104: LAWS OF MARYLAND. [CH. 52

cil of the town of Capitol Heights shall designate, and a copy
of such designation shall be posted in at least three prominent
places in said town at least three days before each election

Said elections shall be conducted by such judges of election
and such clerks thereof as shall be appointed by said Mayor
and Common Council. Said elections shall be held from seven
o'clock A. M. to eight o'clock P. M., when the polls shall be
closed, and the ballots publicly counted, and the said judges
shall within two clays after each election make a true and cor-
rect return of the same under their hands to be addressed and
transmitted to the Mayor and Common Council.

9. At a meeting of the said Mayor and Common Council
held on the second day after the election the returns shall be
opened by the presiding officer, and certificates of election shall
forthwith be issued by the town clerk to the persons appearing
to be elected as Mayor and Treasurer, respectively, and to each
person appearing to be elected as Councilman by having re-
ceived the highest number of votes, and the said certificates
shall be recorded among the proceedings.

10. 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, Treasurer or Common Councilman have received the
same number of votes, so that there is no choice for the office,
a new election shall be immediately proclaimed by the Mayor
and Common Council to fill the vacancy, from among such tie
candidates, which election shall be held on ten days' notice and
in alt respects as aforesaid, except as to day of election.

11. In case of failure to elect a Mayor and at least
six Councilmen, those in office shall continue to perform the
duties pending an election which shall be held in the manner
and upon the notice prescribed in Sections 8 and 10. Every
Judge of Election before he proceeds with the discharge of his
duty shall take an oath that he will permit every duly quali-
fied person to vote 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 without favor, affection,
or partiality execute the office of clerk of election; said oath
shall be taken before any Justice of the Peace or Mayor of the
town and posted in a prominent place in said town on the day
of election. The Mayor and Common Council are vested with
power and authority to pass all ordinances necessary and proper
in respect to the manner of holding elections and making re-
turns and the manner and time of destroying election returns.