Pennie

-Mandamus. The complaint alleges that the defendant is the justice of the peace of the third township of the city and, -county of San Francisco. ' That on the 4th of March, 1867, one James G. Gould commenced an action in said justice court against the relator herein, to recover the sum of eighty-seven dollars and costs of suit. That summons was issued, served and returned, and that on the return day the plaintiff in said action filed with the said justice the following order:

That thereupon the relator, defendant in said action, requested the defendant herein to enter a judgment according to the said order, with which request the defendant refused to comply, unless the relator, or the plaintiff in said action, should pay him the sum of three dollars as his fees for the entry of said judgment; and the said defendant still neglects and refuses to enter the said judgment except upon compliance with the said unlawful demand. It is further alleged that all the fees due in said action, to wit, the sum of two dollars for all services required to be performed by the defendant before trial, have been paid to him, and that no other fees are due.

A peremptory mandate is prayed for,…