Rowe

Petition for mandate to compel respondent to approve a certain bond offered by petitioner who claims to have been regularly appointed as a clerk of the police court .of the city of Los Angeles and to be entitled to qualify thereunder. The petition sets out that on the thirteenth day of August, 1913, a clerk was appointed for the same office which petitioner seeks to qualify himself for, and that said clerk so appointed on said date did not file a bond with the county clerk for the faithful performance of his duties. One of the claims of petitioner is, that because of the failure to file this bond with the county clerk the office became vacant under the provisions of section 996 of the Political Code. The clerk of the police court whose office is brought into question was appointed under the provisions of an act of the legislature approved June 6, 1913 (Stats. 1913, p. 469), which created police courts for cities of the first and one-half class, and continued generally the plan of organization of such courts which were originally created under what is commonly known as the "Whitney Act. Section 6 of the act now in force provides that the clerks of the police court shall be…