Sec. 3. On the first Monday of february next, and every two years thereafter, an election shall be held for the election of One Mayor, four Aldermen, and nine Counsellors; and the City Council shall, at least twenty days previous to any election, appoint three capable and discreet Persons possessing the qualifications of Electors, to act as Judges of election, in each place of election; and the Recorder shall make out and deliver to the Marshal of the , immediately after the appointment of said Judges, a notice thereof in writing, directed to the Judges so appointed; and it shall be the duty of the Marshal, within five days after the receipt of said notice, to serve the same on each Judge of election. The said Judges of election shall choose two Persons having similar qualifications with themselves; to act as Clerks of the election.
Sec. 4. Previous to any votes being taken at any election, the Judges and Clerks thereof shall severally take an Oath in the following form, to wit:
“I A— B— do solemnly swear -[or affirm as the case may be]- that I will perform the duties of Judge, -[or Clerk as the case may be,]- according to Law and the best of my ability; that I will studiously endeavour to prevent fraud, deceit, and abuse in conducting the same:”
which Oath may be administered by any Person having authority to administer the same, or by any of the Judges of the election.
Sec. 5. If any person appointed to act as Judge or Clerk, of the Election <as> aforesaid, shall neglect, or refuse to be sworn or affirmed to act in such capacity, the place of such person shall be filled by nomination of the other Judge or Judges of the Election; and if there be no Judge of the Election present to fill such vacancy or vacancies by nomination, at the time of holding said Election, [p. 132]