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the purpose of procuring his election, or has committed any other offence against the elective franchise defined in Title IV, Part I, of the penal code.
4. On account of illegal votes.
Stat. 1850, 101, § 51, omitted the words in italics and inserted an additional subdivision, in the following words: "When the person whose right is contested shall have been, previous to such election, convicted of an infamous crime by any court of competent jurisdiction, such conviction not having been reversed, nor such person relieved from the legal infamy of such conviction."
Generally: 13 Cal. 145; 23 Cal. 314; 24 Cal 449; 28 Cal. 123; 30 Cal. 325; 31 Cal. 82; 31 Cal. 635.
SUB-DIVISION 1: 2 Cal. 135; 12 Cal. 352; 26 Cal. 161; 31 Cal. 82.
SUB-DIVISION 3: 27 Cal. 655.
SUB-DIVISION 4: 14 Cal. 479; 28 Cal. 123; 34 Cal. 273.
No irregularity or improper conduct in the proceedings of the judges, or any of them, is such malconduct as avoids an election, unless the irregularity or improper conduct is such as to procure the person whose right to the office is contested to be declared elected when he had not received the highest number of legal votes.
Stat. 1850, 101, § 52, substantially the same.
12 Cal. 352; 31 Cal. 173; 34 Cal. 273, 635.
§ 1113. When any election held for an office exercised in and for a county is contested on account of any malconduct on the part of the board of judges of any township election, or any member thereof, the election cannot be annulled and set aside upon any proof thereof, unless the rejection of the vote of such township or townships would change the result as to such office in the remaining vote of the county.
Stat. 1850, 101, § 53.
20 Cal. 50; 31 Cal. 173.
1114. Nothing in the fourth ground of contest, specified in section eleven hundred and eleven, is to be so construed as to authorize an election to be set aside on account of illegal votes, unless it appear that a number of illegal votes has been given to the person whose right to the office is contested, which, if taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the
same office, after deducting therefrom the illegal votes which may be shown to have been given to such other person. Stat. 1850, 101, § 51
§ 1115. When an elector contests the right of any person declared elected to such office, he must, within forty days after the return day of the election, file with the county clerk a written statement, setting forth specifically:
1. The name of the party contesting such election, and that he is an elector of the district, county or township, as the case may be, in which such election was held.
2. The name of the person whose right to the office is contested.
3. The office.
4. The particular grounds of such contest.
Which statement must be verified by the affidavit of the contesting party, that the matters and things therein contained are true.
Stat. 1851, 182, § 10, substantially the same, adding the words “as he verily believes."
15 Cal. 117; 30 Cal. 393; 31 Cal. 261.
§ 1116. When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally, that in one or more specified townships, illegal votes were given to the person whose election is contested, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony can be received of any illegal votes, unless the party contesting such election deliver to the opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony can be received of any illegal votes except such as are specified in such lists.
Stat. 1850, 101, § 57, substantially the same.
30 Cal. 393.
1117. No statement of the grounds of contest will be rejected, nor the proceedings dismissed by any court for want of form, if the grounds of contest are alleged with such cer
tainty as will advise the defendant of the particular proceeding or cause for which such election is contested.
Stat. 1850, 101, § 58, substantially the same.
1118. Upon the statement being filed, the county clerk must inform the judge of the county court, who must give notice and order a special term of court to be held at the court house of the proper county, on some day to be named by him, not less than ten nor more than twenty days from the date of such notice, to hear and determine such contested election.
Stat. 1855, 161, § 8.
13 Cal. 145; 28 Cal. 123.
§ 1119. The clerk must also, at the same time, issue a citation for the person whose right to the office is contested, to appear at the time and place specified in the notice, which citation must be delivered to the sheriff and be served upon the party in person, or, if he cannot be found, by leaving a copy thereof at the house where he last resided.
Stat. 1850, 101, § 60.
34 Cal. 635.
₫ 1120. The clerk must issue subpoenas for witnesses at the request of either party, which must be served as other subpoenas; and the county court has full power toissue attachments to compel the attendance of witnesses who have been subponed to attend.
Stat. 1855, 161, § 9, substantially the same
$1121. The court must meet at the time and place designated, to determine such contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day until such trial is ended, and may also continue the trial, before its commencement, for any time not exceeding twenty days, for good cause shown by either party upon affidavit, at the costs of the party applying for such continuance.
Stat. 1850, 101, § 62.
34 Cal. 635.
§ 1122. The court must be governed, in the trial and determination of such contested election, by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable; and may dismiss
the proceedings if the statement of the cause or causes of the contest is insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court must pronounce judgment in the premises, either confirming or annulling and setting aside such election.
Stat. 1850, 101, § 63, added "according to the law and right of the case." 12 Cal. 352; 34 Cal. 635.
§ 1123. If in any such case it appears that another person than the one returned has the highest number of legal votes, the court must declare such person elected.
Stat. 1850, 101, § 64.
Ø 1121. The clerk, sheriff and witnesses shall receive, respectively, the same fees, from the party against whom judgment is given, as are allowed for similar services in the district court.
Stat. 1850, 101, § 65.
1125. If the proceedings are dismissed for insufficiency, or want of prosecution, or the election is by the court confirmed, judgment must be rendered against the party contesting such election, for costs, in favor of the party whose election was contested; but if the election is annulled and set aside, judgment for costs must be rendered against the party whose election was contested, in favor of the party contesting the same. Primarily, each party is liable for the costs created by himself, to the officers and witnesses entitled thereto, which may be collected in the same manner as similar costs are collected in the district court.
Stat. 1850, 101, §§ 66, 67, 68.
Either party, aggrieved by the judgment of the court, may appeal therefrom to the supreme court, as in other cases of appeal thereto from the county court.
Stat. 1855, 161, § 10.
§ 1127. Whenever an election is annulled or set aside by the judgment of the county court, and ten days has elapsed and no appeal has been taken, the commission, if any has issued, is void and the office vacant
Stat. 1555, 161, § 11, substantially the same.
OF SUMMARY PROCEEDINGS.
CHAPTER I. CONFESSION OF JUDGMENT WITHOUT ACTION.
IV. SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION
OF REAL PROPERTY IN CERTAIN CASES.
CONFESSION OF JUDGMENT WITHOUT ACTION.
SECTION 1132. Judgment may be confessed for debt due or contingent liability.
1133. Statement in writing and form thereof.
§ 1132. (§ 374.) A judgment by confession may be entered 'without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such judgment may be entered in any court having jurisdiction for like amounts.
1 Cal. 48; 5 Cal. 514; 6-Cal. 238: 12 Cal. 129, 218; 13 Cal. 76; 19 Cal. 278; 27 Cal. 228.
§ 1133. § 375.) A statement in writing must be made, signed by the defendant and verified by his oath, to the following effect: