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Bailey v. Bd. of Supervisors of San Joaquin Cty.

66 Cal. 10 Court Cal. Decision date 1884-10-08 Docket No. 9,734 English

Contents

Majority

p. 10
No. 9,734.
In Bank.
October 8, 1884.
CHARLES H. BAILEY, Petitioner, v. BOARD OF SUPERVISORS OF SAN JOAQUIN COUNTY, Respondent.

Headnote

Justices of the Peace—Term of Office.—Constitutional Construction. —The Act of 1880, fixing the terms of office of justices of the peace at two years, is constitutional.
Application for mandamus to compel the board of supervisors to call an election for justice of the peace. The facts The facts are stated in the opinion of the court.
J. A. Hosmer, and S. L. Terry, for Petitioner.
McAllister & Bergin, and J. C. Campbell, for Respondent.
J. C. Burt, amicus curiæ.

We are of opinion that the Act of 1880 (Stat. 1880, p. 35, amending Code Civil Proc., § 110), fixing the terms of office of justices of the peace at two years from the first day of January next succeeding their election, is constitutional, and that these officers are to be elected this year.

Let the writ issue as prayed for.