ART. 22.] SMITHSBURG. 2019

twenty-five degrees, west sixteen and sixty-eight hundredths
perches; north two and one-half degrees, east seventy-nine and
one-half perches; north forty-eight and three-quarters degrees,
east eighteen and four hundredths perches, to the place of begin-
ning; provided, however, that for sanitary and police purpose
the burgess and commissioners of Smithsburg shall have and
exercise full powers and control for a distance of one-half mile
in every direction from said corporate limits.

1888, ch. 313.

365. The male citizens of Smithsburg of the age of twenty-
one years and upwards, who have resided in the State of Mary-
land and in said town for twelve months next preceding the elec-
tion, shall on the first Monday of May, in the year eighteen hun-
dred and eighty-eight, and upon the same day in every year
thereafter, elect by ballot a person not under twenty-three years
of age, a citizen of the United States, and two years a resident of
said town next preceding the election, to be burgess of said town;
he shall take the oath of office before the clerk of the circuit
court of Washington county, and remain in office until his suc-
cessor is elected and qualified; and further, at the same election
an assistant burgess and three commissioners shall be elected for
the term of one year, and they shall remain in office until their
successors are elected and qualified.

Ibid.

366. In case of a vacancy in the office of burgess, by death or
otherwise, then the assistant burgess shall perform the duties of
the office of burgess for the unexpired term; but in case any
person who may have been elected as burgess, assistant burgess
or commissioner, at any general election, shall fail or refuse to
qualify as burgess, assistant burgess or commissioner, within
twenty days after service of notice as hereinafter provided, then
the retiring burgess, at the expiration of twenty days, shall by
public notice order another election to fill the vacancy caused by
a refusal of any of those elected to qualify; and if the retiring
burgess fails, at the expiration of said twenty days, to order said
election, he shall be liable to indictment in the circuit court for
Washington county, and upon conviction shall be fined or im-
prisoned, or both, at the discretion of the court.