Riley

This is an original proceeding in mandamus to require the respondents to comply with the provisions of the “Narcotic Rehabilitation Act” (Stats. 1927, p. 149; Deering's Gen. Laws, Act No. 5320).

The facts are without dispute. A “patient” within the meaning of the act was duly and regularly committed to the state narcotic hospital by order of the Superior Court sitting in the City and County of San Francisco. In that proceeding the “patient” was found to be a resident of the county of ■San Mateo and the court thereupon entered its order that San Mateo County make payments to the state of California for the support of the inmate of the state hospital pursuant to the act. The respondents defend upon the sole ground that San Mateo County was not.a party to the proceeding leading to the commitment and had no opportunity to contest the issue of the residence of the inmate.

Section 3 of the act authorizes the arrest and the trial and commitment before “a judge of the superior court” of “any person” found to be a drug addict. Section 4 provides that, “at the hearing”, the court must inquire into the financial condition of the person committed, and that the court may order the payment of…