1849.

LAWS OF MARYLAND.

CHAP 348.

gister, and the Governor shall commission such person
for Clerk or Register, as the case may be, who shall
have received the greatest number of votes, and in
case two or more persons shall receive an equal num-
ber of voles for Clerk or Register, the Governor shall,
as soon as he shall have ascertained the same, order a
new election, and direct his order to the Sheriff of the
county, city, or Howard District, as the case may be,
requiring him to hold the new election on some day
to be specified in such order, within forty days of the
time of the issuing thereof, and the Sheriff shall give
at least ten days public notice of the time and places
of holding such elections; and in case of a second
contested election, the Governor shall determine the
same, and commission the person he may ascertain to

have been fairly elected, or, in his discretion, may
order a new election, as in cases of a tie, as hereinbe-

Proviso.

fore provided for; provided, that the Governor shall
not commission any person as Clerk or Register, with-
in twenty days alter the election of such Clerk or Re-
gister, so that if the election be contested, the party
contesting it may communicate to the Governor a
written objection within that time to issuing a com-
mission, and if no objection be so communicated
within the period aforesaid, the Governor shall com-
mission the person returned to him as elected, or as-
certained by him to have, been elected, in the case of
a second contested election.

Qualifications
of officers.

SEC. 2. And be it enacted, That each of the offi-
cers, whose elections are provided for in this act, shall
be citizens of this State, and actual residents for the
space of twelve months preceding said election, in the
county, city or district, as the case may be, for which
they are respectively elected.

Present
incumbents.

SEC. 3. And be it enacted, That the present incum-
bents shall continue in office until Clerks and Regis-
ters are elected under this law, and commissioned and
qualified, and that all future incumbents, elected un-
der this act, shall hold their respective offices till their
successors shall be commissioned and qualified.

Vacancies —
how filled.

SEC. 4. And be it enacted, That in case of a va-
cancy in either of said offices, by removal or other-
wise, the Governor, in the manner now fixed and es-
tablished by the constitution of this State, shall ap-
point a suitable person to fill the place, until the annual
election in October, ensuing next thereafter, when
said vacancy shall be filled by a new election.

Amendment of
constitution.

SEC. 5. And be it enacted, That if this act shall be
confirmed by the next General Assembly of Maryland