Fenn

In December, 1917, while the defendant was acting as a magistrate of the county of Tulare under and by virtue of his office as recorder of the city of Lindsay in that county (said city of Lindsay being a city of the sixth class), he received a complaint in writing made to him as such magistrate, charging one Ah Wong with the commission of a felony. Such proceedings were had that said magistrate received from the said Ah Wong the sum of five hundred dollars as bail and undertaking that the said Ah Wong would appear, etc., as required. At the time set for the examination of Ah Wong before the defendant upon said charge of felony Ah Wong did not appear. Thereupon the said Fenn, acting as magistrate, entered the ii.ct of such nonappearance upon the minutes of the recorder’s court of the city of Lindsay, and did declare said sum of five hun- ■ dred dollars to be forfeited by the said Ah Wong. That forfeiture has' become final; nevertheless, the defendant has not paid said sum to the treasurer of the county of Tulare. On these facts, which are pleaded more fully in the complaint, the county of Tulare brought this action to recover judgment against the defendant for said sum of five…