Hilton v. Curry

Citations

• 124 Cal. 84
• 56 P. 784
• 1899 Cal. LEXIS 945

Syllabus

<p>Fees of Jurors in San Francisco—Charge upon Public Treasury—Certificate of Clerk—Mandamus.—There is no statutory provision making the fees of trial jurors in San Francisco a charge upon the public treasury, or directing the clerk to issue a certificate stating the attendance oif the jurors, and the amount payable to each; and mandamus will not lie to compel the issuance of such a certificate by the clerk. The writ of mandate only issues to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station.</p> <p>Id.—Unauthorized Certificate—Evidence.—A certificate of ti e county clerk, not authorized by statute, can have no legal effect, and would be hut the mere declaration of a fact which is capable of being shown by other competent evidence.</p> <p>Id.—Right of Juror to Compensation Statutory.—The right to compensation for service of a juror is purely statutory, and, in the absence of any provision upon the subject, the juror cannot claim any compensation for his services; and he can only claim such an amount and mode of payment therefor as is prescribed by statute.</p> <p>Id.—Statutes Regulating Juror’s Fees — Mode of Payment—Provisions Applicable to San Francisco—Repeal.—The Act of 1870, as amended in 1872, providing for a certificate by the county clerk, and the exception of San Francisco therefrom, and the act of 1866, providing the mode in which jurors shall be paid in San Francisco, were not repealed by the act of 1895 establishing the fees of jurors throughout the state, so far as respects the mode of the payment of jurors, though the latter act controls all previous acts as to the amount of fees allowed in all of the counties of the state, including San Francisco.</p> <p>Id.—Repeals by Implication not Favored.—Repeals by implication are not favored in the law, and whenever there are two statutes upon the same subject, courts will endeavor to harmonize them so that, if possible, effect may be given to