Foss

This is a controversy without action in the form of a petition for a writ of mandate submitted upon an agreed statement of facts under the provisions of sections 1138 and 1140 of the Code of Civil Procedure.

In accordance with the terms of the Public Moneys Deposit Act of 1927 (Stats. 1927, p. 1389) the respondent Foss, as county treasurer of the county of Alameda, duly deposited with the petitioner herein as an inactive deposit the sum of $200,000 belonging to or in the custody of the county of Alameda, taking as security therefor certain treasury notes or bonds of the United States and of the state of California. Thereafter said respondent notified petitioner that the security so deposited was inadequate and requested petitioner to deposit additional security of the value of $1,000. Petitioner tendered to said respondent, as such additional security, a valid and outstanding bond of the Acquisition and Improvement District No. 28 of the county of Los Angeles which had been duly issued under the provisions of the act of May 23, 1925. (Stats. 1925, p. 849.) Said respondent accepted said bond as sufficient security for the purposes, subject, however, to the approval of the district…