Farnum

This a proceeding by writ of mandate to compel the-defendant, as treasurer of San Luis Obispo county, to pay an auditor’s warrant in favor of plaintiff for fifty dollars, alleged to be her salary as clerk of the auditor of said county for the month of July, 1893.

The court sustained a general demurrer to the petition, and-dismissed the proceeding; and whether or not the court erred in sustaining the demurrer is the only question involved in this appeal.

C. A. Farnum was elected auditor of said county in November, 1892, and on January 10, 1893, after having qualified and entered upon the duties of that office, appointed and employed the plaintiff as his official clerk, at a salary of fifty dollars per month, which salary was paid by the treasurer, upon warrants of the auditor, for *678 the first five months after her appointment; hut payment of her warrant for July, 1893, was refused.

Section 182 of the County Government Act, as re-enacted March 31, 1891, provides: “In counties of the twentieth class the officers shall receive, as compensation for the services required of them by law or by virtue of their office, or .as ex officio officers, the following salaries, to wit: 1.…