WM. PRESTON LANE, JR., GOVERNOR. 149

12. In case of a vacancy in the office of Mayor, by
death or otherwise, or in case any person who may have
been elected Mayor at any general election shall fail or
refuse to qualify as Mayor within five days after service
of notice of election, as hereinafter provided, the Coun-
cil, at any general or special meeting shall elect some
legally qualified person to fill the office of Mayor for any
unexpired term caused by a death or otherwise, or for
the term of any person who may have failed or refused
to qualify; and in case of any election of Mayor by the
Council, the person receiving a majority of the whole
number of members of the Council shall be declared
elected Mayor; and the Council shall immediately certify
the vote so taken to elect any such successor, or to elect
any person for any term as aforesaid, to the Clerk of
the Circuit Court for Washington County; and the said
Clerk of the Circuit Court, upon receipt thereof, shall
forthwith notify the person so elected, who shall, within
five days after the service of such notice, qualify by
taking the oath prescribed for city officers; and if such
person elected shall fail to qualify as herein provided,
another election shall be held by the Council, to fill the
vacancy; and until such vacancy is filled, or in case of
sickness or absence of the Mayor, or his inability to be
present and preside at any meeting of the Council called
by not less than four of its members when in their judg-
ment such meeting is necessary, and said Councilmen
are hereby authorized to call any such meeting, the Coun-
cil shall choose one of its members as Mayor, who shall
discharge the duties of the office protempore, and all
Acts done by the Mayor and Council as thus constituted
shall be valid and binding in law.

13. Candidates for Councilman shall be nominated by
the voters of each ward in the city of Hagerstown in a
primary election or in such other manner as may be pro-
vided by law. The said nominees for councilman shall
be elected by the voters of each ward. The nominee in
each ward receiving the highest number of votes shall
be elected to the Council. An election for Councilmen
shall be held on the fourth Tuesday of March in the year
1949, and not before, and on the same day every four
years thereafter. All Councilmen elected shall hold office
until their successors are duly elected and qualified. The
qualifications of the voters for Councilmen shall be the
same as for Mayor and each voter shall have resided for
six months next preceding the election in the ward in
which he offers to vote; and in case of removal or until