Birch

The defendant Phelan is the mayor of the city and county of San Francisco, and, in virtue of his office, is president of the board of supervisors of said city and county; the other defendants are members of said board. The plaintiff served as a juror at various times—eleven days in all—during the month of March, 1899, upon the trial of sundry criminal causes prosecuted in the superior court of said city and county; he presented to the said board a claim in the sum of twenty- two dollars for his services as such juror, and demanded that .the same he allowed as a valid claim payable out of the munici;pal treasury; defendants having refused, plaintiff petitioned the superior court for a writ of mandamus to compel them to allow his claim; the court denied his writ, hence this appeal.

In most of the counties of the state express provision has been made by the legislature for compensation of jurors in criminal cases from the public county funds. (Act March 5, 1870, sec. 28; Stats. 1869-70, p. 176; amended March 1, 1872, Stats. 1871-72, p. 188; Jacobs v. Elliott, 104 Cal. 320 .) But by section 52 of said act of 1870 the city and county of San Francisco was exempted from the operation of…