from the date of such order, at which session the ballots shall be opened and a recount taken, in the presence of all the parties, of the votes cast for the various candidates in all contests where it appears from the statements filed that a recount is necessary for the proper determination of such contest or contests. The court shall continue in special session to hear and determine all other issues arrising in such contested elections and within ten days after the submission thereof, the court shall file its findings of fact and conclusions of law and immediately thereafter judgment thereon shall be entered.-1907-643. 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, at least five days before the time so specified. -1880-75. 1120. The clerk must issue subpoenas for witnesses at the request of either party, which must be served as other subpoenas; and the superior court shall have full power to issue attachments to compel the attendance of witnesses who have been subpoenaed to attend. --1880-75. 1121. The court must meet at the time and place designated, to determine such contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day until such trial is ended, and may also continue the trial, before its commencement, for any time not exceeding twenty days, for good cause shown by either party upon affidavit, at the costs of the party applying for such continuance. 1122. The court must be governed, in the trial and determination of such contested election, by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable; and may dismiss the proceedings if the statement of the cause or causes of the contest is sufficient, [insufficient] or for want of prosecution. After hearing the proofs and allegations of the parties, the court must pronounce judgement in the premises, either confirming or annulling and setting aside such election. 1123. If in any such case it appears that another person than the one returned has the highest number of legal votes, the court must declare such person elected. The person declared elected by the superior court shall be entitled to a certificate of election; and, if a certificate has not already been issued to him, the county clerk must immediately make out and deliver to such person a certificate of election signed by him, and authenticated with the seal of the superior court. If the clerk has issued any certificate for the same office to any other person than the one declared elected by the court, such certificate shall be annulled by the judgment.-1907-649. 1124. Whenever the body canvassing the returns of any such election declares that no person has received the highest number of votes given for that particular office, any elector of the county, city and county, city or political subdivision of either, in which such office is to be exercised may, within twenty days after such declaration, contest the same by filing with the clerk a written statement setting forth the matters stated in subdivisions one, three and four of section eleven hundred and fifteen, and also the names of the persons shown by such declaration to have received the highest and equal number of votes; which statement must be verified. A citation must thereupon be issued to and served upon such of said persons receiving an equal number of votes as are not contestants as provided in section eleven hundred and nineteen. Thereupon like proceedings must be had as are provided in this title for contesting the right of a person declared elected; and all the provisions of this title so far as applicable thereto must govern in such proceedings. If the court finds that some person has received the highest number of votes such person must be declared elected.-1907-678. 1124. Whenever the body canvassing the returns of any such election declares that no person has received the highest number of votes given for that particular office, any elector of the county, city and county, city, or political subdivision of either, in which such office is to be exercised, may, within twenty days after such declaration, contest the same by filing with the county clerk a written statement, setting forth specifically the matters stated in subdivisions one, three, and four of section eleven hundred and fifteen, and also the names of the persons shown by such declaration to have received an equal number of votes; which statement must be verified as provided in said section eleven hundred and fifteen. A citation must thereupon be issued for and served upon the persons so declared to have received an equal number of votes, as provided in section eleven hundred and nineteen, unless one of such persons is the contestant, in which case the citation need not be issued for or served upon him. Thereupon like proceedings must be had as are provided in this title for contesting the right of a person declared elected; and all the provisions of this title, so far as applicable thereto, must govern in such proceedings. -1907-913. 1125. If the proceedings are dismissed for insufficiency, or for want of prosecution, or the election is by the court confirmed, judgment must be rendered against the party contesting such election, for costs, in favor of the party whose election was contested; but if the election is annulled or set aside, judgment for costs must be rendered against the party whose election was contested, in favor of the party contesting the same: provided, that where two or more contested elections are joined for the purpose of recounting votes as in this title provided, the costs shall be apportioned among the parties in the discretion of the court. Primarily each party is liable for the costs created by himself, to the officers and witnesses entitled thereto, which may be collected in the same manner as similar costs are collected in other cases. -1907-643. 1126. Either party, aggrieved by the judgment of the court, may appeal therefrom to the district court of appeal, as in other cases of appeal thereto from the superior court; provided, that during the pendency of proceedings on appeal, and until final determination of such proceedings, the person declared elected by the superior court shall be entitled to the office in like manner as if no appeal had been taken.-1909-975. 1126. Either party aggrieved by the judgment of the court may, within thirty days after notice of the entry thereof, appeal there from to the supreme court, as in other cases of appeal thereto from the superior court.-1907-913. 1127. Whenever an election is annulled, or set aside by the judgment of the superior court, and no appeal has been taken within ten days thereafter, the commission, if any has issued, is void, and the office vacant.-1880-76. TITLE III. Summary Proceedings. Chapter I. Confession of Judgment without Action. Section II. Submitting a Controversy without Action. III. Discharge of Persons Imprisoned on Civil Process. CHAPTER I. Confession of Judgment Without Action. Section 1132. Judgment may be confessed 1134. Filing statement and enfor debt due or contingent liability. 1133. Statement in writing, and form thereof. tering judgment. 1135. How, in justices' courts. 1132. A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such judgment may be entered in any court having jurisdiction for like amounts. 1133. A statement in writing must be made, signed by the defendant, and verified by his oath, to the following effect: 1. It must authorize the entry of judgment for a specified sum; 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, and show that the sum confessed therefor is justly due, or to become due; 3. If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same. 1134. The statement must be filed with the clerk of the court in which the judgment is to be entered, who must indorse upon it, and enter in the judgment-book, a judgment of such court for the amount confessed, with ten dollars costs. The statement and affidavit, with the judgment indorsed, thereupon becomes the judgment-roll. 1135. In a justice's court, where the court has authority to enter the judgment, the statement may be filed with the justice, who must thereupon enter in his docket a judgment of his court for the amount confessed, with three dollars costs. If a transcript of such judgment be filed with the county clerk, a copy of the statement must be filed with it. Section CHAPTER II. Submitting a Controversy Without Action. Section 1138. Controversy, how submit- 1140. Judgment may be enforced or appealed from as in an action. ted without action. 1139. Judgment on, as in other cases, but without prior to notice of trial. costs 1138. Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending. 1139. Judgment must be entered in the judgment-book as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment-roll. 1140. The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal. 1143. Any person confined in jail, on an execution issued on a judgment rendered in a civil action, must be discharged therefrom upon the conditions in this chapter specified. 1144. Such person must cause a notice in writing to be given to the plaintiff, his agent, or attorney, that at a certain time and place he will apply to a judge of the superior court of the county in which such person may be confined, for the purpose of obtaining a discharge from his imprisonment.-1880-114. 1145. Such notice must be served upon the plaintiff, his agent, or attorney, one day at least before the hearing of the application. 1146. At the time and place specified in the notice, such person must be taken before such judge, who must examine him under oath concerning his estate and property and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and such judge may also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor. 1147. The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they must, if required by him, be proposed and answered in writing, and the answer must be signed and sworn to by the pris oner. 1148. If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he must administer to him the following oath, to wit: "I, do solemly swear that I have not any estate, real or personal, to the amount of fifty dollars, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to hinder, delay, or defraud my creditors, so help me God." 1149. After administering the oath, the judge must issue an order that the prisoner be discharged from custody, and the officer, upon the service of such order, must discharge the prisoner forthwith, if he be imprisoned for no other cause. 1150. If such judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding ten days, in the same manner as above provided, and the same proceedings must thereupon be had. 1151. The prisoner, after being so discharged, is forever exempted from arrest or imprisonment for the same debt, unless he be convicted of having willfully sworn falsely upon his examination before the judge, or in taking the oath before prescribed. 1152. The judgment against any prisoner who is discharged remains in full force against any estate which may then or at any time afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed. 1153. The plaintiff in the action may at any time order the prisoner to be discharged, and he is not thereafter liable to imprisonment for the same cause of action. 1154. Whenever a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent, or attorney must advance to the jailer, on such commitment, sufficient money for the support of the prisoner for one week, and must make the like advance for every successive week of his imprisonment; and in case of failure to do so, the jailer must forthwith |