348 LAWS OF MARYLAND. [CH. 152

upon the qualifications of such person as an elector under this
Act. An appeal may be taken from the decision of the judges
to the Council, which shall, for the purpose of considering such
appeals, be in session on election day from 6 o'clock P. M. until
the closing of the polls.

SEC. 9. And be it enacted, That in case of a tie among those
receiving the votes of the electors which shall preclude a de-
cision that any one has received the highest number of votes
for Mayor or Treasurer, or that any six have received the
highest number of votes for councilmen, in that event the
Council shall designate one of said persons, to be Mayor
or Treasurer, and Councilmen, as the case may be, and shall
issue a certificate of election accordingly.

SEC. 10. And be it enacted,, That if any person elected as
Mayor, Treasurer or Councilman shall refuse to serve as such
or his place shall become vacant by death, resignation, dis-
qualification or otherwise, then the other members of the Coun-
cil shall fill the vacancy as early thereafter as possible by ap-
pointment from among the qualified electors of the town; pro-
vided, that if such vacancy occurs by reason of failure to
qualify as provided in Section 12, within two weeks after
notice of his election, or otherwise within one month from the
date of election, then and in that case the person receiving
the next highest number of votes for such office at such elec-
tion shall be deemed to have been elected and entitled to
qualify.

SEC. 11. And be it enacted, That the Council is hereby
empowered, at any time that it shall be deemed advisable, to
divide the town into election districts, and apportion the mem-
bership of the Council among said districts, and provide for
the election of individual members of Council from the re-
spective districts in such manner as it may deem proper and
best calculated to secure a fair representation of the citizens
of the town in the Council; and otherwise to make provisions
for the holding and conduct of elections, general and special,
in a manner not inconsistent with the provisions of this Act.

SEC. 12. And be it enacted, That the members of the newly
elected Council, Mayor and Treasurer, shall meet on the
Monday following their election, or as soon thereafter as
practicable, but not later than July 1st of any year, and take
the oath of office before the Mayor or a justice of the peace of
Calvert County, Maryland, to support and maintain the Con-