534

LAWS OF MARYLAND.

four-tenths perches ; north twenty-five degrees-
west, sixteen and sixty-eight-hundredths perches;
north two and one-half degrees east, seventy-
nine and one-half perches ; north forty-eight
and three-quarters east, eighteen and four-

Proviso.

hundredths perches, to the place of beginning;
provided, however, that for sanitary and police
purposes the burgess and commissioners of
Smithsburg shall have and exercise full powers
and control for a distance of one-half mile in
every direction from said corporate limits.
SEC. 298. The male citizens of Smithsburg of
the age of twenty-one years and upwards, who
have resided in the state of Maryland and in

Election of
burgess, etc.

said town for twelve months next preceding the
election, shall on the first Monday of May, in the
year eighteen-hundred and eighty-eight, and
upon the same day in every year thereafter,
elect by ballot a person not under twenty-three
years of age, a citizen of the United States, and
two years a resident of said town next preced-
ing the election, to be burgess of said town; he
shall take the oath of office before the clerk of
the circuit court of Washington county, and
remain in office until his successor is elected and
qualified; and further, at the same election an
assistant burgess and three commissioners shall
be elected for the term of one year, and they
shall remain in office until their successors are
elected and qualified.
SEC. 299. In case of a vacancy in the office of
burgess, by death or otherwise, then the assist-

Vacancies—
how filled.

ant burgess shall perform the duties of the office
of burgess for the unexpired term ; but in case
any person or persons who may have been
elected as burgess, assistant burgess or commis-
sioners at any general election, shall fail or
refuse to qualify as burgess, assistant burgess or
commissioners within twenty days after service
of notice as hereinafter provided, then the retir-
ing burgess, at the expiration of twenty days,
shall by public notice order another election to
fill the vacancy or vacancies caused by a refusal
of those elected to qualify; and if the retiring
burgess fails, at the expiration of said twenty
days, to order said election he shall be liable to
indictment in the circuit court of Washington