Heckman

In addition to the facts presented upon the former appeal in this case ( 99 Cal. 303 ), the court has now found that the change in the channel of Eel river left no portion of the lands included in surveys 36 and 42 on the north side of the river; and that at low tide the bed of the old channel is dry in places between the island and the plaintiff’s land. It was *280 held upon the former appeal that the land of the defendants is bounded by the high-water mark on the south side of the river, and that the southerly line of the plaintiff’s land is the high-water mark on the north side of the river; that, as the low-water mark is on the south side of the island, and the old channel of the river between the island and the plaintiff’s land is above low-water mark, the plaintiff is within the provisions of section 2 of the act of 1859 (Stats. 1859, p. 298), which gives to the owner of lands fronting on the river “ the exclusive right and privilege of casting, hauling, and landing seines and nets on their own water-front,” and provides that for the purposes of that act “ all bars and the bed of said river lying between the lines of the official survey and extreme low-water mark shall be…