Gunn

Action in quo warranta involving the office of auditor of the county of Napa. The board of supervisors of said county, on January 5, 1885, duly passed ordinance No. 9, section 1 of which was as follows:

“Section 1. The duties of the offices of auditor and recorder of Napa county are hereby consolidated, and the person elected to fill such offices must discharge all the duties pertaining to both such offices.”

The court found that ordinance No. 9 “is still in full force and effect, except in the particulars hereinafter stated.” It is then found that, on November 10, 1915, the said board duly passed ordinance No. 91, as follows:

“Section 1. It appearing to this hoard that the public interest will be best subserved thereby, this board does hereby elect to separate the duties of the office of auditor from the duties of the office of recorder, heretofore consolidated, without reconsolidation.

. “Section 2. This board having .elected to separate the duties of said offices, heretofore consolidated, without reconsolidation, the duties of the office of auditor and the duties of the office of recorder shall hereafter be performed by a separate person.

“Section 3. The incumbent, in the…