McDonald

delivered the opinion of the Court.

This was an application to the Court below for a mandamus to compel the defendant, in his capacity of County Treasurer of Sacramento County, to pay certain warrants drawn on the treasury of said county.

The defendant admits that he has moneys in his hands sufficient to pay said warrants, but contends that they should be applied to the payment of the debts of the fiscal year of 1853 and 1854, and not to the payment of debts previously contracted.

The question, whether the funds in the hands of the County Treasurer are liable for the payment of all outstand *353 ing indebtedness of tbe county, or only for those contracted during a particular period, must depend on an exam- . ination of tbe *legislation upon this subject, and [353] tbe probable result proposed to be attained.

Up to tbe year 1853, tbe revenue of Sacramento County was inadequate to meet its expenses, so that it became necessary to apply to tbe Legislature for relief against the accruing indebtedness.

In that year an Act was passed authorizing tbe county to fund its floating debt, and to levy a special tax for tbe gradual extinguishment thereof.

Tbe first section of tbe Bevenue…