Hilton

The plaintiff was summoned to attend as a trial juror before the superior court of San Francisco, Department No. 3 thereof, and in obedience thereto appeared and attended as such trial juror upon twenty days in the months of March and April, 1897, exclusive of days upon which he actually served as a juror in the trial of causes therein. During all this time this department of the superior court tried only civil cases. Thereafter he demanded from the defendant,who was the county clerk and ex officio clerk of said superior court, a certificate stating that he had so attended and was entitled to he paid therefor the sum of forty dollars, computed at the rate of two dollars per day for each day’s attendance. The defendant refused to give him this certificate, and he thereupon applied to the superior court for a writ of mandate commanding the defendant as such clerk to make and issue to him the said certificate. A demurrer to his petition was overruled by the court, and judgment was entered in his favor in accordance with his petition, from which the present appeal has been taken.

*86 The writ of mandate is issued “to compel the performance of an act which the law specially enjoins as…