Valentine

Appellant seeks a declaration that his status as deputy constable of a justice court at the time it was superseded by a municipal court entitles him to the position of deputy marshal in the superseding court. We believe that appellant’s claim is sustained by the California Constitution and the provisions of the Government Code which blanket into such municipal court the personnel of the superseded court.

In April 1955, the constable of the San Pablo Judicial District’s Justice Court employed appellant to serve jury summonses and civil processes. Monies collected from such service were credited to the constable’s trustee account. Prom this account the constable paid appellant; appellant’s compensation was computed from the identical schedule for service of process and mileage fees which the constable used to compute the amounts he was entitled to deposit in his account. On April 2, 1956, the constable appointed appellant a deputy constable and, the next day, filed the written certificate signifying this appointment with the county clerk. Appellant continued working under the same arrangement as before that date, including the method by which he was compensated.

On September 13,…