Morstadt

This is an appeal from an order of the superior court directing the issuance of a writ of mandate to the appellant, a justice of the peace of Sonoma county, requiring him to enter in his docket the failure of one Berta to appear for examination on November 10, 1891, at 11 A. m., and also commanding said justice to declare a certain undertaking of bail, given by defendant prior to that time, forfeited.

Berta was charged with the offense of embezzlement, and upon his arrest gave a bond in the sum of one thousand dollars, with two sureties, conditional that he would appear and answer the charge when ordered by the court. By consent of the attorneys the examination was set for November the 10th, at 11 a. m. In the mean time a demurrer was filed to the complaint upon the ground *380 that it stated no cause of action, and the argument of this demurrer was taken up on the 10th of November, at 10 a. m. This argument continued until 11:25 A. m., when the following occurred, as appears by the evidence of the justice of the peace: “Now, when it was 11:25 a. m., Mr. Leppo (deputy district attorney), in the midst of his argument of the demurrer, pulled out his watch and says: ‘I ask now the…