Ward

Appeal from the judgment.

The facts, about which there is no controversy, are as follows: Ward, the appellant, was duly elected district attorney of San Diego county for the term commencing January 2, 1893. He qualified and entered upon the discharge of the duties of the office. At the general election in November, 1894, and during Ward’s term and incumbency, William Darby was elected to succeed him pursuant to section 60 of the County Government Act of 1893. Darby duly qualified upon November 24th, and on December 15th of the same year died.

Section 60 of the County Government Act of 1891 provided that “ all elective county officers .... shall be elected at the general election to be held in November, 1892, and every two years thereafter .... and shall take office at 12 o’clock meridian of the first Monday after the first day of January next succeeding their election.....All officers elected under the provisions of this act shall hold office until their successors are elected or appointed and qualified.”

Section 879 of the Political Code provides: “ Every officer must continue to discharge the duties of his office, although his term has expired, until his successor has…