Tillson

Tillson v. Ford

Good Law
53 Cal. 701
Supreme Court of CaliforniaJuly 1, 1879No. 6820California741 words

Opinion

lead Opinion

The eighth section of the Act of April 2nd, 1866, (Acts 1865-6, p. 719) has no bearing upon the present controversy. That Act is entitled “ An Act to change the time for holding municipal elections in the City and County of San Francisco, and to define the official terms of certain officers therein mentioned,” and, after providing for the objects specified in its title, declares, in sec. 8, with reference to the persons holding *705 office at the time of its passage, as follows : “ All of the present city and county officers as designated in secs. 4, 5, and 7 of this act, and the State Harbor Commissioners as designated in sec. 8, (?) shall continue in office during the entire term for which they were elected, and until their successors are elected and qualified as provided for in this act: provided, that any officer elected or appointed to fill a vacancy which may in any manner occur shall serve only during the unexpired term of his predecessor, and until his successor is elected and qualified.”

It is sufficiently clear that the eighth section refers to the then present incumbents, and was not intended to supply the rule applicable to the filling of vacancies, should any occur…

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