County of Santa Clara v. Branham

Belcher, C. C. The defendant, B. F. Branham, was sheriff of Santa Clara County from January 5, 1885, to December 1, 1886, and during that time received from the state the sum of $704 for transporting prisoners to the state prisons, and insane persons to the insane asylums. The money was allowed by the state board of examiners for the time necessarily consumed by defendant in delivering the prisoners and insane persons, at the rate of five dollars per day. It was claimed for the plaintiff that it was the duty of defendant to pay the money into the county treasury, but he declined to so pay it, claiming that he was entitled to retain it for his own use. This action was then brought to recover the sum named. In the court below judgment was entered for plaintiff, and defendant appealed.

Public officers are entitled to receive and retain for their services only such compensation as is allowed them by statute. Whether, therefore, the plaintiff or defendant was entitled to the money in controversy, must be determined by an examination of the statutes bearing on the question.

In 1883 an act was passed by the legislature “to establish a uniform system of county and township'governments.” (Stats. 1883, p. 299.) Under that act, the sheriff in a county of the third class—and Santa Clara was of that class—was entitled to receive a salary of $9,520 per annum, and, “as additional compensation, the mileage collected by him in criminal cases, where the same is not a charge against his own county.” By section 164 of the act, it was declared that “the salaries and fees provided for in this act shall be in full compensation for all services, of every kind and description, [594]rendered by the officers therein named, their deputies and assistants provided, however, that sheriffs should be allowed certain expenses, and among them, “all expenses necessarily incurred in conveying prisoners to and from the state prison, and insane persons to and from the insane asylum, which shall be allowed by the board of examiners and collected from the state.” By section 165, it was declared that “all salaried officers of the several counties of this state shall charge and collect, for the use of their respective counties, and pay into the county treasury on the first Monday in each month, the fees now or hereafter allowed by law in all cases, except the percentage hereinbefore allowed such officers, and excepting also such fees as are a charge against the county.” Section 166 required each of the officers authorized to receive fees under the provisions of the act to keep a fee-book, “ in which must be entered at once and in detail all fees or compensation, of whatever nature, kind, or description, collected or chargeable,” and on the first Monday of each month to add up each column in the book and set down the totals. And by section 167 it was provided that the payment into the county treasury must be accompanied by a statement of the aggregate shown by the fee-book, and an affidavit of the officer that the fee-book “ contains a true statement in detail of all fees and compensation, of every kind and nature, for official services rendered by me, my deputies and assistants,” etc.