In Re Nicholls

CASHIN, J.

Petitioner was convicted in the police court of the city and county of San Francisco of a misdemeanor, as a punishment was sentenced to pay a fine, and in default of such payment to be imprisoned. Having been committed pursuant to the judgment he has applied for a writ of

habeas corpus.

The complaint in the action, which was prosecuted in the name of the People of the State of California, charged a violation of an ordinance of the city and county known as the “Plumbing Law,” making it a misdemeanor for any person to install or to alter the plumbing in any new or old building or in any premises therein without first obtaining a permit from the board of health of the city and county, the complaint alleging that petitioner installed and changed certain sewer-pipe on premises, described therein by reference to a street and number in that city and county, without first obtaining a permit as provided by the ordinance mentioned.

It is contended by petitioner that the city and county of San Francisco having adopted, under the provisions of section 8 of article XI of the constitution of the state of California, a charter for its own government, any prosecution for a violation of its ordinances can be maintained only in the name of the municipality and not in the name of the People of the State of California.

. A violation of the ordinance in question being made an offense punishable by both fine and imprisonment, petitioner’s contention is met not only by the provisions of such charter (secs. 2 and 3, c. 8, art. V) giving to the police court exclusive jurisdiction of all prosecutions for the viola-lion of ordinances, and requiring that the proceedings in that court shall be conducted in accordance with state laws

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regulating proceedings in justices’ and police courts, but by the constitutional and statutory requirement that criminal actions shall be prosecuted in the name of the People of the state (art. VI, sec. 20, Const. of Cal.; sec. 684, Pen. Code;

In the Matter of Clark,

24 Cal. App. 389 [141 Pac. 831];

Santa Barbara