340

LAWS OF MARYLAND.

ter, on the first Monday in May, elect three persons

who are owners of real estate in said town to be

commissioners of said town, to serve for two years

from the date of their election and until their suc-

cessors are elected and qualified, and the services

rendered by the said commissioners shall be gratu-

itous and without pay.

SEC. 4. And be it enacted, That the first election

shall be held at the " Excursion House " in said town,

Election —

and the judges thereof shall be two in number, and

. where held.

shall be two of the justices of the peace in Berlin

election district number three ; the said judges shall

appoint a clerk, and shall keep the polls open from

two o'clock P. M. until five o'clock P. M. They

shall carefully count, after closing of the polls, the

ballots taken by them, and within two days after

said election shall make a true and correct return of

the same, under their hands, to the clerk of Circuit

Court of Worcester county, who shall forthwith issue

certificates of election to the three persons appearing

from the said returns to have received the highest

number of votes ; and the said certificates shall be

recorded among the records of proceedings of the

said commissioners.

SEC. 5. And be it enacted, That the judges of

election shall, before proceeding to hold an election,

take an oath before some justice of the peace for

Take oath.

Worcester county, to allow all persons to vote who

are qualified under this act, and to allow none to vote

unless so qualified.

SEC. 6. And be it enacted, That if any person so

Failure to

elected as commissioner shall refuse to serve as such,

serve

or his place shall become vacant by death, resigna-

tion or disqualification, or otherwise, the remaining

commissioners shall fill the vacancy as early there-

after as possible from among the qualified voters of

the said town, and a failure to qualify within two

weeks after election shall be conclusive evidence of

a refusal to act as commissioner ; and the person ap-

Vacancy —

pointed to fill said vacancy shall hold his office till

how filled.

the next election ; and in case of a tie between any

persons voted for at any election under this act, the

clerk of the Circuit Court for Worcester county