Wojick

Defendant appeals from an order denying his motion to vacate forfeiture of bail. He contends that at the time of his arrest and at all times subsequent thereto he was in active service as a member of the United States Navy (aboard the'U.S.S. Yorktown); that being so, the trial court was assertedly without jurisdiction to declare a forfeiture because of certain provisions of the Soldiers’ and Sailors’ Civil Relief Act (50 U.S.C.A. App.), referred to hereinafter as the “Act.”

The record reveals the following facts: On October 29, 1962, defendant failed to appear in court to enter his plea to an information charging the commission of two felonies; according to the permanent minutes of that date, bail was forfeited and a bench warrant ordered (though not issued) and the matter thereupon continued to November 7, 1962. On the above continued date (according to the minutes), defendant again was not present; bail was forfeited and a bench war *3 rant “ordered and issued.’’ On February 6, 1963, counsel for defendant moved the court for an order vacating forfeiture. After two hearings, the motion was finally denied on February 20,1963.

It is provided by section 1305 of the Penal Code that…