McCudden

Defendant was a member of the board of supervisors of Solano County, and ex officio commissioner of a certain road district. At various times from December 5, 1893, to September 2, 1895, inclusive, he presented to said board, of which he was a member as stated, claims against the county for services performed by him as road commissioner; such claims were allowed by the board and were paid out of the county treasury. They were not presented to the district attorney of the county, and none of them bore his indorsement of approval or rejection. This is an action by the county to recover the amount of the several payments made as aforesaid. The services for which defendant was paid were actually rendered, and there is no charge of bad faith against him. Plaintiff had judgment.

It is provided in section 51 of the County Government Act of 1893 (Stats. 1893, p. 365) that all claims against the county presented by members of the board of supervisors for any service *650 rendered by them must, before allowance, be presented to the district attorney, “'who must indorse thereon in writing his opinion as to the legality thereof; if he declare the claim illegal, he must state specifically…