Westerfield

This action was brought to recover certain sums of money alleged to be due and owing from the defendant to the plaintiff for services rendered in criminal cases by himself and others, as constables and justices of the peace, the claims of the others having been duly assigned to him. It appears that a claim for each of the sums sought to be recovered had "been regularly and in proper form presented to the board of supervisors of the county for allowance, and had been passed upon and rejected by the board for the sole reason that the district attorney had not, in writing, approved the issuance of the warrants of arrest referred to in the claim, and under which the services were rendered. The ease was tried by the court without a jury, and judgment rendered in favor of the plaintiff, from which the defendant appeals on the judgment-roll.

*856 In 1895 an act was passed by the legislature, entitled “An act to establish the fees of county, township and other officers, and of jurors and witnesses in this state”: Stats. 1895, p. 267. The act established the fees which justices of the peace and constables might collect in civil and criminal cases, and provided “that the board of…