Church

Mr. Justice Heydenfeldt concurred.

The Act to organize the county of Alameda, passed on the 9th of April, 1853, provided that the various county officers should be elected on the — of April.

The respondent was elected county clerk at said election, and entered upon the duties of the office on the 10th day of May, 1853.

In August, 1854, the Court of Sessions of Alameda ordered an election to be held (on the day of the general election) for all county officers except county judge. At this election respondent received the greatest number of votes cast for county clerk, and was by the county judge declared elected for the term of two years from the first Monday of October, 1854.

In August, 1855, the supervisors of the county ordered an election to be held for county officers at the general election, at which election the relator, having received the highest number of votes for the office of county clerk, was declared duly elected for two years from and after the first Monday of October, 1855;—was qualified, and offered to enter *78 upon the discharge of the duties of the office, but was prevented by respondent, who claimed to hold said office by virtue of his election in 1854. _ _…