Paxson

The petitioner, Paxson, is treasurer, and ex officio one of the fund commissioners' of the city and county of San Francisco, under the act of 1855. He asks for a peremptory mandate to require the respondent, who is auditor of said city and county, to audit and allow a claim for salary, as one of said fund commissioners under said act, which provides that the said commissioners shall receive twelve hundred dollars each per annum for their services as such funding commissioners.

Whatever the rights of the petitioner might have been under this act, had not the Consolidation Act been subsequently passed, we do not see how he can be entitled to the writ sought, in view of the provisions of the eleventh, eighty-second and eighty-fourth sections of that act. The eighty-second section provides in express terms that: “No payment can be made from the treasury, or out of the public funds of said city and county unless the same be specifically authorized by this act.” It is not pretended, as we understand counsel, that the salary claimed is “specifically authorized” to be paid “from the treasury, or the public funds of the city and county,” by any provisions in “this act.” Sundry moneys…