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 shali 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 hereby 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 489. ACT 3995. SUTTER COUNTY. Auditor and treasurer of to cancel certain certificates of the register of the state land office and certain controllers' warrants. [Stats. 1877-8, p. 324.] ACT 3996. Authorizing the transfer of funds. [Stats. 1875-6, p. 249.] "Superseded by subd. 18, sec. 25, County Government Act, 1897, 463."-Code Commissioners' note. ACT 3997. To authorize the transfer of certain funds in. [Stats. 1877-8, p. 1020.] This act authorized the transfer of funds from the road district school fund on the petition of a majority of the fund to the taxpayers. ACT 3998. To provide for a separate judge for each of the counties of Yuba and Sutter. [Stats. 1897, p. 48.] ACT 3999. To provide for the protection of certain lands in from overflow. [Stats. 1867-8, p. 316.] Amended 1871-2, 307. Supplemented 1871-2, 734. "Unconstitutional as to sec. 21. (Brandenstein v. Hoke, 101 Cal. 131; Wilson v. Supervisors, 47 Cal. 91."-Code Commissioner's note. See, also, people v. Whyter, 41 Cal. 351; Moulton v. Parks, 64 Cal. 166, 182. Cal. Rep. Cit. 47, 92; 51, 407; 62, 546; 64, 179; 92, 311; 131, 31. ACT 4000. Authorizing transcribing of records in. [Stats. 1858, p. ACT 4001. 205.1 Roads and highways in. [Stats. 1873-4, p. 573.] ACT 4002. School trustees, fixing time for election of. [Stats. 1875-6, p. 141.] Repealed by Political Code, sec. 1593, as amended 1893, 247. ACT 4003. Relating to levee district No. 1. АСТ 4004. [Approved March 19, 1889. Stats. 1889, p. 355.] Relating to swamp-land district seventy. [Approved March 10, 1891. Stats. 1891, p. 62.1 ACT 4005. Amending the act authorizing supervisors to construct bridge across Feather River. 1889. Stats. 1889, p. 323.] [Approved March 19, Acts for the better protection of the treasury, see act 464, ante. To provide for the acquisition of Sutter's Fort and appointing trustees therefor. [Stats. 1891, p. 25.] ACT 4017. For the appointment of a guardian of Sutter's Fort, and prescribing his duties. [Stats. 1895, p. 56.] TITLE 492. SWAMP AND OVERFLOWED LANDS. ACT 4022. To provide for the proper distribution, in the several county treasuries, of funds arising from the sale of swamp [Approved March 28, 1874. Stats. 1873-4, p. lands. 770.] ACT 4023. Fresno and Kern counties, providing for determining rights in certain swamp and overflowed lands in. [Stats. 1877-8, p. 358.] Cal. Rep. Cit. 66, 566; 66, 568. ACT 4024. State treasury, providing for payment of certain controller's swamp-land warrants. [Stats. 1871-2, p. 873.] This act pledged payments on swamp lands to the redemption of warrants. АСТ 4025. Quieting title to certain lands. [Stats. 1873-4, p. 803.] This act confirmed the title of certain swamp lands to J. P. Counts and Myron Smith. ACT 4026. Providing for the dissolution and annulment of swamp and overflowed land reclamation districts and protection districts for non-user of corporate powers. [Approved February 17, 1899. Stats. 1899, p. 13.] ACT 4027. 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.] ACT 4028. Quitclaiming to the successors in interest of James Bowman all claim of the state in "Water Lot No. 415,” in San Francisco. [Approved March 11, 1893. Stats. 1893, p. 151.] ACT 4029. 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 pre-emption settler claiming under the laws of the United States, nor shall it affect any suit now pending in any court as be tween 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 exisung laws. Sec. 2. This act shall take effect from and after its passage. АСТ 4030. Quitclaiming to the successors in interest of Sallie C. Perry all claim of the state of California in that cer tain 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. [Ap proved March 9, 1893. Stats. 1893, p. 102.] ACT 4031. 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.] Amended 1899, 182. Section 1. Any person desiring to purchase any of the lands uncovered by the recession or drainage of the waters of inland lakes, and inuring to the state by virtue of her 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 purchased, 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, within 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. Sec. 3. If the surveyor thus authorized shall 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 |