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4. AND BE IT ENACTED, That the two magis-
trates of Washington county, first named in the com-
mission of magistrates, residing in the said town, shall
hold the election at some place in the said town for the
said five commissioners, and shall he judges of the said
election, and the qualifications of those who shall offer
to vote at the same; and all votes taken at the said elec-
tion shall be by ballot, but if any one of the justices of the
peace, so designated to hold the election, be at the
time thereof sick, absent from town, or by any other
means rendered unable to attend the election, then the pow-
ers by this act given, and the duties hereby required of such
justice of the peace, so unable to attend, shall devolve up-
on, and be performed by any other justice of the peace
for the said county, resident in the said town; but if it
so happen at any time that a sufficient number of justices
of the peace of the said county, residents in the said town,
cannot be bad to hold the said election, then the same may
be held by my other justices of the peace for the said coun-
ty, who shall have all the powers, and perform all the du-
ties by tills law given to, and required of the judges of
the said election; that the said judges of the election
shall, at each successive election, appoint one or two
clerks in their discretion, to register the votes taken at
the same; that the said election shall in each year be
opened and commenced at ten o'clock in the morning, and
be kept open and continued without adjournment until
four o'clock in the afternoon of the same day, when the
same shall be closed and cease, and the five persons qual-
ified as this law directs, who shall have the greatest num-
ber of legal votes, shall be the commissioners for the, said
town for the ensuing year, and shall be so declared by
the judges of the said election; that the judges of the
said election shall count the votes, and declare the result
of the election, on the day on which the said votes are
taken, and shall make a return of the said election, and
of the names of the five commissioners so elected, to
the clerk of the county of Washington, to be by him en-
tered of record among the records of the said county,
for which the said clerk shall receive, from the commis-
sioners of the said town, the same fees as by law he is
entitled to receive for the performance of other duties in
his said office: and the judges of the said election, and
the clerk or clerks by them appointed to register the
votes at the said election, shall each, have for holding the
said election the sum of two dollars, to be paid them res-
pectively by the commissioners of the said town.
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Dec. Sess.
1813.
Magistrates,
shall hold the
election.
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5. AND BE IT ENACTED, That each judge of the
said election, so often as he is called upon to act as such,
shall, before he proceeds to act, take the following oath
or affirmation, (as the case may be :) "I, A. B. do swear
or affirm, that I will permit all persons to vote who shall
offer to poll at the election now to be held for commis-
sioners of Hager's Town, who in my judgment shall, ac.
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Oath of the
judges of elec-
tion. Oath of
the clerk.
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