Victors

Mandate. Petitioner is a resident of the city and county of San Francisco, a physician and surgeon of many years ’ practice. The nature of the action sufficiently appears from the following findings:

No objection is made to the form of the claim. The items were:

Indorsed as follows:

As conclusions of law, the court found that petitioner is entitled to a peremptory writ of mandate directed to B. C. Kelsey, treasurer of Plumas County, commanding him to pay said claim to petitioner with interest at seven per cent per annum from March 2, 1915, and judgment was accordingly entered.

The appeal is from said judgment on the judgment-roll alone.

The only item challenged for its illegality is the charge of $150 for per diem services as a witness. And appellant contends that petitioner was entitled only to the usual and ordinary witness fees. (Pol. Code, sec. 4300g; Pen. Code, sec. 1329.)

It must be conceded that unless the district attorney was authorized by law to engage the services of petitioner in an expert capacity and agree to compensate him for his services as such, the contention of appellant must prevail. If, however, the district attorney had such authority and no objection…