Witt

delivered each an opinion.

This case comes before us on an appeal from an order of the District Court of the Fourth Judicial District, denying a motion to dissolve an injunction issued out of that Court, restraining the defendants from completing an alleged *295 contemplated purchase of certain property for the use of the county of San Francisco; and the principal question involved in the controversy is, whether the board of supervisors of said county are invested by law, with power to purchase for the county such real estate as the complaint in the original action alleges they are about to purchase, and which the order of the Court below restrains them from doing ?

The appellants claim to derive such power from a law passed April 29th, 1851, entitled “An act to create a board of supervisors for the county of San Francisco, and define their duties,” and from a law passed May 2d, 1852, entitled “An act to create a board of supervisors for the counties of this State, and to define their duties and powers.”

The first mentioned act provided that “ there shall be within and for the county of San Francisco, a board of supervisors, to consist of the mayor and board of aldermen of the…