Hicks

Appeal from a judgment granting a writ of mandate.

The board of supervisors of San Diego County passed an order providing for the working of prisoners thereafter committed to the jail of said county under judgment of conviction of a misdemeanor, under the direction of a responsible person, upon public roads and other places mentioned in the order, and appointing respondent overseer of such prisoners, with authority to receive them from and return them to the sheriff, and making him their “ legal custodian ” while at work, and going and returning therefrom.

After respondent was appointed, he demanded of the sheriff that he deliver to him such prisoners as were required by the order to perform such labor, for the purpose required by the order, but appellant refused to do so.

An alternative writ of mandamus was granted and duly served, and appellant appeared and demurred to the petition. The demurrer was- overruled, and appellant electing to stand on his demurrer, a peremptory writ was granted.

Appellant’s contention is, that the sheriff is the only legal and proper custodian of prisoners confined in the county jail, and cites section 4176, subdivision 6, of the Political Code,…