ART. 22. ] WORCESTER COUNTY.

than five elected, shall immediately certify to the said
persons so elected the fact of there being such a tie,
and the said commissioners, or a majority of them,
shall, at their first meeting as a board, designate one of
the said persons so voted for who has received a tie
vote, to be commissioner, and the said commissioner
shall hold his office for the same time as he would had
he received the highest number of votes.

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Sub-Sec. 1. If at any time, for any reason, no judges
of election shall be appointed under this act, or the
said judges, upon the morning of the election, shall
refuse to act as such, the voters of the said town shall,
within an hour after the time for opening the polls has
arrived, upon the morning of the day of election, as
many of them as are assembled at the place of voting,
select two of their number, voters of said town, to act
as judges of election, and such selection shall be as
valid, to enable them to hold said election, as if they

When voters
may appoint
judges.

had been originally appointed; provided, that before
acting as such judges, they shall each take the oath
hereinbefore prescribed.

Proviso.

134. Each commissioner, before he acts as such, shall
make oath before a justice of the peace in and for Wor-
cester county, that he will diligently and faithfully, to
the best of his skill and judgment, perform the duties
of a commissioner of said town without favor, par-
tiality or prejudice, and a certificate of such qualifica-
tion shall be made by the said justice, and shall be filed
and recorded among the record of proceedings of said
commissioners.

Commission-
ers' oath.

135. The said commissioners shall meet once in each
month, and oftener if they think proper, and a majority
shall constitute a board for the transaction of business;
they shall at their first meeting, or as soon thereafter as

Meetings.

may be possible, elect one of their number president,
who shall preside at the meetings of the board, when
present, give directions to the clerk and bailiff by the
advice of the commissioners and superintend such im-
provements of the town as may be ordered by the
board.
28

President.