Leonard

Mr. Chief Justice Murray concurring :

After a careful consideration of the argument and authorities submitted by counsel on the re-hearing of this cause, we see no reason to doubt the correctness of the opinion heretofore delivered.

It is contended by counsel for respondents, that the commissioners of the funded debt constituted a public Board for public purposes, and therefore the act of a majority is valid and binding, as the act of the board. The authorities all agree that although a majority of public commissioners may control, yet it is necessary that all should meet and consult, or have notice of the time and place of meeting, that they may attend if they desire to do so.

*126 It appears that on the 15th of May, 1851, the commissioners met and passed a resolution, to the effect that they would sell or lease at auction, all the real property of the city which should come into their hands; no time, place or terms of sale were agreed on, nor was it determined what number of lots should be sold. It does not appear that anything was done under that resolution.

In July, 1852, three members of the board met and resolved to sell the lot in controversy, with others, specifying…

and Mr. Justice Heydenfeldt concurring.

This was an action of ejectment for a lot in San Francisco. The right of the plaintiff to recover, depends on the validity of a certain deed signed by P. A. Morse, Wrn. Hooper and Beverly Q. Sanders, styling themselves, Acting Commissioners of the funded debt of the city of San Francisco, conveying the lot in controversy to the grantor of plaintiff.

By the Act authorizing the funding of the floating debt of the city of San Francisco, passed May 1st, 1851, five persons named in said Act are constituted Commissioners, and power is given to them and *125 their successors, to be appointed as provided in the Act, to receive from the Commissioners of the Sinking Fund, appointed by the Common Council of said city, a conveyance of all the the property of said city, and to sell or lease the property so conveyed, and apply the proceeds to liquidate the debt of said city.

There is no provision of said Act, authorizing a majority, or a less number than the whole of said commissioners, to sell or convey any portion of the property. It is contended by counsel for plaintiff, that the commissioners of the funded debt are public officers, appointed for a…