The   treasurer   will,  on   or   before   the
1st  day  of  February  next,  pay  to  the  order
of  E.  Sims,  fifty  dollars,  out  of  any  funds
belonging   to   the   city  not  before   sp

•iated,  the  same  having  been  this
day  allowed  for  dredging,  and  chargeable
to  the  general  city  fund.
H.  L.  Pace,  Mayor.
R.  R.  Lynch,  Clerk.
It  was  held  that  the  defendant  incurred
the  responsibility  of  an  indorser  of  negotia-
ble paper,  and  that  the  plaintiff  was  not
bound  to  show  the  existence  of  funds  in
the  city  treasury  sufficient  to  pay  the  war-
rants, and  not  specially  appropriated  at
the  time  of  its  maturity.  Campbell  v.
Polk  County,  3  Iowa,  467  ;  Hodges  v.
Shuler,  22  N.  Y.  114;  Fairchild  t>.  Ogdens-
burgh,  &c.  Railroad  Co.,  15  N.  Y.  337.
Compare  as  to  liability  of  indorser,  Keller
v.  Hicks,  22  Cal.  457.
2  Canal  Lank  v.  Supervisors,  5  Denio
(N.  Y.),  517  (1848).  In  this  case  it  was
held  that  where,  without  any  fraudulent
intent,  the  holder  of  valid  county  orders
exchanged  them  with  the  treasurer  for
others  which  were  in  fact  pud,  but  which
had  never  been  allowed  him  in  his  ac-
counts, the  debt  represented  by  the  valid
orders  was  not  extinguished,  and  was  a
sufficient  consideration  to  support  a  set-
tlement with  the  county  allowing  it.  As
to  illegal  orders  in  hands  of  bona  fide
holder.  Halstead  v.  The  Mayor,  &C  of
New  York,  3  Coinst.  (N.  Y.)  430,  affirm-
ing s.  c.  5  Barb.  218  ;  Mayor  of  Nash-
ville v.  Kay  (import. int.  case),  19  Wall.
