Earhart

This appeal has to do with the construction of a statute which deals with the forfeiture of bail, namely, Penal Code section 1305, subdivision (a). The appeal is from an • order denying a motion to set aside forfeiture of bail.

On August 6, 1969, a bail bond in the amount of $2,500 was filed in the Superior Court of the State of California in and for the County of Humboldt. The named surety was National Automobile and Casualty Insurance Co., a California corporation. Its name and address are set forth on the bond. The name and address of the bail agency, as stamped on the bond, are Thrifty Bail Bonds, 901 Fourth Street, Eureka, California. The bail was for defendant Kathryn A. McGraw. On November 17, 1969, defendant failed to appear, an order forfeiting bail was made, and a bench warrant was issued. The warrant recited the facts of nonappearance and of forfeiture of bail. This document was mailed to National Automobile and Casualty Insurance Co., 639 South Spring Street, Los Angeles, California. Notice of forfeiture was not mailed to George H. Earhart, appellant, the bail agent and owner of Thrifty Bail Bonds, whose address is 901 Fourth Street, Eureka, California, Mr.…