Nicols

Mandate.

The petitioner alleges that Watson Nicols, now deceased, was appointed ,a police officer and member of the police department of the city and county of San Francisco June 9, 1871, and from that time continuously and duly served as a regular officer in active service in said department until he was retired from active service as hereinafter stated, and was a member of the said police department continuously from the time of said retirement until his death; that in Sep tember, 1889, while serving as a policeman in said city and county, he became physically disabled while in, and in consequence of, the performance of his duty as such policeman, and that on September 30, 1889, the defendants, under and in pursuance of the provisions of the act of March 4, 1889, (Stats. 1889, p. 56), duly and regularly retired him from active service, and placed him upon the police relief and pension-roll of said police department, and granted him.a pension from the police relief and pension fund created under the provisions of said act, of $57.50 per month from the first day of October, 1889, and that he received the said pension from that time until his death; that the petitioner and the…