Sewell v. Placer County

Citations

• 42 Cal. 650

Syllabus

<p>Salary of County Clerk of Placer County.—The Act of February 25th, 1858, concerning the office of County Clerk of Placer County (Stats. 1858, p. 29), does not limit the salary of the Clerk to the amount of fees received by him; and if the fees collected for any one month do not amount to the salary to which he is entitled, he can recover the difference from the county.</p> <p>■ Statute Requiring Officers to Pay oyer Pees, Less Salary.— Where a statute concerning the office and fixing the salary of a County Clerk provided that he should collect all official fees, and at the first of every month pay the same over to the County Treasurer, “less his salary for the next preceding month;” and the fees for several months being less than the salary, it was claimed that the salary was only payable out of the collected fees; held, that he was entitled to his full annual salary, and that there was no legislative intention to limit the. salary to the amount of fees received.</p>