JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 159
turn of the same, under their hands, to be addressed
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and transmitted to the president of the commission-
ers, who shall convene the said commissioners on
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When to con-
vene.
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the second day after the said election to receive the
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returns of the same.
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SEC. 31. And be it enacted, That the said presi-
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dent shall then open the said returns in the presence
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Open returns.
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of the commissioners, and the said commissioners
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shall forthwith cause to be issued by their clerk cer-
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tificates of election to the five persons appearing
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from the said returns to have received the highest
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number of votes, with the seal of the commissioners
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attached; and said certificates shall be recorded
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among the record of proceedings of the said commis-
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sioners.
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SEC. 32. And be it enacted) That if at any election
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for commissioners it shall appear from returns of the
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judges of said election that any two or more persons
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voted for as commissioners have received the same
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number of votes, so that there is no choice for the
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Failure to
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entire number required, but a vacancy in one or more
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elect.
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seats, if there shall be as many as three duly elected
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and having qualified as commissioners, upon enter-
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ing upon the duties of their office shall immediately
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proclaim a new election to supply the vacancy caused
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thereby.
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SEC. 33. And be it enacted, That if it shall not
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appear that three of the persons voted for have been
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Proclaim
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duly elected, said commissioners shall forthwith pro-
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new election.
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claim a new election to supply the vacancies occa-
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sioned by the failure to elect.
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SEC. 34. And be it enacted, That every judge of
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election, before he proceeds to take or receive any
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vote, shall take an oath that he will permit every
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Shall take
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qualified person to vote at the election now to be
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oath.
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held, and none other ; every clerk, before he enters
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any vote on the polls, shall take an oath that he will
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well and faithfully, without favor, affection or par-
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tiality, execute the office of the clerk of election
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now to be held ; the several judges may administer
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How admin-
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the oath to each other, or take the same before a
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istered
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justice of the peace resident of said town, and the
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clerk may either be sworn by one of judges or before
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