Heckman

Action to quiet title to a fishing privilege, and for an injunction. Findings and judgment were in favor of defendants, and the plaintiff appeals from the judgment upon the judgment roll and a bill of exceptions.

Plaintiff is the owner of certain lands on the north side of Eel river, know as swamp land survey Ho. 45, patented by the state to plaintiff’s grantor in 1882.

Defendants are owners, severally, of lots 36 and 42, swamp land surveys, which lots were surveyed in April, 1858. Lot 36 was patented in 1871, and lot 42 in 1880.

At the time of the survey these lots were wholly on the south side of Eel river, a navigable river in which the tide ebbs and flows, and were described in the surveys and patents as bounded on that river, the courses and distances, including the meander lines on the river and navigable sloughs, aud the number of acres being also given.

The court, after finding the foregoing facts, made the following finding: —

An act to regulate salmon fisheries on Eel river, in Humboldt County (Laws 1859, p. 298), contains the following provisions: —

*307 Plaintiff contends that there are no private lands between his land which reaches high-water mark on the north…