84 P. 669 | Cal. | 1906
This is an application by the plaintiff for a writ of mandate to compel the defendant, as auditor of Napa County, to issue his warrant upon the treasurer of that county for the sum of fifty-five dollars for plaintiff's services as justice of the peace of St. Helena Township in criminal cases for the month of January, 1903, and for a like sum for similar services for February, 1903. The auditor refuses to issue his warrant for a larger sum than thirty dollars per month. A demurrer was sustained to the complaint and a judgment rendered thereon in favor of the defendant, from which the plaintiff appeals.
The case is similar in its facts to that of Johnson v. Gunn,ante, p. 745, [
The act of 1895 (Stats 1895, p. 8, c. 2), regulating the fees of county and township officers, provides that justices of the peace may, for their own use, collect for all services in a criminal action, three dollars. Section 228 of the County Government Act (Stats. 1897, p. 575, c. 277) declares that all charges for services of justices of the peace in criminal actions not otherwise provided for and allowed by law are chargeable to the county. These provisions apply to all cases where the law relating to a particular class of counties fails to provide for the compensation of justices for such services, and under them the plaintiff would be entitled to the fees thereby allowed for such criminal cases as had come before him and had been disposed of by him. But as the complaint does not allege that he had performed any such services, nor that they amounted to the fifty-five dollars demanded, the court below properly sustained the demurrer thereto. We are of the opinion that section 184 of the amendment of 1901 to the County Government Act does not provide any salary for *759 justices of the peace of townships created after the census of 1900 was taken, where that census affords no means of ascertaining the population of such townships, and that as the complaint did not show that the plaintiff had performed any services in criminal cases which would entitle him to the sum demanded, it failed to state a cause of action.
The judgment is affirmed.
Angellotti, J., McFarland, J., Henshaw, J., and Lorigan, J., concurred.