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present incumbents in office were not to be affected thereby, and it was held that the county clerk of San Luis Obispo county continued to be entitled to the compensation provided for by the act of March 29, 1870 [Stats. 1869–70, p. 438], and that he was not entitled to compensation provided for in the act of 1876, which fixed the salary for the offices of clerk, recorder and auditor combined. The act of 1876 had become inoperative by the act of 1881, by which the offices had been segregated. San Luis Obispo County v. Darke, 76 Cal. 94.

Under the amendment of 1885 [Stats. p. 125], of the county government act of 1883, in counties of the third class the sheriff is allowed $9520 per annum, and, as additional compensation, the mileage collected by him in criminal cases, wiiere the same is not a charge against his own county. On the same day of the amendment of section 164 (1885, p. 125], allowing sheriffs in certain counties additional deputies, another act was passed [p. 126], to allow compensation for conveying prisoners to state prisons and insane asylums. Held, this additional compensation was not allowed to the sheriff for his own use, and that he was required to pay it into the county treasury. County of Santa Clara v. Branham, 77 Cal. 593.

A constable who makes an arrest outside of his county is entitled to fees for taking his prisoner before the magistrate, as well as for going to make the arrest. Statutes 1869–70, pp. 159-171, provides that constables shall receive "for all other services the same fees as are allowed to sheriffs for similar services," and the county government act, section 163, act of 1883 [Stat. 343], provides that constables of that class shall receive such fees as are now or hereafter may be allowed by law. Allen v. Napa County, 82 Cal. 192.

The amendment of 1889 to section 188 [Stat. 279] of the county government act, determining what fees shall be allowed constables in counties of the twenty-sixth class, is not repugnant to section 5, article XI, of the constitution, What compensation should be allowed in proportion to duties is a question of fact to be determined by the legislature. [Commenting also upon sections 170 and 234 of act of 1891.] Section 188 of act of 1889 is re-enacted as section 170 of the act of 1891. Green v. County of Fresno, 95 Cal. 331.

The action of county supervisors in reducing the compensation of constables is not in conflict with section 9, article XI, constitution, which prohibits an increase of salary, but the matter of fixing and regulating fees and salaries is vested in the legislature [Const. Sec. 5, Art. XI), and that authority cannot be delegated to the supervisors. The attempt by subdivision 14, section 183, of act of 1891, to delegate such matter to the supervisors is void. People v. Johnson, 95 Cal. 474.

In considering the amendment [Stats. 1889, p. 297], to subdivision 14 of section 201 of the act of 1883, it was held that the evident intent

of the legislature was to change the rate of mileage and not the subject for which it might be allowed, hence a constable in counties of thirty-ninth class should receive mileage for conveying a prisoner to jail as well as for going to make the arrest. The statute of 1869–70, p. 148, was the law for regulating fees when the county government act was passed, and must be resorted to for determining “such fees as are allowed by law.” Nelson v. Breen, 98 Cal. 246.

The amendment of section 211, of act of 1883, by act of 1887 [Stats. p. 207], read: “The salaries and fees provided in this act shall be in full compensation for all services of every kind and description rendered by the officers therein named,

provided further, that the board of supervisors shall allow to the sheriff his necessary expenses for pursuing criminals or transacting any criminal business without the boundaries of his county." In construing this section with section 9 of the act of 1870 [Stats. p. 159), it was held that a sheriff was not entitled to mileage for the distance traveled in an unsuccessful search for escaped prisoners charged with crime, although the persons are subsequently found and arrested by him upon a second search. And held also, that the sheriff was not entitled to mileage for going from county seat to another town where he made certain arrests for misdemeanor without warrants, when he did not go for the purpose of making such arrests and had no knowledge of the offenses when he started out. Overall v. County of Tulare, 100 Cal. 61.

Section 3770 of the Political Code provided for the retention by the county tax collector of five per centum additional to amounts due on the delinquent list, and a charge of fifty cents on each lot or parcel of land separately assessed, etc. By the amendment of 1887 [Stats. p. 207], of section 211 of the county government act of 1883, it was provided that the salaries and fees therein provided for should be in full for all services of county officers, etc. This amendment was held unconstitutional for reasons given in Dougherty v. Austin, cited infra. And in County of Orange v. Harris, 97 Cal. 602-3, it is held that this amendment being itself unconstitutional, did not repeal section 3770, Political Code, but that the original provision in the act of 1883, declaring the compensation therein provided should be in full for all services, did repeal that section. This would throw some doubt upon the act of 1895 [Stats. p. 323, Palm ed.], purporting to amend section 3770 of Political Code. Can a section which has been repealed be afterwards amended?

Repeals by implication not being favored in law, the repugnancy between two statutes should be very clear to warrant a court in holding that the later in time repeals the other, when it does not in terms purport to do so. Applying this rule, it is held that sections 180 and 211 of county government act { Amendments of 1889), do not repeal the amendment, section 1770 of Political Code, enacted one day previously, allowing five dollars per day to members of board of education. Banks v. Yolo County, 104 Cal. 259.

The act of 1891 took effect upon its passage, and section 216 thereof operated to render nugatory (so far as percentage allowed assessors on poll taxes), section 4334 of the Political Code, which was passed ten days previously, but which did not go into effect until sixty days after its passage, and which latter enactment required county officers to pay over to the treasurer all fees collected by them. County of San Luis Obispo v. Felts, 104 Cal. 61. See sections 215, 216, 217, 222 and notes.

At the session of 1889, the legislature among -other amendments amended subdivision 15 of section 189 of the county government act, relating to counties of the twenty-seventh class, by providing that all moneys collected in counties of this class for licenses within the limits of any incorporated city or town should be paid into the city treasury to be expended on the streets. This was held unconstitutional because not germane to the subject expressed in the title of the act, and as it made an exception of one particular class, it was "special,' as establishing a rule in conflict, upon the subject of which it treats, with the law prescribed for all the other counties and classes of counties. County of San Luis Obispo v. Graves, 84 Cal. 74.

March 14, 1891 [Stats. p. 106], the legislature amended those provisions of the county


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