152

STATE OF MARYLAND.

CHAP. 123.

attached, and said certificate shall be recorded among the
proceedings of the commissioners; if at any election of com-
missioners it shall appear from the returns of the judges of
said elections that any two or more persons voted for as com-
missioners have received the same number of votes, so that
there is no choice for the entire number required, but a
vacancy in a seat ; if there should be as many as two elected,
said two having qualified as commissioners upon entering upon
the duties of their offices shall immediately proclaim a new
election to supply such vacancy ; if it shall appear that two of
the persons voted for have not been returned as elected, the
commissioners then in office shall forthwith proclaim a new

New election.
Oath taken.

election to supply the vacancy occasioned by the failure to
elect. Every judge of election, before he proceeds to take or
receive any vote, shall take an oath that he will permit every
qualified voter, and none other, to vote at the election ; every
clerk, before he enters any vote on the polls, shall take an
oath that he will well and faithfully, without favor, affection
or partiality, execute the office of clerk of election ; the
several judges may administer the oath to each other or take
the same before a justice of the peace, resident of the town,
and the clerks may be sworn by one of the justices of the
peace, resident of the town, or have the oath administered by
one of the judges of the election, and a certificate of every such
oath, signed by the person administering the same, respectively,
shall be annexed to the tally sheets ; and the Commissioners

Vested with
power.

of Upper Marl borough are vested with power and authority
to pass all ordinances necessary and proper fur the making of
election returns, and failure of the judges of election to attend
at the time appointed for holding any election on and the
manner and time destroying said returns, but any qualified
voter in said town feeling himself aggrieved by any decision
of said town commissioners or the judges of election in regard

Appeal may
be taken.

to any town election, may appeal therefrom to the Circuit
Court of Prince George's County, which Court shall hear and
determine such an appeal, and decide who shall pay the costs
thereof; if during the term for whicfi they may be elected any
of the said commissioners shall die, resign or remove from the
town or be otherwise disqualified, a special election to fill the
vacancy on ten days' notice thereof being given by the presi-
dent of the commissioners shall be held, at which all persons
qualified as specified in section 313 shall be entitled to vote.

316. The said Frederick Sasscer, John H. Traband and
Solomon M. Sweeney, hereinbefore appointed commissioners
of the said town, shall meet within two weeks from the passage
of this Act and take the oath of office described above before