Sec. 14. In case said board shall refuse to meet and examine applicants for licenses as in this act provided, and issue to such applicants the certifi cate or certificates mentioned in this act, if such person be a fit and competent person to receive the same, they may be compelled to do so by mandamus; and if upon the hearing of such mandamus it appears that they have willfully and wrongfully refused to examine any applicant, or to issue him a certificate when he is entitled to the same, such board so refusing or failing shall be, jointly and severally, liable for all cost of said mandamus proceeding, including attorney's fee of five hundred dollars, and shall be so jointly and severally liable to any person aggrieved by such refusal, in the sum of five hundred dollars, as fixed, settled, and liquidated damages, which may be recovered in any court in this state, and the judgment if it be for plaintiff) in mandamus shall be prima facie evidence of such injury and damage in any action which may be brought to recover damages under the provisions of this act.

Sec. 15. All that part of the Code of Civil Procedure of this state relating to mandamus is here. by made applicable to the provisions of this act; and all proceedings in mandamus under this act shall be in accordance therewith.

Sec. 16. This act shall take effect on the first day of July, eighteen hundred and ninety-one.

TITLE 278.

SUTTER COUNTY.

A reference to special laws affecting Sutter county is contained in Deering's Annotated Penal Code, pp. 711 and 712.

to

In addition to those there referred to consult: Act approved March 19, 1889; Stats. 1889, p. 355, relating to levee district No. 1; act approved March 10, 1891. Stats. 1891, p. 62, relating swamp land district seventy; anact amending the act authorizing supervisors to construct bridge across Feather river, approved March 19, 1889; Stats. 1889, p. 323.

TITLE 279.

SUTTER'S FORT.

Consult the following acts:

An act to provide for the appointment of a board of Sutter's Fort trustees, and for the acquisition of the Sutter's Fort property, and providing for an appropriation for the preservation, protection, and improvement of said property. [Approved March 7, 1891; Stats. 1891, p. 25.]

An act providing an appropriation for the purpose of completing and preserving Sutter's Fort. [Approved March 9, 1893; Stats. 1893, p. 102.]

An act for the appointment of a guardian. [Ap proved March 16, 1895, p. 56.].

An act providing an appropriation for the improvement of and repairs to Sutter's Fort and grounds.

[Stat. approved April 1, 1897; Stats. 1897, chap. cclxxvi.]

TITLE 280.

SWAMP AND OVERFLOWED LANDS.

Acts relating to: See ante, title "Lands of the State."

An act to determine that lands of this state are swamp and overflowed when returned as such by the United States surveyor general. [Approved March 31, 1891; Stats. 1891, p 221.] Section 1. Lands within this state which have been or may hereafter be returned by the United

States surveyor general as swamp and overflowed lands, and shown as such on approved township plats, shall, as soon as patents have been or may be issued therefor by this state, be held to be of the character so returned; provided, however, that nothing herein contained shall be construed to affect the rights of any homestead or preemption settler claiming under the laws of the United States, nor shall it affect any suit now pending in any court as between the parties thereto; provided, that nothing contained in this act shall be construed to prejudice the rights of any settler now or hereafter located upon said lands to perfect title to the same, if permitted under existing laws.

Sec. 2. This act shall take effect from and after its passage.

An Act providing for the dissolution and annulment of swamp and overflowed land reclamation districts and protection districts for nonuser of corporate powers. [Approved February 17, 1899; Stats. 1899; ch. xvi.]

An act to declare certain tide lands public grounds, and granting the same to the county of San Mateo in trust for the use of the public. [Approved February 27, 1893; Stats. 1893, p. 42.]

An act quitclaiming to the successors in interest of James Bowman all claim of the state in "water lot No. 415."

[Approved March 11, 1893; Stats. 1893, F. 151.]

An act quitclaiming to the successors in interest of Sallie C. Perry all claim of the state of California in that certain tract of land in the city and county of San Francisco known as "city slip lot number one hundred and sixteen," and empowering and directing the governor to execute a deed of quitclaim therefor to said successors in interest of said Sallie C. Perry. [Approved March 9, 1893; Stats. 1893, p. 102.]

An act regulating the sale of the lands uncovered by the recession or drainage of the waters of inland lakes, and unsegregated swamp and overflowed lands, and validating sales and surveys heretofore made.

[Approved March 24, 1893; Stats. 1893, p. 341.]

Section 1. Any person desiring to purchase any of the lands uncovered by the recessiou or drainage of the waters of inland lakes, and inuring to the state by virtue of their sovereignty, or the swamp and overflowed lands not segregated by the United States, shall make an application therefor to the surveyor general of the state, which application shall be accompanied by applicant's affidavit that he is a citizen of the United States, or has declared his intention to become such, a resident of this state, of lawful age, that he desires to purchase such lands (describing the same by legal subdivisions, or by metes and bounds if the legal subdivisions are unknown) under the provisions of this act; that he desires to purchase the same for his own use and benefit, and for the use and benefit of no other person or persons whomsoever, and that he has made no contract or agreement to sell the same, and that he does not own any state lands which, together with that now sought to be purchase 1, exceeds six hundred and forty acres.

Sec. 2. Upon the filing of said application, when the land has not been sectionized, the surveyor general shall authorize the county surveyor of the county where the whole or the greater portion of the land lies to survey the same, who shall make an actual survey thereof, at the expense of the applicant, establishing four corners to each quarter-section, and connecting the same with a United States survey; and he must, witin thirty days, file with the surveyor general a copy, under oath, of his field-notes and plat, and a statement, under oath, showing whether or not the land is occupied by any actual settler.

shall

Sec. 3. If the surveyor thus authorized fail to make his return to the surveyor general within the time specified in the preceding section.

the surveyor general may designate another person to make the said survey.

Sec. 4. No application to purchase land under this act shall be approved by the surveyor general until the expiration of ninety days from the filing thereof in his office, and meanwhile the land shall be subject to the adverse claim of any actual settler who has resided thereon when the said application was filed.

Sec. 5. The lands designated in this act shall be sold and patented at the price of two dollars and fifty cents per acre and on the same terms and manner of payment as at present provided for swamp and overflowed lands. All moneys received for said lands shall be paid into the swamp land fund of the county in which the lands are situated, and shall be treated and disposed of in the same manner as moneys arising from the sale of segregated swamp and overflow lands, and all moneys heretofore received for the sale of such lands, and remaining in the treasury, shall be subject to the same provisions of law. If any of the lands described in this act are suitable for cultivation without reclamation, such lands shall be sold only to actual settlers in tracts not exceeding one hundred and sixty acres. [Amendment approved March 22, 1899; Stats. 1899. ch. cxlix.]

Sec. 6. Any of the lands designated in this act which by reason of periodical overflow, need and are susceptible of reclamation may be reclaimed by the formation of districts in the same manner and subject to all of the provisions of law regulating the reclamation of swamp and overflowed lands; provided, that the board of supervisors of the county in which the lands, or the greater part thereof, are situated must first determine, upon proper petition presented therefor, by the holders of the title, or evidence of title, representing onehalf or more of any body of such land, that such reclamation is necessary and feasible.

Sec. 7. When land has been sold under this act, no contest shall be maintained against the purchaser on the ground that the land is not of the Gen. Laws-100.