The judgment must be affirmed. The act gives an action against “ the treasurer of public buildings or such officer of Lincoln as may have the lima in charge and it appears that the defen bnt was neither the *329 one nor the other. The act only applies to such persons as had the fund, or a part of it, in hand at the .passing of the act, or might have it afterwards. It could not charge the defendant upon the ground merely, that the money had passed through-his hands and been taken from him by the Court before the enactment of the statute.

Per Curiam. ' Judgment affirmed.