Rauer

This action is to compel the defendant, Williams, as clerk of the justice’s court of the city and county of San Francisco, to accept fees tendered to him by plaintiff, who was about to commence an action in said justice’s court. Defendant refused to accept the fees, and plaintiff proceeded with his action in mandate to compel him to do so. To the complaint in mandate the defendant made answer, basing and justifying his refusal upon an act of the legislature passed in 1893. The validity or invalidity of this act is the sole question presented on this appeal.

In 1893 the legislature passed an act entitled, "An act to provide and regulate the manner of receiving and paying fees, com *403 missions, percentages, and other compensation for official services in cities and cities and counties having a population of over one hundred thousand inhabitants, and prescribing the duties of officers with reference thereto.” (Stats. 1893, p. 127.)

The refusal of the justice’s court clerk to accept the fee was based upon the terms of this act, which provides a new scheme for the collection of fees and commissions. By its provisions the various officers no longer collect and receive the fees, but…