Green

This case was submitted to the trial court upon an agreed statement of facts substantially as follows: —

In May, 1891, the plaintiff presented to the board of supervisors of the county of Fresno, in due form, his *330 claim for official services as constable of township No. 1, rendered in criminal cases, and for money expended during the month of March of that year, amounting to $412.40. His claim was allowed for all items of money expended, amounting to $32.80, and for $125 for services, but was rejected as to the balance of $254.60, claimed for services.

In April, 1891, 0. W. Fraser, as constable of township No. 3 of that county, duly presented to the board of supervisors his claim for $332.90, for official services in criminal cases, rendered during the same month (March, 1891), which was allowed for $125, but rejected for the balance of $207.90.

The fees charged for services in each case were such as are allowed by law.

Neither plaintiff nor Fraser accepted the sum allowed him. Fraser assigned his entire claim to plaintiff, who, upon the stipulated facts, seeks to recover the full amount of both claims.

Prior to March 31, 1891, Fresno County was a county of the…