Nelson v. Breen

Citations

• 98 Cal. 245
• 33 P. 85
• 1893 Cal. LEXIS 898

Syllabus

<p>County Government Act—Mileage of Constables—Conveying Prisoner to Jail—Counties of Thirty-ninth Class.—Constables in counties of the thirty-ninth class are entitled under the County Government Act to charge mileage for the distance traveled in conveying a prisoner to jail after he has been arrested, as well as mileage for the distance traveled for the purpose of making the arrest.</p> <p>Id.—Construction of Statutes.—Subdivision 14, section 201 of the County Government Act of 1889 (Stats. 1889, p. 297), which provides that constables in counties of the thirty-ninth class are authorized to receive “ such fees as are now or may hereafter be allowed by law, except that the constable’s mileage shall not exceed twenty-five cents for each mile traveled, in going only, in the discharge of the duties of his office,” was intended merely to change the rate of mileage and not the subjects for which it should be received, as provided in the previous act of 1869-70, page 148.</p>