Brite

This is a proceeding to test the right of relator to the office of Supervisor of the Third District, Kern County. The relator was elected November 7th, 1876, and duly qualified and entered upon the duties of the office November 20th, 1876. Eespondent claimed the office under appointment by the County Judge, of September 24th, 1877. The appointment by the County Judge was based upon the fact that Tracy had “ ceased to be an inhabitant of the said district, and his office had thereby become vacant.” No judicial proceedings had been had to declare a vacancy. The question then is, whether proceedings *80 must first be had to declare a vacancy, or whether an appointment can be made if the fact of vacancy exist.

Section 996, Political Code: “ An office becomes vacant on the happening of cither of the following events before the expiration of the term : * ®

“ 5. Upon the incumbent ceasing to be an inhabitant of the district, (if the office is local) for which he was chosen, or within which the duties of the office are required to be discharged.!’

There are instances named in the section, where proceedings must be had to ascertain the alleged fact, before an appointment of a successor…