before the board.for the purpose
of examination; and if, upon examination, he is found qualified, he shall,
unless excused by the supervisors for good cause, be appointed by the
supervisors and shall be bound to serve as such officer for the term of two
years, except as otherwise provided in Section 9 hereof. The supervisor
shall keep books in which shall be written down the names of all the judges
and clerks so appointed, the date and manner of notice to them to appear
and whether or not they appear, and, if appearing, whether they were
appointed, rejected or excused, and if rejected or excused, the reasons
therefor. No person shall be compelled to serve as judge, or clerk for one
year after the expiration of his term of service, and all persons so serving
shall be exempt from jury duty during the term of their service and for one
year thereafter. Any person so selected and notified to appear for exami-
nation who shall not appear before the board as required or shall refuse to
serve, shall be fined not less than one hundred dollars nor more than three
hundred dollars, unless it shall appear that he was not qualified for such
service by reason of ill health, infirmity or old age. It shall be the duty of
the supervisors to notify the State's Attorney of the county or City of Balti-
more of the failure, refusal or neglect of any person, and to require the
State's Attorney to institute proceedings for such penalty at the next term
of court.

An. Code, 1924, sec. 11. 1912, sec. 10. 1904, sec. 10. 1898, ch. 385. 1902, chs. 290, 343,

539. 1904, ch. 325, secs. 9A-9E. 1908, ch. 492. 1910, ch. 291 (p. 100). 1914,

ch. 205. 1918, ch. 120, sec. 10. 1922, ch. 195, sec. 10.

12. The judges and clerks appointed by the Board of Supervisors of
Elections for the several counties of the State shall not be required to appear
before the said Board of Supervisors of Election for the purpose of. exami-
nation as required by Section 11 of this Article, but the said Boards of
Supervisors of Election for the several counties, before making appoint-
ments of any such judges or clerks, shall thoroughly inform themselves as
to the qualifications of the parties appointed, and shall not require their
attendance before the said board for such examination, and they shall
appoint only such persons as are known to them to possess the proper
qualifications for the position to which they are severally appointed, and the
said persons shall be sworn in as provided in Section 13 of this Article,
and shall file with said Board of Supervisors a certificate of qualification.

An Code, 1924, sec. 12. 1912, sec. 11. 1904, sec! 11. 1896, ch. 202, sec. 10. 1898, ch. 142:

1900, ch. 464. 1910, ch. 456 (p. 101). 1914, ch. 727. 1922, ch. 195, sec. 11.

1924, ch. 422. 1937, ch. 95, sec. 12.

13. In appointing the judges and clerks of election, the Boards of
Supervisors of Elections shall designate the persons intended by them to