2176 WORCESTER COUNTY. [ART. 24.

1878, ch. 443

241. The judges of election, before proceeding to hold an
election, shall take an oath before some justice of the peace for
said county, to allow all persons to vote who are qualified under
this sub-title of this article, and to allow none to vote unless so
qualified.

Ibid.

242. If any person so elected as commissioner shall refuse to
serve as such, or if his place shall become vacant by death, resig-
nation, disqualification, or otherwise, the remaining commis-
sioners shall till the vacancy as early thereafter as possible, from
among the qualified voters of the said town; and a failure to
qualify within two weeks after election shall be conclusive evi-
dence of a refusal to act as commissioner; and the person
appointed to fill said vacancy shall hold his office till the next
election; and in case of a tie between any persons voted for at
any election under this sub-title of this article, the clerk of the
circuit court for said county shall issue certificates only to the
persons receiving the highest Dumber of votes, and if there be less
than three elected, shall immediately certify to the said persons
so elected the fact of there being such a tie, and the said commis-
sioners 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 as
fully as if he had received the highest number of votes.

Ibid.

243. If, at any time, for any reason, no judges of election
shall be appointed under this sub-title of this article, or if the
said judges, upon the morning of the election, shall refuse to act
as such, the voters of the said town, who shall have assembled at
the place of voting upon the morning of the day of election,
within an hour after the time for opening the polls has arrived,
shall select two of their number to act as judges of election, and
such election shall be as valid as if they had been originally
appointed; provided, that before acting as such judges they shall
each take the oath prescribed in section 241.

Ibid.

244. Each commissioner, before he acts as such, shall make
oath before a justice of the peace in and for said county, that he