that the words requiring the party to show cause why he should not be absolutely restrained, etc., must be omitted, and a return day inserted. Compare-sec. 1087, and notes. § 1105. The provisions of the preceding chapter, except of the four first sections thereof, apply to this proceeding. CHAPTER IV. WRITS OF REVIEW, MANDATE, AND PROHIBITION MAY ISSUE AND BE HEARD AT CHAMBERS. § 1108. Writs of review, mandate, and prohibition may issue and be heard at chambers. § 1108. Writs of review, mandate, and prohibition issued by the Supreme Court, or by a Superior Court, may, in the discretion of the court issuing the writ, be made returnable and a hearing thereon be had at any time. [In effect April 15th, 1880.] Powers of judges at chambers-secs. 165, 166. CHAPTER V. RULES OF PRACTICE, AND APPEALS. § 1109. Certain provisions of part two applicable. 1110. Same. § 1109. Except as otherwise provided in this title, the provisions of part two, [§§ 307-1059] of this Code, are applicable to, and constitute the rules of practice in the proceedings mentioned in this title. § 1110. The provisions of part two, of this Code, relative to new trials and appeals, [§§ 656-663, and §§ 936-959] except in so far as they are inconsistent with the provisions of this title, apply to the proceedings mentioned in this title. TITLE II. OF CONTESTING CERTAIN ELECTIONS. 1111. Who may contest, and grounds of contest. 1112. Irregularity and improper conduct of judges, when to annul elections. 1113. When not to. 1114. Illegal votes, when not to vitiate election. 1115. Proceedings on contest. 1116. Statement of cause of contest. When based on reception of illegal votes, contestant to deliver to respondent a list of votes claimed to be illegal. 1117. Statement of cause of contest; want of form not to vitiate. 1118. County judge to hold special term for trial of contest. 1119. Clerk to issue citation to respondent. 1120. Witnesses-attendance of, how enforced. 1121. Power of court. Adjournment of court. $1122. Rules to govern court in trial of contest. 1123. Court may declare who was elected. 1124. Fees of officers and witnesses. 1125. Costs. 1126. Appeal. 1127. When election void and office vacant. § 1111. Any elector of a county, city and county, city, or of any political subdivision of either, may contest the right of any person declared elected to an office to be exercised therein, for any of the following causes: 1. For malconduct on the part of the board of judges, or any member thereof; 2. When the person whose right to the office is contested was not, at the time of the election, eligible to such office; 3. When the person whose right is contested has given to any elector or inspector, judge, or clerk of the election, any bribe or reward, or has offered any such bribe or reward for the purpose of procuring his election, or has committed any other offense against the elective franchise, defined in title four, part one, of the Penal Code; 4. On account of illegal votes. [Approved March 11th, 1876.] Contesting elections-Generally, title constitutional, 13 Cal. 145: construction of election laws, 31 Cal. 82: forms a special case, 24 Cal. 449: locally applicable, 46 Cal. 398: county seats, election for, not covered, 30 Cal. 325; 24 Cal. 449: requisites of election, etc., 28 Cal. 124. Elector, 43 Cal. 229. Person declared elected, legislator, governor, see Political Code, secs. 273, 288. Office, illegally occupied, etc. sec. 803. SUBDIVISION 1. Malconduct of judges-secs. 1112, 1113; 2 Cal. 135; 12 Cal. 352; 26 Cal. 161; 31 Cal. 82. SUBDIVISION 2. Ineligibility, effect of, 13 Cal. 145; 23 Cal. 315. SUBDIVISION 4. Illegal votes-14 Cal. 479; 28 Cal. 124; 34 Cal. 273. § 1112. No irregularity or improper conduct in the proceedings of the judges, or any of them, is such malconduct as avoids an election, unless the irregularity or improper conduct is such as to procure the person whose right to the office is contested to be declared elected, when he had not received the highest number of legal votes. Malconduct of judges-as ground of contest, sec. 111, subd. 1: irregularities, etc., must alter result, 12 Cal. 352; 31 Cal. 173; 34 Cal. 273, 635. § 1113. When any election held for an office exercised in and for a county is contested on account of any malconduct on the part of the board of judges of any township election, or any member thereof, the election cannot be annulled and set aside upon any proof thereof, unless the rejection of the vote of such township or townships would change the result as to such office in the remaining vote of the county. Malconduct of judges-see sec. 1112n. Township, or precinct, 20 Cal. 50; 31 Cal. 173; and see VOTING PRECINCTS, sec. 1116n. § 1.114. Nothing in the fourth ground of contest, specified in section eleven hundred and eleven, is to be so construed as to authorize an election to be set aside on account of illegal votes, unless it appear that a number of illegal votes has been given to the person whose right to the office is contested, which, if taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to such other person. Compare-irregularities, etc., must alter result, under MALÇONDUCT OF JUDGES, Sec. 1112n. § 1115. When an elector contests the right of any person declared elected to such office, he must, within forty days after the return day of the election, file with the county clerk a written statement, setting forth specifically: 1. The name of the party contesting such election, and that he is an elector of the district, county, or township, as the case may be, in which such election was held; 2. The name of the person whose right to the office is contested; 3. The office; CODE CIV. PROC.-33. 4. The particular grounds of such contest. Which statement must be verified by the affidavit of the contesting party, that the matters and things therein contained are true. Elector-43 Cal. 229. Within forty days-31 Cal. 261. Statement of contestant-see secs. 1116, 1117; 30 Cal. 394; 43 Cal. 229. § 1116. When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one or more specified voting precincts illegal votes were given to the person whose election is contested, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony can be received of any illegal votes, unless the party contesting such election deliver to the opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony can be received of any illegal votes except such as are specified in such list. [In effect April 15th, 1880.] Three days before trial-list delivered, need of, 30 Cal. 393: computation of time, sec. 12n; 51 Cal. 514. Voting precincts-townships, before amdt. 1880. § 1117. No statement of the grounds of contest will be rejected, nor the proceedings dismissed by any court for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which such election is contested. § 1118. Upon the statement being filed, the county clerk must inform the Superior Court of the county thereof, which shall thereupon order a special session of such court to be held at the court-room, on some day to be named by it, not less than ten nor more than twenty days from the date of such order, to hear and determine such contested election. [In effect April 15th, 1880.] Special session-term, before 1880, 24 Cal. 453, and see TERMS, sec. 73n. § 1119. The clerk shall thereupon issue a citation for the person, whose right to the office is contested, to appear at the time and place specified in the order, which citation must be delivered to the sheriff, and served either upon the party in person, or, if he cannot be found, by leaving a copy thereof at the house where he last resided, |