PRINCE GEORGE'S COUNTY. 1011

sons at said election shall be elected to serve one year; and an-
nually thereafter three persons shall be elected having the
qualifications above described to serve for two years as council
men.

SEC. 5. The first election hereunder shall be held at such
place as the present commissioners of Capitol Heights shall
designate, after at least ten days' public notice of the same
given by them, and three judges and two clerks thereof, shall
be designated and appointed by them ten days prior thereto;
and at said first election and the election thereafter by the
Mayor and Common Council from two o'clock P. M. to seven
o'clock P. M., when the polls shall be closed and the ballots
publicly counted and the said judges shall, within two days
after the election make a true and correct return of the same
under their hands to be addressed and transmitted as to the
first election, to the president of the commissioners or Mayor
and Common Council, as the case may be, on the second day
after the election to receive the returns of the same.

SEC. 6. At such meeting of the commissioners or the Mayor
and Common Council, as the case may be, the returns shall be
opened by the presiding officer, and certificates of election shall
forthwith be issued by the clerk to the person appearing to be
elected as Mayor, and to each person appearing to be elected as
councilmen by having received the highest number of votes
and the said certificates shall be recorded among the proceed-
ings.

SEC. 7. If at any election it shall appear from the returns of
the judges of election, that any two or more persons voted for
as Mayor or Common Councilman have received the same num-
ber of votes, so that there is no choice for the office, a new elec-
tion shall be immediately proclaimed by the Mayor or the presi-
dent of the board, as the case may be, to fill the vacancy, which
election shall be held on ten days' notice and in all respects as
aforesaid.

SEC. 8. In case of failure to elect a Mayor and at least three
Councilmen, those in office, shall continue to perform the duties
pending and election which shall be held upon the notice pre-
scribed hereinbefore. Every judge of election before he pro-
ceeds to take or receives any votes shall take an oath that he
will permit every qualified person and none other to vote at the
election, every clerk, before he enters any votes on the polls,
shall take an oath that he will diligently and faithfully, with-
out favor, affection or partiality execute the office of the clerk
of election, the several judges may administer the oath to each
other, or take the oath before a justice of the peace, and a cer-
tificate of every such oath signed by the person administering