Breen

— The question involved on this appeal is the right of a constable in Merced County to charge mileage for the *246 distance traveled for the purpose of arresting a prisoner, and also for conveying him to jail after his arrest.

The question was decided in the affirmative in Allen v. Napa Co., 82 Cal. 187 , following the decision in Cunningham v. San Joaquin Co., 49 Cal. 323 . It is contended, however, that by subdivision 14, section 201 of the County Government Act of 1889 (Stat. 1889, p. 297), a different rule of compensation has been prescribed. Under that section constables in counties of the thirty-ninth class (which embraces Merced County) are authorized to receive “ such fees as are now or may hereafter be allowed by law, except that the constable’s mileage shall not exceed twenty-five cents for each mile traveled, in going only, in the discharge of the duties of his office.” It is contended that under this provision a constable is entitled to receive mileage for “going only” for the purpose of making the arrest, and not for afterwards conveying him to jail. "We are of opinion, however, that the legislature intended by this section to change only the rate of mileage and not…