974           JOURNAL OF PROCEEDINGS [March 10,

direction of the Burgess and Commissioners aforesaid, it shall
and may be lawful for the Burgess and Commissioners afore-
said, to contract and agree with some person or persons, on
reasonable terms, to level, pave, amend or repair such foot-
way, and to charge the expense thereof to the owners or ow-
ners of the property in front of which such work may be done,
and shall recover the same by distress on such property with
costs; provided, that the Burgess and Commissioners afore-
said, shall not have power to pass an ordinance requiring the
paving of sidewalks, repairing, &c, to be done as provided
for in this section without having first submitted the question
whether the said paving, repairing, &c., shall be done, to the
inhabitants of said town, and obtained a vote of two thirds
of the property holders thereof in favor of said paving, re-
pairing, &c.

Section 10. And be it enacted, That the said Burgess and
Commissioners shall have power to make all such by-laws,
regulations and ordinances as from time to time they may
deem wise, equitable and expedient for the comfort, health,
convenience and prosperity of the said town and its inhabi-
tants, for the prevention or removal of nuisances, preservation
of health and suppression of vice and immorality within the
limits of the said town, and shall have power to lay an equal
tax on the property within the limits of the said town, to such
amount as may from time to time, be deemed necessary to ac-
complish the purposes aforesaid, which tax shall be collected
and paid to the said Burgess and Commissioners by a collec-
tor by them appointed, who shall have the same power to
distrain therefor as the collector of the public county assess-
ment has to distrain for the same, and the said Burgess and
Commissioners shall fix the term of office, responsibility and
compensation of such collector.

Section 11. And be it enacted, That at all elections for Bur-
gess, Assistant Burgess and Commissioners, those persons
who shall receive the highest number of votes for the respec-
tive offices, shall be duly elected, and shall qualify as such
before a Justice of the Peace of the county, that they will
discharge the duties of their respective offices, according to
the best of their skill and judgment, without fear, favor, af-
fection or partiality to any, a copy of which oath shall be en-
terred on the journal of said corporation with the certificate
of the Justice administering the same, and if at any election
for Burgess, Assistant Burgess and Commissioners, any two
or more persons shall have an equality of votes, by which no
choice shall be make, a second election shall be held, after not
less than ten days notice, and so until a choice shall be made.

Section 12. And be it enacted, That the said Burgess shall