Sehorn

The plaintiff presented to the board of supervisors of the county of Glenn a claim for sixty dollars, properly itemized and verified, for services rem dered by him under a contract with the county for carrying meals to the county jail, and the same was allowed by the board at its session May 10, 1893, and ordered paid out of the common fund, and the auditor was directed to draw his warrant for said sum in favor of the plaintiff. Upon a demand by the plaintiff for said warrant, the defendant, who was the auditor of the county, refused to draw the same, and thereupon the plaintiff instituted this proceeding for a mandate compelling him to draw the warrant.

Section 113 of the County Government Act (Stats. 1891, p. 322) provides: “ The auditor must draw warrants on the county treasurer in favor of all persons entitled thereto, in payment of all claims and demands chargeable against the county, which have been legally examined, allowed, and ordered paid by the board of supervisors; provided, however, that the auditor must not draw a warrant on the county treasurer in favor of any person until said auditor shall have received from ¡the clerk of the board of supervisors the certified…