Taylor

Heydenfeldt, J., concurred.

The ninth section of the Act to fund the debt of the County of' Yolo, after having provided for funding the indebtedness existing prior to the 1st of January, 1853, and for paying the interest on the same by a special tax levied for that purpose, provides that it shall be the duty of the Treasurer to set aside a Sinking Fund, into which shall be paid “ First—any and all surplus of the interest fund aforesaid; Second —whatever surplus may remain in the treasury of the County of Yolo, on the first day of March, 1854, and on the first day of March every year thereafter, after paying the ordinary yearly expenses of the county, until said Sinking- Fund shall be sufficient to pay the principal and interest of the debt so funded.”

The plaintiff in this suit is the owner and holder of “ two warrants,” drawn on the 11th of January, 1854, not fundable under the Act, and which were regularly presented, and registered “ Not paid for want of funds,” according to the provisions of the Act concerning County Treasurers, passed March 22d, 1850.

*333 It is admitted that the warrants in dispute are the oldest outstanding registered warrants on the county, and that…