LLOYD LOWNDES, ESQUIRE, GOVERNOR.

person so elected as Mayor or City Councilman shall refuse to
serve as such, or if his place shall become vacant by death,
resignation or disqualification or otherwise, the remaining
Councilmen shall fill the vacancy as early as possible from
among the qualified voters of said town, and the person
appointed to till the vacancy, shall hold his office till the next
election ; and in case of a tie between any person voted for at
any election under this section of this Act, the clerk of the
election shall immediately certify to the Councilmen elected,
that the fact of there being a tie, and the said Council shall at
their first meeting as a board designate one of the said persona
who have received a tie vote to be Mayor or Councilman, as.
the case may be, and the said Mayor or Councilman, as the
case may be, shall hold his office as fully as if he had re-
ceived the highest number of votes, provided that the Mayor
and City Council who shall be in office at the time this Act
shall take effect shall hold their respective offices until their
successors shall be elected and shall qualify under the pro-
visions of this Act.

SEC. 4. And be it enacted, That the Mayor and each of
the members of the City Council, before entering upon the

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duties of his office, shall make oath before a justice of the
peace, in and for said county, that he will diligently and faith
fully, to the best of his skill and judgment, perform the duties
imposed by law without favor, partiality or prejudice, and a
certificate of such qualification shall be made by the said jus-
tice of the peace, and shall be filed and recorded among the
records of the proceedings of said Council.
SEC. 5. And be it enacted, That the Mayor shall before the

Make oath.

hour of opening the polls for any election in said city for the
election of Mayor or City Councilmen or for any other pur-
pose, appoint three persons, qualified voters of said city, to act
as judges of election, who before entering upon the discharge
of their duties, shall make oath before the Mayor or any
justice of the peace of Worcester county, to act fairly and
impartially as judges of election ; and in case of failure of
any person or all of said persons so appointed, to appear and
qualify, the Mayor shall appoint another or others to act as
such judge or judges, who shall qualify in manner aforesaid ;
they shall appoint one of their own number to act as clerk;
they shall keep the polls open from two o'clock p. M. to six
o'clock P. M., and they shall within two days after the election
return under their hands the number of votes cast, and for
whom cast, to the clerk of the City Council, who shall file the

Appoint
three Judges
of election.