Ballard

This is an application by the county of Modoc for a writ of mandate to compel the respondent, as auditor of said county, to attest certain bonds of the county amounting to four hundred thousand dollars. His refusal to attest the bonds is for the alleged reason that the election, at which the issue of the bonds were authorized, was not called in conformity to the provisions of section 7 of the act of the legislature of March 19, 1907, and acts amendatory thereof, commonly called the County Highway Commission Act. (Peering’s General Laws of California, 1915 ed., p. 516.)

The specific ground of his refusal to attest the bonds is set forth in a notice to the board of supervisors of said county, in which he alleges that the notice of election was defective in that it “did not describe the highways to be constructed and repaired with the proceeds of such bonds, as required by section 7 of said statute; but on the contrary, said notice merely referred to such highways of the county, as embodied in the report and delineated on the map prepared by the County Highway Commission, which said report and map have been accepted and approved by the said board of supervisors on the twenty-sixth…