WILLIAM GRASON, ESQUIRE, GOVERNOR.

1839.

SEC. 2. And be it enacted, That the names of the in-
dividuals thus voted for, shall be written or printed upon
the same ballot which contains the names of the indivi-
duals voted for as delegates to the General Assembly, and
the office they are intended to fill plainly designated; pro-
vided, that no mistake or want of designation, in voting
for the said members of the Levy court, shall invalidate
any vote that may be intended for other purposes.

CHAP. 72.

Names to be

written or prin-
ted, &c.

Proviso.

SEC. 3. And be it enacted, That every ballot that con-

tains the names of more than five persons for members of
the Levy court, shall be rejected, so far as relates to the
election of said Levy court, it being the intention of this
act, that the said court shall consist of five members, to be
chosen from any part of said county.

Ballot contain-
ing more than

five names to

be rejected.

SEC. 4. And be it enacted, That the judges of the
elections in said county, shall, at the same time and in
the mode now prescribed by law for returning the votes
given for delegates to the General Assembly, make a re-
turn of the votes given for the election of members of the
said Levy court; and the presiding judges, when assem-
bled at the Court House, shall in like manner ascertain
the number of votes given to each person, in the election
of members of said court, and shall make a return thereof
to the clerk of the county court, in which return, the five
persons receiving a majority of the votes given, shall be
declared duly elected as members of said Levy court.

Return of votes.

SEC. 5. And be it enacted, That the Levy court thus
elected, shall choose one of its members to act as presi-
dent; and if a vacancy should occur in said court, by re-
moval from the county, death, resignation or refusal to
serve or otherwise, then a quorum of the board shall ap-
point a person qualified as aforesaid, to fill such vacancy
till the next annual election.

To choose a

president.

Vacancies.

SEC. 6. And be it enacted, That if in the election of
said Levy court, there should be a tie between the fifth and
sixth candidates, then the Governor, with the advice and
consent of the Senate, shall appoint one of the persons
thus having an equal number of votes to serve as a mem-
ber of the said Levy court.

In case of tie.

SEC. 7. And be 'it enacted, That in the event of such
tie, the clerk of the county shall, within ten days after the
said election, notify in writing the Governor of the exis-
tence of such tie.

Clerk to inform
Governor, &c.

SEC. S. And be it enacted, That the Levy court thus
elected, shall serve three years from the date of their elec-
tion, and shall exercise all the powers that now belong to
the Levy court of Caroline county.

Shall serve

years.