County of San Diego v. Bryan

Justice op the Peace—Salary in Full Compensation—Fees fob Solemnization of Marriages—Duty of Payment into County Treasury.—A justice of the peace of a township in a county of the ninth class, which has a population of sixteen thousand or more, and who, under subdivision 15 of section 4238 of the County Goveinment Act, is entitled to a salary of $150 per month in full of all compensation in both civil and criminal cases, and which, under sections 4290 and 4292 of that act, is in full compensation for services of every kind and description, is not entitled to retain fees paid to him for the solemnization of marriages not expressly authorized to be retained by law, but is in duty bound to pay the same into the county treasury.

Id.—Express Authority op Law to Retain Fees Essential—Rule op Strict Construction.—In order that any fees allowed by law may be retained, and not paid over into the county treasury, such retention must be expressly authorized by law; and where the enactment in regard thereto admits of two constructions, the rule of strict construction against the claimant and in favor of the county government is applicable.

Id.—Error in Denying Writ op Mandate.—It is held that the superior court erred in denying a peremptory writ of mandate to compel the justice of the peace to perform his duty to pay such fees into the county treasury, and that the judgment must be reversed, with directions to issue such peremptory writ.