Broughton v. County of Santa Barbara

The Court.

The action is brought by the sheriff to recover $321.30, as “mileage” for traveling “to serve warrant of arrest” on one charged with felony. Plaintiff relies upon the provision of the statute, which reads as follows: —

“For every mile necessarily traveled, in going only, in executing any warrant of arrest, subpoena or venire, bringing up a prisoner on habeas corpus, taking prisoners before a magistrate or to prison, or for mileage in any criminal case or proceeding, provided, that in serving a subpoena or venire when two or more jurors or witnesses live in the same direction, but one…