Myers

This is a proceeding in mandamus to compel the controller and treasurer respectively of the city of Los Angeles to draw a warrant for and pay to the petitioner the principal amount theretofore paid by the petitioner in satisfaction of a judgment on a forfeited bail bond entered against the petitioner pursuant to sections 1305 and 1306 of the Penal Code. The matter is submitted on a general demurrer to the petition and briefs filed by the petitioner and by amicios curiae, the county of Los Angeles.

It appears from'the petition that on or about the twenty-ninth day of April, 1929, there was pending in the municipal court of the city of Los Angeles a criminal proceeding entitled, “The People, etc., v. Charles F. Clark”, wherein the defendant was charged with a violation of the Wright Act, a misdemeanor; that the defendant therein had entered a plea of not guilty and was admitted to bail in the sum of $1700; that the petitioner executed a bail bond in the sum required and the defendant was released from custody pending his trial; that when the cause was regularly called for trial on May 21, 1929, the defendant did not appear and his bail was declared forfeited; that on September 16,…