180

LAWS OF MARYLAND.

the Burgess to appoint, the duty shall devolve upon the assist-
ant Burgess, and in case of his death, absence, inability or
refusal, the like duty shall devolve upon one of the Commis-
sioners chosen by a majority of that body ; and upon failure
of the Burgess, assistant Burgess or Commissioners to perform
the duties imposed by this section, they shall be subject to
indictment in the Circuit Court for Washington county, and
to a fine of twenty-five dollars upon conviction. The said
judge shall be a conservator of the peace during the election
and until the ballots shall be counted and the returns made out,
and shall have the authority to commit offenders for any breach
of the peace, or interference with the election, for a period of
not over twenty days, and to administer oaths or affirmation to
any person touching his qualification as a voter. The said
judge shall appoint a clerk of election from the qualified
voters of said town, who, before acting as such, shall take the
following oath or affirmation, to be administered by the judge:

Oath to be
taken.

I will well and faithfully keep a true record of all the votes
cast at the municipal election to be held in the town of Sharps-
burg, on the day of September, A. D. , according to
the best of my ability. A box shall be kept, in which all the
ballots received shall be deposited by the judge, and the names
of all persons voting shall be written on a list by the clerk.
The polls shall be kept open from nine o'clock A. M. until four
o'clock F. M. Any person not possessing the necessary quali-
fication of a voter at such election, who shall vote thereat,
shall, upon indictment and conviction thereof in the Circuit
Court for Washington county, pay a fine of fifty dollars, or in
default of payment thereof be imprisoned in the county jail
for sixty days.

SEC. 10. At the close of the polls the judge shall immedi-

Notify per-
sons of their
election.

ately count the ballots, cast up the vote and return under his
hand and seal to the Burgess and Commissioners the number
of votes cast for each candidate, or for and against any measure
voted for, and at the same time return the ballots and all records
of said election, and the Burgess and Commissioners shall file
the same and immediately notify the person or persons chosen
of their election, in accordance with the return of the judge.
Before entering upon their duties, the Burgess, assistant Bur-
gess and Commissioners elect shall each take and subscribe the
following oath or affirmation before the retiring Burgess or

Oath to he
taken.

any justice of the peace in and for Washington county : I will
discharge the duties of the office to which 1 have been elected
in the town of Sharpsburg to the best of my ability, without