HESLEP

delivered the opinion of the Court, with "which Anderson, Justice, concurred.

The facts in this case are as follows. Hardin Bigelow, Mayor of Sacramento City, was severely wounded while endeavouring in his official capacity to quell certain public disturbances.

The Common Council of the city, on the 25th of November, 1850, passed the following Resolution. “Resolved, that in consideration of the expenses incurred by his Honour the Mayor, the Honourable Hardin Bigelow during his recent illness, consequent upon the injuries he received during the recent difficulties, and as a testimony of our high appreciation of the manner in which he has discharged his duties as Chief Magistrate of this city, an appropriation of ten thousand dollars be made by this board in his favour, and the President' of the Council be authorized to issue his warrants upon the treasury for the same in such sums as his Honour may desire.”

Bigelow died on the same day the Resolution was passed, and did not formerly accept the appropriation. On the 29th of the same month, the Resolution was rescinded.

An appropriation of five thousand dollars a year had previously been made as salary for the Mayor, which had…