HERBERT R. O'CONOR, GOVERNOR. 1127

such place in said town as the Election Supervisors herein-
after provided for, shall designate, vote for one person to serve
as Mayor of said town f or the term of two years from the sec-
ond Monday in May of the year of his election, and until the
qualification of his successor.

And on the first Monday in May, 1943, and every two years
thereafter, at the same place the qualified voters residing in
the respective wards shall vote for one person resident in such
ward to be Councilman to serve for two years from the second
Monday in May, next after his election and until the qualifica-
tion of his successor. All elections of Mayor and Councilman
between the effective date of this Act and the First Monday
in May, 1943, shall be for terms ending on the Second Monday
in May, 1943.

If it shall appear from the election returns that any two or
more persons voted for Mayor or for Councilman from any
of the four wards, have received the same number of votes
so that there has been a failure to elect, then the Mayor or
Councilman at such time filling the place for which there hag
been no election, shall continue to perform the duties thereof
pending a new election, and it shall be the duty of the Mayor
and Common Council to order a new election for such officer
or officers by directing the Supervisors of Election hereinafter
provided for to hold such election, whereupon it shall be the
duty of said Supervisors to Election to fix a date therefor
not less than fifteen nor more than thirty days from the date
of their receipt of such order, and they shall give ten days'
notice thereof in the same manner 'as they are required to
give notice of the regular election.

In case of a vacancy occurring in the office of Mayor, the
members of the Council shall elect a duly qualified person to
fill such vacancy at their next regular meeting after the oc-
currence of such vacancy, and in case they shall fail to so
elect they shall at once call a new election in the same man-
ner and under the same conditions as that to be called in
case of a failure to elect at the regular election.

In case of a vacancy in the office of Councilman of any ward,
the Mayor with the advice and consent of the remaining
members of the said Council shall appoint a qualified person
to serve as Councilman from said ward for the unexpired term.

763. On or before the first day of April, 1943, and every two
years thereafter, the Mayor and Common Council shall appoint
two qualified voters of said town not holding any other office
thereunder as Supervisors of Election, who shall also act as
Registration Officials and Judges of Election at any election
held during the two years succeeding their appointment. In
case of a vacancy occurring in said biennium in the office of