Allen

This was an action against Napa County by the assignee of a constable of Napa township, in said county, for official services in making an arrest under a warrant issued by a justice of the peace of Napa township. In executing the warrant, the constable traveled *188 to San Pedro, in Los Angeles County, arrested the alleged criminal there, and brought him before the justice who issued the warrant. The claim is mainly for mileage in going to San Pedro and in bringing back the prisoner. The trial court overruled a demurrer to the complaint, and no answer having been put in, gave final judgment for the plaintiff for the amount claimed. The only questions which have been argued are, whether the constable was authorized to execute process outside of his county, and if so, whether he was entitled to mileage in taking his prisoner before the magistrate.

1. Was the constable authorized to execute the warrant outside of his county ?

As will be- shown below, the provisions of the present statutes in relation to this question are not materially different from those formerly in force. The construction given to the old statutes will therefore aid in the solution of the question.

The…