Court may declare who was elected, Fees of officers and witnesses. Costs. Appeal. When election void and office vacant. 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 insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court must pronounce judgment in the premises, either confirming or annulling and setting aside such election. SEC. 1005. 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. SEC. 1006. The clerk, marshal, or sheriff, and witnesses shall receive respectively, the same fees, from the party against whom judgment is given, as are allowed for similar services in other cases SEC. 1007. If the proceedings are dismissed for insufficiency, or 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 and set aside, judgment for costs must be rendered against the party whose election was contested, in favor of the party contesting the same. 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. SEC. 1008. Either party, aggrieved by the judgment, may appeal therefrom to the supreme court, as in other cases of appeal thereto from the district court. SEC. 1009. Whenever an election is annulled or set aside by the judgment of the district court, and no appeal has been taken within ten days thereafter, the commission, if any has been issued, is void, and the office vacant. TITLE III. SUMMARY PROCEEDINGS. CHAPTER I. Confession of Judgment without Action. be confessed for tingent liability. SEC. 1014. A judgment by confession may be en- Judgment may tered without action, either for money due or to become debt due or condue, 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. writing and form SEC. 1015. A statement in writing must be made, Statement in signed by the defendant and verified by his oath to the thereof. 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. SEC. 1016. The statement must be filed with the Filing statement and entering clerk of the court in which the judgment is to be entered, judgment. who must indorse upon it, and enter in the judgment book, a judgment of such court for the amount confessed, with five dollars costs. The statement and affidavit, with the judgment indorsed, thereupon becomes the judgment roll. court. SEC. 1017. In a justice's court, where the court has How, in justice's the 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 district clerk, a copy of the statement must be filed with it. Controversy, how submitted CHAPTER II. Submitting a Controversy without Action. SEC. 1018. Parties to a question in difference, which without action. 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. Judgment on, as in other cases, but without costs SEC. 1019. Judgment must be entered in the judgment book, as in other cases, but without costs for any proprior to notice of ceeding prior to the trial. The case, the submission, and a copy of the judgment constitutes the judgment roll. trial. Judgment may be enforced or appealed from as in an action. SEC. 1020. 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. Persons confined may be dis charged. Notice of application. Service of no tice. CHAPTER III. Discharge of Prisoners on Civil Process. SEC. 1021. 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. SEC. 1022. 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 the district judge of the district in which the county in which he may be imprisoned is situated, for the purpose of obtaining a discharge from his imprisonment. SEC. 1023. Such notice must be served upon the plaintiff, his agent or attorney, one day at least before the hearing of the application. fore judge. SEC. 1024. At the time and place specified in the Examination benotice, 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. Interrogatories SEC. 1025. The plaintiff in the action may, upon may be in writsuch examination, propose to the prisoner any interroga- ing. tories 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 prisoner. SEC. 1026. If, upon the examination, the judge is Oath to be adsatisfied that the prisoner is entitled to his discharge, he ministered. must administer to him the following oath, to-wit: "I do solemnly swear that I have not any estate, real or personal, to the amount of fifty dollars, except such as is by law exempt 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." charge. SEC. 1027. After administering the oath, the judge Order of dismust 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. again apply, SEC. 1028. If such judge does not discharge the If not discharged prisoner, he may apply for his discharge at the end of prisoner may every succeeding ten days, in the same manner as above when provided, and the same proceedings must thereupon be had. SEC. 1029. The prisoner, after being so discharged, Discharge final. is forever exempt 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. SEC. 1030. The judgment against any prisoner who Judgment reis discharged remains in full force against any estate which mains in force. 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. der discharge of SEC. 1031. The plaintiff in the action may at any Plaintiff may or time order the prisoner to be discharged, and he is not prisoner, etc. thereafter liable to imprisonment for the same cause of action. Plaintiff to ad vance funds for oner. SEC. 1032. Whenever a person is committed to jail support of prison an execution issued on a judgment recovered in a civil action, the creditor, his agent or attorney, must advance to the jailor, 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 a failure to do so, the jailor must forthwith discharge such prisoner from custody; and such discharge has the same effect as if made by order of the creditor. Forcible entry defined. Forcible detainer defined. Unlawful de. tainer defined. CHAPTER IV. Summary Proceedings for Obtaining Possession of Real SEC. 1033. Every person is guilty of a forcible entry who either: 1. By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror, enters upon or into any real property; or 2. Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession. SEC. 1034. Every person is guilty of a forcible detainer who either: 1. By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise; or 2. Who, in the night time, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant. The occupant of real property, within the meaning of this subdivision, is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands. SEC. 1035. A tenant of real property, for a term less than life, is guilty of an unlawful detainer: 1. Where he continues in possession, in person or by sub-tenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without |