Haskell

Bryan, J., concurred.

The thirty-ninth section of the Act concerning Courts of Justice, Compiled Laws, p, HI, provides that, “ The Clerk of the Superior Court shall be elected at the next municipal election of the City of San Francisco, and thereafter every two years, by the legal electors of the City of San Francisco, and shall hold his office for the term of two years from and after his election.”

At the time of the passage of this Act, the municipal as well as the general State election, was held upon the same day, in September, on which the respondent was elected.

“ The Amended Charter of the City of San Francisco,” passed in April, 1855, provides, in the fourth section, that there shall be elected in and for the City of San Francisco, and for the government of the same, a Mayor, (who shall be, ex officio, Recorder,) a Controller, Marshal, Surveyor, and Attorney, Treasurer, Tax Collector, and one Assessor for each ward,—who shall hold their offices for one year, and until their successors are elected and qualified. The municipal election shall be held on the fourth Monday in May in each year, on which day all officers to be elected for the whole city, shall be voted for on…