ART. 23.] WICOMICO COUNTY. 1103

pointed by the Mayor or otherwise, are hereby declared subject
to the provisions and penalties of this section. All offenses
hereunder to be prosecuted under indictment in the Circuit
Court for Wicomico county, the fines to be paid to the City
Treasurer for use of the streets of said city.

136. And be it enacted. That in case the .Mayor shall fail,
neglect or refuse to give notice of any election to be held under
this Act, as hereinbefore provided, any five qualified voters of
the city of Salisbury may give such notice in such manner as
they deem best, and any election held under such notice shall
be as legal and binding as if held under the notice of said
Mayor, and shall be held in and returned in the same manner
as if held under notice of the Mayor, and the judges thereof
shall proceed in the same manner as if appointed by the Mayor,
and shall be liable to the same penalties as judges acting at an
election held under the authority of said Mayor.

137. And be it enacted, That if any of the judges at such an
election shall wilfully make a false return in same, he or they
shall be deemed guilty of a felony, and on conviction shall be
sentenced to the penitentiary for not less than one or more
than ten years.

138. And be it enacted, That the Council be and they are
hereby made the sole judges of the election and qualification of
the Mayor and members of said Council.

139. And be it enacted. That any person entitled as Mayor
or Councilmen, before he enters upon the duties of his office
shall make oath before the clerk of the Circuit Court for Wi-
comico county, that he will diligently and faithfully without
partiality, favor or prejudice, well and truly perform the duties
of Mayor or Councilman of said city, as the case may be,
which oath shall be recorded in the office of said clerk, and a
certificate of which oath shall be returned by said clerk to the
Mayor and Council of said city and recorded amongst the pro-
ceedings of said Council, both of which records or a certified
copy of either of them under seal may be used as evidence in
any court of the State.

140. And be it enacted, That if any vacancy shall occur in
the office of Mayor or Councilman by death, removal, resigna-
tion, failure to qualify or otherwise, the remaining Councilmen
at their next regular meeting, or a meeting called for that pur-
pose, shall elect a qualified person to be Mayor or Council-
man, as the case may be, to fill such vacancy or vacancies, to
serve until the next election and until his or their successor or
successors are qualified, who shall take the oath hereinbefore