Powell

This is an application for a writ of mandate to compel the allowance of a claim of eighteen dollars for services rendered by plaintiff as a juror in criminal cases in the superior court, during the month of September, 1899. The court below gave judgment for plaintiff, granting the writ, from which judgment this appeal is taken.

Prior to the act of March, 1901, adding section 1143 to the Penal Code, there was no law authorizing the payment of jurors’ fees in criminal cases in the city and county of San Francisco. (Jackson v. Baehr, ante, p. 266, this day decided. ) It was held in Hilton v. Curry, 124 Cal. 84 , that the general act of 1870 (Stats. 1869-1870, p. 148) in regard to jurors’ fees expressly excepted and exempted the city and county of San Francisco from its operation, and it was there said:—

In 1895 an act was passed (Stats. 1895, p. 267) as to the fees of jurors throughout the state, as follows: “For attending as a grand juror or juror in the superior court, for each day’s attendance, two dollars.” It was expressly held in the case of Hilton v. Curry, 124 Cal. 84 , that the act of 1895 cited did not repeal the act of February 27, 1866, as to the mode of paying jurors’…