Webb

delivered the opinion of the court. Wells, Justice, concurred.

*68 This was an action, commenced in the court below by the respondent, under the second section' of the act regulating public ferries, passed April 29th, 1851.

Upon the trial of the cause, the defendant produced a license to run a ferry, granted by the Court of Sessions of Yuba County, which license had been confirmed by the District Court, upon appeal from the decision of the Court of Sessions granting the same. Whereupon the court below decided that said license was a complete bar to the plaintiff’s action, and rendered judgment for the defendant.

The plaintiff offered to show in evidence that thé license under which the defendant justified was void, because the Court of Sessions had exceeded its jurisdiction in granting the same, and that the District Court had erred in affirming the license so granted; which testimony was excluded by the court.

The .act of the legislature, creating and regulating public ferries, passed March 18th, 1850, vests in the County Court of each county, the right to establish and regulate public ferries. The applicant for such privilege is required to file his petition, to pay a…