Whipple

SAWYEE, J.-

The petitioner, who is in custody under an order directing him- to be imprisoned until payment of a fine imposed as a punishment on a conviction under the act to prohibit gaming, seeks to be discharged on habeas corpus. The amount of the fine was tendered in United States treasury notes, and the tender refused on the ground that said notes are not receivable in satisfaction of the fine.

The principle upon which the decision must depend was determined i-n Perry v. Washburn, 20 Cal. 350. The opinion in that case was written by Chief Justice Field — now a justice of that court with…