Campbell

delivered the opinion of the Court. This was an application to the Court below for a mandamus, to compel *136 Alexander Campbell, Judge, and John E. Addison, clerk of the county of San Francisco, to certify the election of the relator as associate justice of the Court of Sessions.

The 64th section of the “Act concerning courts of justice,” reads as follows: “ The associate justices of the Court of Sessions shall be chosen by the justices of the peace of the county. The county judge shall convene at the county seat on the first Monday of October, in the year one thousand eight hundred and fifty-one, and on the first Monday of October in every year thereafter, the persons elected as justices of the peace of the county at the last preceding election; and they, after being qualified, and filing their respective bonds, as such justices, as required by law, shall elect by ballot two of their number as associate justices of the Court of Sessions. The county judge shall preside over the convention, and the county clerk shall be its clerk. A majority of the persons who have qualified as justices of the peace of the county, shall form a quorum for the purpose of the election. A minute of…