The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1891-01-29

FOR appellant, Gage Roberts.
For respondent, w. A. Arthur.
DEPARTMENT TWO.
]. n. MUNDELL,
THE CITY OF PASADENA,
Respondent.
BY THE COURT.
This is an action to recover for services rem
dered by the PLAINTIFFS City Marshal of the
defendant A general demurrer to the COM
plaintiff declined to amend, and thereupon
the court gave judgment that he take nothing.
From that Judgment he appeals.
The facts stated in the complaint are
substance follows: In April, 1856,
and again in 1888, the plaintiff was
duly elected City Marshal Of the city OF
Pasadena, municipal corporation of the
sixth class. Each term of office was two
years, and after each election heduly qualified
end entered upon the discharge of his official
duties. His compensation for both terms was
fixed by the Board of Trustees OF the city at
$500 per year, and was paid. Between the
31st day of July, 1856, and the 3oth day OF
April, 1858, he rendered services to the
defendant corporation, in arresting offenders,
and summoning witnesses and Jurors, by
virtue of warrants OF arrest, subpenas and
venires duly and regularly issued out of the
Recorders court of the city, and for these
services the defendant became and is indebted
to him in the sum of $500 So. Again, be
tween the 1st day of May, 1888, and the 22d
day OF March, 1889, he rendered other like
services for which the defendant became and
Is indebted to him in the sum of S31S %.
Before commencing his action, he demanded
OF defendant payment of both sums, but the
defendant refused and still refuses TO pay the
same or any part thereof.
The act of the Legislature, entitled San act
to provide for the organization, incorporation
and government of municipal corporations, -
approved March 13, 1883, tStats. 1883, p.
S3) provides, in the chapter relating to "Mu-
nicipal corporations of the sixth Glass; (Sec.
$3.50 that the Clerk, Treasurer, Marshal and
Recorder shall severally receive, at stated
l..f
nance by the Board of Trustees which COM
pensation shall not be increased or diminished
after their election, or during their several
terms of office" And Section $50 of the same
chapter provides what duties the Marshal
Shall be required to perform. Among other
things, it says: HE Shall and is hereby au-
issued and directed to him by any legal au-
thority He shall, for service
ofany process, receive the same fees as Con-
proval of the Board of Trustees, one or more
deputies, for whose acts ne and his bondsmen
shall be responsible, whose only compensation
Shall be fees for the service of process, which
shall be the same as those allowed to the
Marshal"
In Pritchett VS.. Stanislaus County (73 Cal.
310) the plaintiff was Marshal of the city of
Modesto, city of the sixth class, in the
county of Stanslaus. He brought his action
against the county to recover for services rem
dered by him in the execution of process, such
as warrants of arrest and subpenas, issued out
ola Justices Court of the county in criminal
cases. A demurrer to the complaint was in
terpoSed and sustained. 1t was said by this
Court, referring to the provisions of the stat
ute above quoted: ',The compensation fixed
by the Board of Trustees under Section S55 is
10 be for all duties imposed on the marshal by
the Act. These duties are set forth in Section
$50 Stats. 1888, p. 277) and include the
duty to execute and return all process issued
and directed to him by any legal authority,
and by the same section, for the service OF any
process he is TO receive the same fees as Con-
stables" And again: SIT does not appear that
II M.
has passed any ordinance fixing the compen
sation of the Marshal, but we presume it has
If II has passed such ordinance, the Marshal
Is only entitled to the compensation so liked
If no such ordinance has been passed by it
then the Marshal can recover nothing" II
was held that the demurrer was properly sus
tanned and the judgment was affirmed.
That case is directly in point here, and upon
its authority it must be held that the de
murrer in this case was properly sustained
and the Judgment must be afnrmed. So or
lered.