WILLIAM GRASON, ESQUIRE, GOVERNOR.

1838.

the said judges shall also slate in said certificate the
number of votes given for each one of the commission-
ers elected; of whom the three receiving the highest
number of votes shall serve three years; the two re-
ceiving the next highest number of votes shall serve
two years; and the two receiving the lowest number of
votes shall serve one year; and in the event of a tie
between any of the commissioners elected as aforesaid,
they shall determine by lot the length of time that

CHAP. 273.

Number of votes.
Three highest serve

three years.

Two next 2 years.
Two lowest 1 year.
Case of a tie.

each shall serve, and their places shall be supplied by
the annual election in said county, of two, or three
commissioners, as the case may be, in like manner,
with the same qualifications, to serve three years.

Elections there-

after.

Sec. 2. And be it enacted, That if any commission-
er shall die, resign, refuse or neglect, for thirty days

ty, or in case of a tie, the remaining commissioners,
shall, so soon as they have qualified, choose a properly
qualified person from the district unrepresented, to fill
the vacancy until the next annual election, when a
person shall be elected to serve the residue of the term
of the commissioner so dying, resigning, refusing or
neglecting to qualify, or removing from the county, or
to supply any vacancy arising from a tie, in addition
to the commissioners to be annually elected.

Case of vacancy.

Sec. 3. And be it enacted, That so soon as the com-
missioners to be elected under the provisions of this
act, shall qualify as aforesaid, all the powers, rights,
and privileges lawfully exercised by, and all the pro-
perty, estate, and effects vested in the present com-
missioners, shall be transferred to and vested in the
commissioners who shall be elected as aforesaid, who,
or any four of them, shall exercise all the powers,
rights and privileges, and shall perform all the duties
required to be performed by the act to which this is a
supplement.

Powers, rights and

duties.

Sec. 4. And be it enacted, That all suits at law, or in
equity, which shall be pending by or against the pres-
ent commissioners, shall be carried on in like manner,
and have the same legal effect either in favor or against
the commissioners to be elected as aforesaid, as if such
suit or suits had been instituted by or against the said
commissioners.

Pending suits.