182 LAWS OF MARYLAND [CH. 88

CHAPTER 88
(House Bill 37)

AN ACT to repeal and re-enact, with amendments, Section
1189 (M) of the Montgomery County Code (1947 Edition),
being Section 104-3 (M) of the 1950 Montgomery County
Code, and Section 1295 (M) of the Prince George's County
Code (1943 Edition), titles "Montgomery County" and
"Prince George's County", sub-title "Takoma Park", as said
section was amended by Chapter 331 of the Acts of 1949,
providing for the designation of a member of the Council
to perform the duties of the Mayor under certain conditions.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 1189 (M) of the Montgomery County Code
(1947 Edition), being Section 104-3 (M) of the 1950 Mont-
gomery County Code, and Section 1295 (M) of the Prince
George's County Code (1943 Edition), titles "Montgomery
County" and "Princes George's County", sub-title "Takoma
Park", as said section was amended by Chapter 331 of the
Acts of 1949, be and they are hereby repealed and re-enacted,
with amendments, to read as follows:

1189 (M) (104-3 (M)).
1295 (M).

The Council shall within ten days after each election
determine all questions arising thereon; and any person con-
ceiving himself aggrieved by reason of such decision may
appeal to the Circuit Court of Montgomery County, or to the
Circuit Court of Prince George's County, depending upon the
place of residence of the appellant, which shall hear and
determine the same, and determine who shall pay the costs of
appeal. In case of a tie vote at any election for Mayor and
members of the Council, another election shall be held, after
ten days' notice, pursuant to the provisions foregoing in
regard to elections. In case of any vacancy in the office of the
Mayor or a Councilman by death, resignation or removal from
the city, the said vacancy shall be filled by a vote of the
Council until the next election for members of the Council.
As soon as practicable after taking office, the Mayor shall,
subject to the approval of the Council, designate a Councilman
to perform all the duties of Mayor at such times as the Mayor
is incapacitated or is absent from the city for more than three
days consecutively. Such designation may, with the consent
of the Council, be terminated at any time and another Council-
man designated instead.