Clarke

This appeal is from the judgment of the Superior Court refusing a writ of mandate, entered on sustaining a demurrer to the petition.

From this petition, or complaint, it appears that plaintiff, as administrator of one Joseph Maguire, sought to compel the board to pay one thousand dollars out of the funds as insurance upon the life of said Maguire. Maguire became a member of the police department of San Francisco on the tenth .day of February, 1889, and continued to be a member until the tenth of November, 1895, when he died.

The claim is made under the provisions of an act of the legislature, passed April 1, 1878 (Stat. 1877-78, page 879), which *25 made provision for a police life and health insurance fund, and which also provided that upon the death of any member of the police force after the first day of June, 1878, there should be paid from such fund to his legal representatives one thousand dollars.

On the fourth day of March, 1889, the legislature passed another act, entitled an act to create a police relief, health, and life insurance and pension fund in the several counties, cities, and towns in this state. By section 13 of that act it was provided that any such fund as…