JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 699

meeting as a board, designate one of the said per-
sons 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.
SEC. 8. And be it enacted, That if, at any time,
for any reason, no judges of election shall be ap-
pointed under this act, or the said judges, upon
the morning of the election, shall refuse to act as
such, the voters o± the said town shall, within an hour after the time for opening the polls has ar-	Voters may appoint in
rived, upon the morning of the day of election, as	case of failure
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 elec-
tion shall be as valid, to enable them to hold said
election, as if they had been originally appointed ; provided that, before acting as such judges, they
shall each take the oath hereinbefore prescribed.
SEC. 9. And be it enacted, That each commis-
sioner, before he acts as such, shall make oath be-
fore a justice of the peace in and for Worcester	Oath to be
county, that he will diligently and faithfully, to the best of his skill and judgment, perform the duties	administered.
of a commissioner of said town without favor,
partiality or prejudice, and a certificate of such
qualification shall be made by the said justice of
the peace, and shall be filed and recorded among
the records of proceedings of said commissioners.
SEC. 10. And be it enacted, That the said commis-
sioners shall meet once in each month, and more
often 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 there-
after as may be possible, elect one of their num-	Elect presi-
ber president, who shall preside at the meetings	dent.
of the board, when 'present give directions to the
clerk and bailiff, by the advice of the commission-
ers, and superintend such improvements of the
town as may be ordered by the board.
SEC. 11. And be it enacted, That the said com-
missioners may appoint a clerk and prescribe his	Appoint
duties and salary ; the said clerk shall keep a book	clerk.