Frame

This is a proceeding in mandamus brought by petitioner, a copyist in the office of the county recorder of Fresno County, against the auditor of that county, for the purpose of compelling said auditor to draw a warrant upon the county treasurer for the payment of $599.10, alleged to be due to her as such copyist for her services during the months of February and March, 1918, the amount of said demand being approved by the county recorder. The auditor justifies his refusal to issue the warrant upon two grounds, namely, that in computing the number of folios covered by the demand the copyist had included a large number of words not actually written by her, but which were printed in the books of record in which her work of copying was done; and, second, that the demand of petitioner had not been presented to nor allowed by the board of supervisors of the county.

As to the first of these points, section 4130 of the Political • Code (which relates to the duties of the county recorder of' Fresno County) provides that the recorder must procure such books for records as the business of his office requires, and that such books may contain printed forms of deeds or other instruments of…

While all of the justices of this court concur in the judgment of the district court of appeal discharging the writ of mandate, and in what is said in the opinion as to the necessity of presenting such a claim as that of petitioner to the board of supervisors for allowance, we are not in accord with the views of that court upon the first question discussed in the opinion. To the contrary, we are clearly satisfied that the contention of respondent that petitioner is entitled to be paid only for the words actually copied by her into the books of record is well based.

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Shaw, J., and Wilbur, J., concurred.