Snow

The plaintiff seeks by this action to recover from the defendants upon a bond executed by them for the faithful performance by the defendant Snow of his official duties the sum of $1,868.32, alleged to have been received by him in his official capacity during his term of office and appropriated to his own use. Snow held the office of “auditor and assessor” of the plaintiff for two years, during the time for which the bond was given, and the moneys which the plaintiff seeks to recover are a portion of the taxes upon personal property collected by him by virtue of his office. Judgment was rendered in favor of the plaintiff, and the defendants have appealed therefrom and also from an order denying a new trial.

The collection of the moneys by Snow is not controverted, but the appellants claim that he has the right to retain the amount sued for as .a commission allowed by law for their collection. On the other hand, the plaintiff insists that it was his duty to pay them into the treasury immediately upon their collection. The correctness of the judgment depends upon the construction to be given to various provisions of the charter of the city of Oakland (Stats. 1889, p. 514).

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