Fox v. Lindley

Citations

• 57 Cal. 650

Syllabus

<p>Short-hand Reporter—Fees—Construction of Statute—County Treasurer.—Section 869 of the Penal Code, as amended March 3rd, 1881, provides that a committing magistrate may order the testimony and proceedings to be taken down in short-hand in all examinations of persons accused of crime, and for that purpose may appoint a short-hand reporter. And § 2 of the amending act provides that the reporter’s fees shall be paid out of the treasury of the county, or the city and county, on the certificate of the committing magistrate; but there is no provision fixing the reporter’s fees, or authorizing the magistrate to fix them. In a. proceeding by a reporter employed by a magistrate under this provision to compel the county treasurer to pay the petitioner his fees as certified by the magistrate, held, that in the absence of any law prescribing the fees which the plaintiff was entitled to charge for liis services, the certificate of the magistrate that services were rendered did not constitute a demand upon the county treasury which the treasurer was bound to pay.</p>