Odell

Section 4014 of the Political Code of this state declares that “The officers of a township are two justices of the peace. ... In townships containing cities in which city justices or recorders are elected there shall be but one justice of the peace, and in townships having a population of less than 5,000 there shall be but one justice of the peace. ...”

The appellant here, who was the petitioner in the proceeding below, seeks by mandamus to compel the respondents, as the board of supervisors of Contra Costa county, to declare him one of the duly elected justices of the peace of the fifteenth judicial township in and for said county. Judgment was rendered and entered for defendants, and the appeal is from the judgment upon the judgment-roll alone.

The proceeding was heard and determined upon an agreed statement of facts, which was subsequently substantially adopted by the trial court as its findings of fact. The facts of the case as agreed by the parties- and as found by the court were substantially these: The respondents are and have been ever since the eighth day of November, 1910, the duly elected, qualified and acting members of the board of supervisors of the county of…