Shirley

Appeals from the judgment and from tbe order denying plaintiff a new trial.

Benicia is a city of tbe sixth class. It is situated upon tbe north shore of the straits of Carquinez, and its boundary upon tbe south is the middle line of the channel. The state granted to the city the lands under the waters of the straits, within its corporate limits, and authorized the sale of the lands into private *345 ownership. (Stats. 1855, p. 239; Stats. 1859, p. 315; Stats. 1868, p. 206.) It also defined the permanent waterfront line of the city. (Stats. 1859, p. 315; Stats. 1868, p. 266.) Outside of the waterfront line is a line established by authority of the United States government, and called the pier head line, beyond which the construction of piers and wharves is not permitted. The city mapped and subdivided its submerged lands within the waterfront line into streets, blocks, and lots, and sold them in parcels to purchasers. Plaintiff became the owner of an undivided interest in certain of these lots. As described in the complaint, they are covered by waters and “bounded on the north by Water street, on the west by First street, on the south by Front street, and on the east by the…