By section four thousand three hundred and thirty of the Political Code, the annual salaries of District Attorneys in all the counties of the State were fixed, and no reference is therein made to the matter of fees. This is the only section of the Political Code concerning fees and salaries which takes effect before January 1st, 1873. Section eighteen of the Political Code, now in force, provides that " No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject, but in all cases provided for by this Code, all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed and abrogated. " This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private statute " not expressly repealed." Respondent contends, that by section four thousand three hundred and thirty of the Political Code, the Act of 1869-70, before cited, was repealed, so far as the salaries and fees of District Attorneys were thereby determined, it being upon the same subject, and that therefore those officers are now only entitled to the salaries fixed by that section. This view seems to be sustained by the fact that the salary of the District Attorney of San Joaquin County was increased by this section from fifteen hundred to twenty-five hundred dollars, thus showing that the intention of the Legislature was to cut off the fees and increase the salary, so as to thereby afford that officer full compensation.
OPINION By the Court:
We are of the opinion that section four thousand three hundred and thirty of the Political Code as amended by the Act of March 28th, 1872 (Stats. 1871-2, p. 653), was intended to regulate the salaries of District Attorneys as contradistinguished from fees, to which they were entitled under existing laws, and was not intended and did not have the effect to repeal prior statutes, allowing fees in addition to salaries.
Peremptory mandate as prayed for ordered in each case.