202 LAWS OF MARYLAND. [CH. 96

him eligible to election, he shall forfeit such office, and such
forfeiture shall be declared by the said City Council, and the
vacancy caused thereby shall be immediately filled as herein
provided; and if the said City Council shall neglect or refuse
to declare such vacancy and to fill the same, then any tax-
paying citizen of said city, being a legal voter therein, may
file a petition in the Circuit Court for Allegany County against
such officer, and the said court, or the judge thereof, if in vaca-
tion, shall pass an order requiring such officer to show cause
why his office should not be vacated, and the vacancy filled as
herein provided, and such order shall be made returnable not
more than twenty days after its passage, and a copy thereof
shall be served on such officer; and if he shall fail to answer
the same, said court or the judge thereof, if in vacation, shall
hear and determine such matter ex parte; and, if such officer
shall answer the same, then the said court, or the judge thereof,
if in vacation, shall hear at once and determine the issue raised
by such petition and answer, and shall declare the office of the
said respondent vacant, and order the election of his successor
as herein provided, or shall dismiss the petition, as the proof
may justify, and may award costs as may appear equitable and
right.

16. Resignation by the Mayor or any Councilman elected
under this Act shall be made in writing to the Mayor and City
Council for their action thereupon. In case of the removal of
the Mayor or any Councilman from the territorial limits of
said city, such removal shall ipso facto be deemed to create a
vacancy in his office. In case of any vacancy from any cause in
the office of Mayor, or any Councilman, the Mayor and City
Council shall fill such vacancy by appointment until the next
succeeding regular election; provided, such election is not more
than one year off, and the person so appointed shall possess all
the qualifications required by this Charter for such office; but
should such election be more than one year off, this said office
shall be filled by an election called for that purpose, according
to law, in accordance with the methods herein prescribed for
regular elections. In case of vacancy in the office of Mayor,
from any cause, the Mayor and City Council may appoint one
of their number to act as Mayor pro tempore until such vacancy
is filled as provided in this section, and such Mayor pro tempore
shall have and exercise all the powers and duties while he so
acts, and his acts shall have the same force and validity as in
the case of a Mayor or Councilman regularly elected and quali-
fied.