Appeal from the County Court of Los Angeles County.

This was a proceeding, under the statute, by the contestant, as a qualified elector of Los Angeles County, to contest and set aside the election of defendant, at the general election held in 1867, to the office of District Attorney of said county. Among the grounds of contest set forth in contestant’s statement are the following, to wit:

“ That at said election, holden at the Half-Way House Precinct of said county, the same was not holden by the Clerk appointed by the Board of Supervisors, nor by any other Clerk appointed according to law.

“ That at said election, holden at the Precinct of San Juan, of said county, the same was not holden by the officer or Clerk appointed by the Supervisors of said county, but by a substitute named by said Clerk, and without authority; that the Clerk appointed by said Supervisors was Paul Prior, who appeared on the day of the election and substituted Juan Abila in his place, contrary to law, and who was not sworn according to law, and who held said election and certified the returns thereof. That no Board of Registration was appointed, constituted, or qualified according to law for said precinct prior to said election. That the said votes given at said precinct were illegal, and if not counted for said A. B. Chapman, would defeat him for said office by a plurality of eleven votes.

“Petitioner alleges that said Chapman was declared elected by the Board of Canvassers of said county by a plurality of eight votes. That Y. E. Howard had the next highest number of votes for the office of District Attorney of said county, and would be duly elected if said illegal votes are rejected. That said Chapman was declared elected by means of and in consequence of the irregularity and irregularities above set forth, and of the illegal votes given at said election precincts,” etc.

After the trial had progressed for two days, the Court, on contestant’s motion, and against the defendant’s objections, adjourned further proceedings therein for seven days.

Among the facts and conclusions of law found by the Court are the following, to wit:

“1st. That at the precinct called the Half-Way House, George Carson acted as one of the Judges of the general election, in September last, without having been named by the Board of Supervisors or elected, as provided for by statute.

“2d. That at the Precinct of San Juan, at the general election aforesaid, the election was held by Juan Abila, not appointed by the Board of Supervisors as an officer at said election, and without having been elected, as provided for by statute.

“3d. That William McLaughlin, who was appointed by the Board of Supervisors as one of the officers of said election, was an alien. * * *

“And the Court finds, as a conclusion of law, that at the Half-Way House the election was not held by the officers appointed by the Board of Supervisors, or elected, as provided for by statute, and there was no legal election in said precinct.

“ So also in the Precinct of San Juan, the election was not held by the officers appointed by the Board of Supervisors, or elected, as provided for by statute, nor could some of the persons appointed by the Board of Supervisors act, one being an alien. * * *

“ Therefore, it is ordered, adjudged, and decreed that the election at the precinct of the Half-Way House is null and void. Also, that the election in the Precinct of San Juan is null and void.

“That the certificate of election of A. B. Chapman, as District Attorney for the County of Los Angeles, is null and void, and that the next person receiving the greatest number of votes for the office of District Attorney, as aforesaid, was V. E. Howard, who is hereby declared duly elected and entitled to a certificate of election as District Attorney,” etc.

Judgment was rendered accordingly.

At the trial no proof was made by contestant of any other votes cast or canvassed for Howard or defendant for said .office, except at said precinct. Defendant Chapman appealed.

The other facts are stated in the opinion of the Court.