Adams v. City & County of San Francisco

By the Court, Rhodes, J.: By section 19, Political Code, “All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts,” are continued in force. The act of May 17, 1861, entitled “ An act to fix and regulate the fees and salaries of officers in the city and county of San Francisco” (Stats. 1861, 554), which provides, among other things, for the salary of the sheriff, is amendatory of and supplemental to the “ Consolidation Act” of April 19, 1856 (Stats. 1856, 145), and is continued in force by the above provision of section 19 of the Political Code. It is declared by section 4331, Political Code, that the statutes “relating to the compensation, salaries and fees of county or township officers” continue in force, except so far as affected by or inconsistent with the chapter of which that section forms a part. The first section of the act of May 17, 1861, provides that salaries shall be allowed and paid to certain officers (among whom is the sheriff), “ and shall be in full compensation for all official services required of them by law.”

It is provided by the second section that “the several officers named in this act, who are entitled to charge and collect or receive any fees, commissions, percentages, or other compensation, of whatever nature or kind, allowed by law for services rendered by them or their deputies, in their several official capacities, or for the performance of duties appertaining to said offices, shall collect and safely keep the same, and on each Monday they shall pay the total amount by them received to the treasurer of said city and county, who shall set apart the same as a Special Fee Fund, for the payment of the respective salaries of the several officers entitled to charge and collect fees, commissions or other compensation.” It results from the foregoing statutory provisions that the law providing for the payment of salary to the [119]sheriff of the city and county of San Francisco remains in force; and that it is his duty, as such sheriff, to pay to the treasurer the amount of the “fees, commissions, percentages or other compensation” received by him for services rendered in his official capacity.

The sheriffs of the several counties are required by law to deliver at the State Prison all persons against whom judgment of imprisonment in the State Prison is rendered in their respective counties. This duty is an official duty—a duty appertaining to the office of sheriff; and it is none the less an official duty because some portion of it may be performed without the limits of his county.