1304 LAWS OF MARYLAND. [CH. 745

36. In case of a tie among those receiving the votes of
the electors which shall preclude a decision that any one
has been elected for Mayor or Councilman, in that event
the Council shall designate one of the persons tying for
said election to be Mayor or Councilman, as the case may be,
and shall issue a certificate of election accordingly.

37. If any person elected as Mayor or Councilman shall
refuse to serve as such or his place shall become vacant by
death, resignation, disqualification or otherwise, then the
other members of the Council shall fill the vacancy as early
thereafter as possible by appointment from among the
qualified electors of the town; provided, that if such vacancy
occurs by reason of failure to qualify as provided in Section
39, within two weeks after notice of his election, or other-
wise within one month of the date of election, then and in
that case the person receiving the next highest number of
votes for such office at such election shall be deemed to have
been elected and entitled to qualify.

38. The Council is hereby empowered at any time that
it shall be deemed advisable, to divide the town into election
districts, and apportion the membership of the Council
among said districts, and provide for the election of indi-
vidual members of Council from the respective 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 sub-
title.

39. The members of the newly elected Council and
Mayor shall meet on the Monday following their election
or as soon thereafter as practicable, but not later than
November 15th of any election year, and take the oath of
office before any officer of the State of Maryland duly
authorized to take an affidavit to support and maintain the
Constitution and Laws of the United States and the State
of Maryland and to perform their respective duties as
Mayor and as members of the Council of Chesapeake Beach,
to the best of their ability, without fear, favor or partiality.

40. The Mayor and Councilmen shall serve for two years
from November 15th after their election or until their suc-
cessors are elected and qualified and the service rendered
by said Mayor and Councilmen, as such, shall be gratuitous
and without any pay unless and until compensation be
authorized and fixed by a vote of the citizens.