Priet

This is an application for a writ of mandate to compel the defendant, as treasurer of the .city and county of San Francisco, to pay a warrant for damages, under the act of the legislature for widening of Dupont Street.

That act (Stats. 1875-76, p. 439) provided for the sale of bonds, and that the proceeds should be held to pay expenses and damages awarded to property-holders.

In case of a dispute as to whom the damages should be paid, the commissioners were to place a warrant for the amount in the hands of the clerk, and the claimants could sue the treasurer, joining other claimants; and the treasurer was to pay in accordance with the determination.

Among the awards was that mentioned in the complaint, for $10,932, the warrant for which was deposited with the county clerk because the claimants could not agree.

Judgment was entered in a suit to determine the rights of the claimants in 1883.

Section 9 of the act provides for the payment of the money realized from the sale of the bonds to the treasurer, to be devoted to paying expenses and damages; the fund to be called the “ Dupont Street fund.”

Section 13 provides for the levying of a tax, and that “when collected the said…