Hereford

Hereford v. Sacramento County

Good Law
1 Cal. Dist. Ct. 201
California District CourtSeptember 15, 1857California428 words

Opinion

Lead Opinion

Botts, J.

This case is enfamttecl upon aa agreed statement of fasts, from which it appears that the plaintiff claims of the defendant fee otto of two thousand on© hundred dollars, for on© hundred and forty convictions for misdemeanor, prosecuted in the Recorder's Court of the elty of Sacramento, upon which execution has issued against the eon *202 victs with, return of nulla Iona. These convictions were had between the 9th of October, 1855, and the 21st of March, 1855.

The plaintiff, who it is admitted was, and is, the District Attorney for. the county of Sacramento, claims that he is entitled to a fee of fifteen dollars upon each of these convictions, and alleges that such fees are made by law, a county charge. Upon him devolves the burden of establishing his claim.

I have examined carefully the statutes supposed to sustain the plaintiff’s demand against the county, without being able to find in them any thing to support the charge.

Part VII, of the “ Act to regulate proceedings in criminal cases," (see Comp. Laws, p. 7,) fixes the fees of Peace Officers, Sheriffs, Jurors, Justices, and District Attorneys. Section 694, makes all these fees, except those of District Attorneys, which seem…

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