McAllister

C. — This action is for a writ of mandate to compel Mr. E. W. Hamlin, the auditor for the county of Los Angeles, to draw a warrant on the treasurer of that county for the sum of $34.40, the same being the amount of compensation allowed the petitioner, and respondent here, for services rendered as a short-hand reporter, under an appointment made by a justice of the peace of that county, in taking down in short-hand the testimony of witnesses examined before the justice of the peace as a committing magistrate in a criminal action where the state of California was plaintiff and one J. J. Hedges was defendant. The court below granted the writ as prayed. From the judgment rendered in the premises this appeal is taken.

The point to be determined seems to be, in what way and at what rate a short-hand reporter performing such services is to be paid.

The petitioner’s contention is, that the method of his compensation, after being appointed to act, is fixed by section 869 of the Penal Code, subdivision 6, which is: “The reporter’s compensation shall be fixed by the magistrate before whom the examination is had, and shall *363 not exceed that now allowed reporters in the superior courts of…