Payne

delivered the opinion of the court. Heydenfeldt, Justice, concurred.

To entitle the plaintiff to recover in the court below, it wasincumbent upon him to show, not only tha' o March, 1852, but, first, that he had been lawfully elected; and second, that he had qualified himself to hold the office, by taking the oath, and filing the bond, at the time and in the manner required by law. To entitle the plaintiff to recover in the the duties of the office of Street Commissioner for the month of

The validity of his election is conceded. The election took place on the 3d day of September, 1851, and the plaintiff took the oath of office before the Mayor of the City of San Francisco, on the 30th day of December following, and filed his bond on the 7th of January, 1852. Was this a compliance with the requirements of the law ?

The Charter of the city provides (art. iv., sec. 15), that, “ If any person elected to a city office shall remove from the city, absent himself therefrom for more than thirty days, or shall fail to qualify within ten days after his election, his office shall be deemed vacant.”

This provision we regard as being peremptory and positive in *126 its terms. It differs…