Phœnix

Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.

This was an information, in the nature of a quo warranto, filed by *93 the Attorney General against the defendant, for usurping the office of sheriff of Amador county.

The office had become vacant, and the question involved is, whether the coroner of the county succeeds, or the board of supervisors have power to appoint a successor. The solution of this question must turn entirely upon the construction of the various statutes on the subject.

The forty-seventh section of an Act entitled “An Act to supply vacancies in office,” (passed April 28,1851, page 247, Compiled Laws,) provides, “ When any vacancy shall occur in the office of district attorney, county clerk, or any other county offices, except of the county judge, the Court of Sessions of the county shall appoint some suitable person to fill such vacancy until the next general election.”

On the 29th April, 1851, by the fifty-fifth section of an Act concerning sheriffs, page 720 of the Compiled Laws, it was provided that, “in case of a vacancy in the office of sheriff, by death, resignation, or otherwise, the powers and duty of the sheriff shall devolve upon the…