Prince

This action was tried upon an agreed state of facts, under sections 1138 and 1140 of the Code of Civil Procedure. The plaintiff is the duly elected and qualified recorder of the city of Fresno, which is a city of the fifth class under the laws of the state.

During the months of April, May, June, July, August, and September, 1889, he “ collected fines in his court from parties convicted therein of violations of various provisions of the Penal Code of the state of California, as distinguished from violations of the ordinances of the city of Fresno, to the amount of $646.90.” He presented to the city his bill for fees claimed to be due him, earned during that time, in substance, as follows: For fees in cases where fines were collected for violations of the Penal Code of the state, $175. For fees in cases where fines were not collected for violations of the Penal Code, $319.25. Total fees claimed, $494.25. The city refused to allow the bill in whole or in part.

The county came in as an intervenor, claiming to be interested in the suit, and it is set out in the agreed facts that “if it be determined that the city is not liable to the recorder for said fees, then the county is liable,…