1430 LAWS OF MARYLAND. [CH. 589

(S) That each of the Councilmen so elected shall on or be-
fore the third Monday in May of the year when he shall have
been elected, qualify as such Councilman by taking an oath
of office as prescribed by Paragraph J of Section 3 of this
Act.

(T) That in case any person so elected to the office of
Councilman shall fail to qualify, or in case of any vacancy
in the office of Councilman by death, resignation or otherwise,
the remaining Councilmen shall fill such vacancy by appoint-
ment. Any person so appointed shall possess the qualifica-
tions stated in this Act, shall be a resident of the Town of
Morningside, and shall qualify by taking the oath of office
within three (3) days after said appointment,

(U) That in making appointment to fill any such vacancy
in the office of Councilman the remaining qualified Council-
men shall make such appointment by entering in the minute
book of said Council the fact of their making such appoint-
ment. And the remaining qualified Councilmen in making
such appointment shall appoint as Councilman such person
who was a candidate at the last election, and who receive the
sixth greatest number of votes. If the person so appointed
fails to qualify, then the remaining qualified Councilmen shall
appoint as such Councilman such person who was a candidate
at the last election, and who received the seventh greatest
number of votes. And if there be no available candidates at
the last election, then said remaining qualified Councilmen
may appoint any person, provided the person so appointed is
eligible to the office of Councilman under the provisions of
this Act.

SEC. 11. An\d be it further enacted, (A) That for the
purpose of determining whether the residents of the Town of
Morningside desire to incorporate, there shall be held an elec-
tion in said town, between the hours of 9 o'clock A. M. and
10 o'clock P. M. on the third Monday in May, in the year
1949.

(B) That Mrs. Jean I. Doe, Mrs. Helen L. Lodovichetti and
Mr. Homer N. Hiley are hereby appointed to be and consti-
tute a Board of Election Supervisors for the purpose of con-
ducting such election and declaring the result thereof.

(C) That within ten (10) days (including Sundays and
holidays) after this Act is approved, the persons named in
Paragraph B of this section shall take oath before a Justice
of the Peace, or other officer or person (including a Notary
Public) authorized to administer oaths in Prince George's