1322 LAWS OF MARYLAND. [CH. 761

43. If any vacancy shall occur by the death, resignation,
removal from Town or refusal to act of any commissioner of
said town, or if any person elected as commissioner of said
town shall be disqualified from any cause, the remaining com-
missioners shall elect a qualified person to fill said vacancy;
and all cases of contested election of said commissioners shall
be decided by the Judges of the Circuit Court for Prince
George's County in the manner provided by the General Elec-
tion Laws and pending any contest actually filed, and until
the said Court shall decide who is legally elected, the commis-
sioner or commissioners whose election is contested if he or
she is holding the office by virtue of a previous election shall
continue to hold the office until the contested election is de-
cided, and until their successors shall be legally elected and
qualified.

44. If the citizens of said town at any time neglect to hold
an election at the time fixed by this charter, the power of
electing commissioners shall not cease, but shall continue and
the commissioners for the time being shall continue in office
until the election and qualification of their successors, but
in such case said Commissioners are hereby directed to call
an election as soon as practicable after the regular election
date.

45. Every commissioner, before entering upon the duties of
his office, shall make oath before some justice of the peace for
Prince George's County, that he will diligently and faithfully
according to the best of his judgment, perform the duties of a
commissioner of said town without favor, partiality or
prejudice, and a certificate of such qualification shall be re-
turned by the said justice to the commissioners, to be filed and
recorded among their proceedings. Failure to take the oath
of office within thirty days after election shall constitute a
vacancy in that office.

47. They shall appoint a clerk and a treasurer, or may
appoint the same person clerk and treasurer, and prescribe
his or their duties; they may appoint a corporation counsel,
a health officer, a fire marshal and such other employees as
may be deemed necessary, and prescribe their duties and fix
their compensation, except that the treasurer shall receive five
(5) per cent of the annual amount of collection of taxes made
by him in lieu of all other compensation. The treasurer shall
give a bond to the commissioners in such penalty and with
such surety as the commissioners may require. The commis-
sioners may fix the terms of their appointees or may require
that they serve at the pleasure of the commissioners. The
town treasurer shall make an itemized monthly report to the