Guiberson

Application for writ of mandate. Judgment for defendant. Motion for new trial denied. Plaintiff appeals from such judgment and order.

Plaintiff makes this application for a writ of mandate to compel the auditor of Ventura county to issue his warrant upon the treasury of said county for $120 for plaintiff’s salary as justice of the peace of Camulos township in criminal cases, for the six months beginning with April and ending with September, 1904. The auditor refused to issue such warrant upon the ground that Camulos township did not have a population of five hundred, according to the federal census of 1900, and upon the further ground that such justice has not qualified as such by filing an official bond in the form required by law, and that he did not perform the duties of such office.

Upon the hearing of the case the court found that Camulos township, since September 6, 1901, has been a duly organized township with a population of more than five hundred and less than one thousand; that said justice did not file his bond in the form required by law, and did not enter upon the discharge of the duties of his office, or continue in the discharge thereof, for the time mentioned in…