WM. T. HAMILTON, ESQUIRE, GOVERNOR.

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39. It shall be the duty of the town commissioners

of said town at the first election to be held under

this act, as provided in the preceding section, and at

every election thereafter, to appoint three judges of

Appoint
judges.

election for each of said wards, one of whom, at

least, shall be of the opposite political party, and

shall also designate the polling places in said wards.

The names of the judges of election and the polling

places designated as aforesaid shall be published by

said town commissioners in one or more of the news-

papers printed in said town for at least ten days

next preceding the day of election. If said town

commissioners shall fail or refuse to appoint said

judges and designate said polling places as aforesaid,

the clerk of the Circuit Court for Dorchester county

shall appoint said judges and designate said polling

places, and give notice of election as aforesaid, in

Give notice.

which event, if there should not be sufficient time to

give said ten days' notice before the day of election

as aforesaid, such notice shall be posted in five con-

spicuous places in each of said wards, at least five

days before the election.

40. Each of said persons so, as aforesaid, appointed

judge of election, shall, before he proceeds to act as

such judge, make oath before a justice of the peace for

Oath.

the said county, or one of the commissioners of said

town, that he will faithfully and impartially discharge

the duties of his office; and any judge failing to

qualify and act shall be subject to a penalty of fifty

dollars, and upon failure of any judge to attend, the

remaining judge or judges shall hold the election,

and if none of the said judges attend the citizens of

the ward present shall select three judges.

41. The said judges of election for each of said

wards shall, on the day of election, and immediately

after the polls are closed, count the ballots in their

Count ballots.

respective wards, and certify the result under oath,

to be administered as in the preceding section, to

the said town commissioners, together with the bal-

lots cast, and the persons receiving the highest num-

ber of votes in each of said wards respectively shall

be declared elected commissioners for said wards,

and the said certificate shall be recorded and the

ballots preserved for at least two years.

42. If any vacancy shall happen in the office of

commissioner by death, resignation, removal or

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