Barrett

Action upon an undertaking. Judgment for plaintiff, from which defendants appeal.

It appears from the record that Barrett was convicted of a misdemeanor by a magistrate and adjudged to pay a fine of $500 and be imprisoned for thirty days, and in default of payment of such fine that he be imprisoned at the rate of one dollar a day for each dollar of fine. From thij judgment he appealed, and the undertaking sued on in this action was given, which undertakes and promises on the part of defendant that, in case said judgment be affirmed or modified, or the appeal be dismissed by said superior court, Barrett will pay the fine and render himself to said justice in execution of said judgment of thirty days’ imprisonment and to obey all orders and processes of said justice’s court in fulfillment of said judgment; or, in case the judgment be set aside and a new trial ordered by said superior court, that defendant will appear in said superior court and submit himself, etc. This undertaking was given pursuant to section 1273 of the Penal Code, which provides for admission to bail after conviction—■

“First—If the appeal is from a judgment imposing a fine only, on the undertaking of bail that…