ALBERT C. RITCHIE, GOVERNOR. 1445

and Councilmen, the qualified persons appearing to be elected
as such officers by having received the highest number of votes.

SEC. 6. And be it further enacted, That if at any
election it shall appear from the returns of the judges
of election that any two or more persons voted for as
Mayor or Councilmen have received the same number of
votes, in such manner that there is no choice for the
office a new election shall be immediately proclaimed by the
Mayor and Common Council under the hand of the Mayor to
fill the vacancy, whi'ch election shall be held on ten days'
notice, and in all respects except as to the day of election and
the convening of the Mayor and Common Council as provided
in section five.

SEC. 7. And be it further enacted, That the people
or qualified voters of the town of Fairmount Heights
shall elect one person, a legal voter in said town who
shall serve as town clerk-treasurer. But before said clerk-
treasurer shall enter upon his duties he shall give bond
in some reputable bonding company payable to the Mayor of
Fairmount Heights, in such sums as the Mayor and Common
Council may fix, with securities, to be approved by them. The
treasurer shall make all collection of taxes and receive all
money paid for the use and benefit of said corporation; the
clerk-treasurer shall keep account of the receipts and disburse^
ments of all the funds of the corporation, and he shall render
quarterly statements to the Mayor and Common Council, or
oftener when required by them, for all monies received and
shall promptly disburse on the order of the Mayor and Com-
mon Council, under regulations as they may prescribe, all sums
of money so received such statements to be printed in some
newspaper published or circulated in the town limits; for such
services a five per cent, of all collections shall be paid. The
assessor shall make assessments annually of all property, as-
sessing separately land, improvement, and personal property,
including franchises, at a fair cash value at public sale as near
as they may be able to determine the same. The said Mayor
and Common Council shall provide by ordinance for hearing
appeals from any assessment that may be made.

SEC. 8. And be it further enacted, That the Mayor and
Common Council may annually appoint such town officials or
persons as they may deem necessary at such compensation as
they may think proper.