WILLIAM GRASON, ESQUIRE, GOVERNOR,

1838.

aforesaid as the case may require; and the judges from
the several election districts in said county, when met
at the court house of the said county, to ascertain and
certify the elections of Delegates, as aforesaid, shall
ascertain the number of votes given as aforesaid, for
commissioners as aforesaid, in the said election dis-
tricts respectively, and by a certificate, to be filed in
the office of the clerk of the county court of the said
county, and which shall be by said clerk recorded, cer-

of Delegates, that the five persons by name, residents,
as is by this act herein before prescribed, of the three
commissioners' districts by this act created, who they
shall ascertain, received the greatest number of votes
in the commissioner's district, in which they reside,
are duly elected commissioners for Worcester county.
to serve for the period of three years from the date of
their said election; and in the event of a tie between
two or more persons, the same shall be decided by bal-
lot, at the first regular meeting of said commission-
ers.

CHAP. 96.

Return certificate.

Case of a tie.

Sec. 7. And be it enacted, That if any commission-
er so elected, shall die, resign, refuse, or neglect for
twenty days to qualify as commissioner, under this
act, or shall remove from the said county, at any time
within the period for which he shall have been elected,
the residue of the said commissioners shall appoint a
person qualified as is hereinbefore provided in case of
an original election, to fill his place until the next an-
nual election for Delegates to the General Assembly,
when the said voters of the district in which such com-
missioner so dying, resigning, refusing, neglecting to
qualify, on removing from the county, as aforesaid,
was elected, shall vote in like manner as at first, for
another person with like qualifications, as such com-
missioner, to serve for the residue of his said term.

Case of vacancy.

Mode of supplying.

Sec. 8. And be it enacted, That every commissioner
elected or appointed, as aforesaid, shall before he en-
ters on the duties of his office, take and subscribe be-
fore some judge or justice of the peace, an oath or affir-
mation, that he will faithfully, diligently and imparti-
ally exercise the powers and perform the duties of com-
missioner for Worcester county, as authorized and
18

Oath of office.