Atkinson, J.
Whether or not upon the collection of a fine by the solicitor-general the. rule set out a sufficient case on its face requiring him to pay to the.county an amount previously paid by it as fees to a non-resident witness, the proceeding was prematurely brought before the close of the fall term of court. Penal Code, § 798 (7). Judgment affirmed.
All the Justices concur.