Fatjo

Plaintiffs are the executors of the will of Mariano Malarin, deceased, and the defendant is the clerk of the superior court of Santa Clara county.

On June 18, 1895, said executors presented to said clerk the inventory and appraisement of the estate of said decedent and requested him to file the same, and tendered as fees for said and other services rendered prior thereto the sum of twenty dollars. The value of said estate, as shown by said inventory and appraisement, is two hundred and forty-three thousand five hundred and four dollars and seventy cents; and the clerk demanded as fees for said filing two hundred and forty dollars, and refused to file said inventory and appraisement unless said sum should be paid.

Plaintiffs thereupon petitioned said superior court for a writ of mandate requiring said clerk to file said inventory and appraisement; the clerk answered said petition, and, upon the hearing, the court denied the prayer of the petitioners, and from that judgment they appeal.

The only question involved in the case is the constitutionality of the act of March 28, 1895, entitled “An act to establish the fees of county, township, and other officers, and of jurors and…