Shaw

This proceeding in mandamus was commenced by the county of Fresno to compel the defendant A. J. Shaw, as the former city recorder of the city of Coalinga, to pay over to the treasury of said county certain fines imposed and collected by him for violations of state statutes.

The city of Coalinga, in Fresno County, is a municipal corporation of-the sixth class organized under the Municipal Corporation Act. It maintains a city recorder’s court. It is conceded that the entire salary of this office is paid by the city of Coalinga. By statute this court has concurrent jurisdiction with the justice’s court of all actions and proceedings, civil and criminal, arising within the corporate limits of said city. The defendant'A. J. Shaw formerly held the position of city recorder and as such has collected fines for violations of the state law. Although no longer occupying the position, he still retains in his custody a certain aggregate sum collected by him as fines for violations of state law. He has refused to pay this sum into the treasury of the county of Fresno and threatens to pay the same into the treasury of the city of Coalinga. This proceeding was instituted to require him to pay…