WM. PRESTON LANE, JR., GOVERNOR. 59

to act as judges, and the proceedings shall be recorded under
their direction; and every commissioner or person so ap-
pointed, before he open an election, shall make oath before a
notary public in and for Caroline County that he will faith-
fully and impartially permit every person to vote at such
election who shall be qualified to vote for Commissioners of
said town, and that he will not suffer any person to vote at
such election who shall not be legally qualified to so vote, and
the persons having the highest number of votes shall be de-
clared elected, as hereinbefore provided.

245. If at any time an election shall not be held for Com-
missioners on the day mentioned in this Act, an election may
be held at any time after ten days' notice thereof shall have
been given by the Commissioners, or a majority of them, and
in the event that a majority of the said Commissioners shall
become disqualified to act, or shall have failed, or shall fail to
hold an election for the space of thirty days from the first
Saturday in May in any year, then it shall be lawful for any
three or more qualified voters of said town to give notice,
either by written or printed handbills, or by publication in
some newspaper published in Caroline County, Maryland, of
an election to be held on a certain date, at least ten days from
the date of publication or posting of such notice for Commis-
sioners under this Act, and a majority of voters present at
the hour fixed by said notice for the commencement of said
election shall select three judges to hold election.

246. If at any election held under this Act two or more
persons shall receive the same number of votes for Commis-
sioners of said town, the judges of said election may, after
having given five days' notice of the time and place, proceed
to hold another election to fill up said Commissioners, and the
person or persons receiving the highest number of votes at
said election shall, with those previously chosen, if any, con-
stitute the Commissioners of Goldsboro. The Commissioners
of said town shall have the right to make reasonable regula-
tions for the conduct of any town election.

247. If any vacancy shall occur by death, resignation, re-
moval or failure to act of one or more of the Commissioners
elected as aforesaid, the remaining Commissioners, or a
majority of them, shall elect a proper person to fill said
vacancy for the balance of the term.

248. Every Commissioner, before he proceeds to act as
such, shall make oath before some notary public in and for
Caroline County that he will diligently and faithfully, ac-
cording to the best of his skill and judgment, perform the
duties of Commissioner without favor, partiality or prejudice.