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Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

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Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 56 of 295)
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before the passage hereof, [Amendment approved May 1, 1911; Stats.
1911, p. 1410.]

Citations. App. IfiA^i

§ 3514.

Citations. Cal. 158/616. App. P/S.'iS; 12/273.

§ 3515.

Citations. Cal. 158/635. App. 12/271.

§ 3518.

Citations. App. 12/270.

Patent to land issued after full payment.

§ 3519. \Vheuover full payment has been made for any tract of
land, the selection of which has been approved by the United States
authorities, or when the tract fully paid for is a sixteenth or thirty-
sixth section, or a legal subdivision thereof, belonging to the state, or
is segregated swamp and overflowed land, or land uncovered by tht
recession or drainage of waters of inland lakes, the register, upon th«
surrender of the certificate of purchase, must prepare a patent for tlie
laud, the said patent to be issued in the name of the original applicant,
and send it to the governor, together with a certificate that the laws
in relation thereto have been comjdied with, that payment in full has
been made, and that the party named in the prepared patent is entitled
to it. The said patent so issued shall inure to the benefit of the as-
signees, grantees, or successors in interest of said original applicant.
I Amendment apj.roved May 1, 1911; Stats. 1911, p. 1411.]
Citations. App. 17/179.

§ 3523.

Citations. Cal. 158/635.



545 POLITICAL CODE. §§ 3524-3550

Issuance of duplicate patent for swamp lands.

§ 3524. § 1. When the original patent to swamp and overflowed land
of the state of California has been lost or destroyed, and is not of record
in the county where the land is situate, and no duplicate or copy thereof
is in the office of the secretary of state or in the office of the register
of the state land office, a patent is authorized to be issued to the
original purchaser for the same land, as other patents are issued, .when
it is proven to the satisfaction of the register of the state land office
of the state of California from the data in the office of the secretary
of state of said state, or in the office of the register of the state land
office, that an original patent has been lawfully issued to the original
purchaser, and from other satisfactory proof that the same has been
lost or destroyed, and is not of record in the recorder's office of the
county in which the land is situate. The patent so reissued shall have
the same force ahd effect as the original patent, and shall contain the
clause "This patent is issued to take the place of the original patent
issued for the same land, on the (give date of original patent, and
by whom issued), and is not intended to change the title of the per-
sons in whom said land is now vested and only to complete the record
title from the state of California." The register of the state land
office shall collect the same fee therefor as in issuing original patents.

Afladavit of owner.

§ 2. Any person having a vested interest in any swamp and over-
flowed land, covered by a patent lost or destroyed, and not of record in
the county where the land is situate, in order to obtain the reissuing of
the patent as provided in section 1, must make an affidavit and file the
same in the office of the register of the state land office of this state,
setting forth that he has a vested interest in the land, or a part thereof,
to which he makes application for a patent to be reissued from the state
of California, and must also state in the affidavit the chain of title from
the original patentee to and including the present owners of the land de-
scribed in the original patent. [New section approved June 10, 1913;
Stats. 1913, p. 562.]

§ 3546.

Citations. App. 15/442; 16/80.

§ 3547.

Citations. App. 16/80.

Copy of decree to be filed.

§ 3550. Within twenty days after the entry of judgment, the district
attorney must file in the office of the register, and in the recorder's office
of the county in which the land is situated, certified copies thereof.
[Amendment approved March 25, 19-11; Stats. 1911, p. 500.]
Citations. App. 15/442, 443.
35



§§ 3551-3629 political code. 546

§ 3551.

Citations. App. 15/442, 443; 16/80.

§ 3556.

Citations. App. 15/442.

Certificate of lands sold by but not owned by state.

§ 3571. If any land was not the j<roperty of the state of California
at the date application was filed therefor, or if the land applied for was
swamp and overflowed land but the application became or was void by
reason of the fact that the land had not been segregated, the owner of
the certificate of purchase or patent may receive in exchange therefor,
from the register of state land office, a certificate showing the amount
paid and the class of land upon which the payment was made, (if the land
is lieu land or indemnity land the register's certificate shall not issue
until the selection therefor is canceled by authority of the department
of the interior), by conveying by quitclaim deed to the state of Cali-
fornia, all of his right, title and interest in and to said land. The au-
thority of the said register to issue such certificate and likewise the
authority of the auditor and controller to issue their warrants, as pra
vided in section 3572 of this code, shall not be barred by any period of
time which may have elapsed since the issuance of the certificate of pur-
chase or patent, but in the issuance of the certificate herein provided
for, the said register shall first determine that the person applying for
said certificate is the owner of the certificate of purchase or patent, and
has not assigned or conveyed his interest therein or in the land therein
described or any part thereof, and that it is a proper case for the issu-
ance of a certificate as herein provide<l. A copy of a patent duly certi-
fied by the county recorder of any county where the same may have been
recorded shall have the same force and effect as the original. [Amend-
ment approved April 2.5, 1913; Stats. 1913, p. 89.]

§ 3607.

Citations. Cal. 160/355. Appr. 18/40.

§ 3617.

Citations. Cal. 155/146, 147; 161/207; 162/389; (suhd. 3) 155/353. 357;
(subd. 6) 155/353. App. 10/188; 14/459; 17/549; (subd. 6) 17/549.

§ 3627.

Citations. Cal. 155/354; 162/389.

§ 3628.

Citations. Cal. 155/145, 353; 159/464; 160/126: 164/299. .\pp. 8/438.

§ 3629.

Citations. Cal. 158/704; (subd. 6) 155/358. App. 8/438; 11/525, 529.



5i7 POLITICAL CODE. §§ 3630-3658

§ 3630,

Citations. App. 8/438.

§ 3634.

Citations. Cal. 158/705.

§ 3650.

Citations. Cal. 158/707; 160/524: 161/828; 162/218, 220; 163/53; (subd.
1) 162/213; (subd. 3) 162/400; (subd. 15) 155/353; 161/207. App. 10/189.

§ 3651.

Citations. Cal. 163/53.

Copies of assessment-book for cities, irrigation districts, etc.

§ 3653. 1. On or before the third Monday in July of each j-ear, the
assessor must furnish such incorporated cities, towns, lighting, water
and irrigation districts within the county as shall make written request
for the same, on or before the first Monday in March of each year, a
complete certified copy of his assessment-book, so far as such assessment-
book pertains to property within the limits of said incorporated cities,
towns, lighting, water and irrigation districts.

Charge for copy.

2. The assessor may charge incorporated cities, towns, lighting, water
and irrigation districts not to exceed seven cents per folio of one hun-
dred words for each copy of his assessment-book, furnished such incor-
porated cities, towns, lighting, water and irrigation districts.

Description of personal property.

3. The assessor must, on the first Monday of each month, furnish all
such incorporated cities, towns, lighting, water and irrigation districts
within the count}' as shall make written request for the same, a descrip-
tion of all personal property, the name and address, by street and num-
ber, of the owners, and assessed value thereof, whenever the tax on such
property is collected by the assessor.

Charge.

4. The assessor may charge incorporated cities, towns, lighting, water
and irrigation districts not to exceed seven cents per folio of one hun-
dred words for such description of personal property. [Amendment ap-
proved June 13, 1913; Stats. 1913, p. 814.]

Citations. App. 9/28.

§ 3654.

Citations. Cal. 158/705; 162/1G9. App. 19/711.

§ 3658.

Citations. Cal. 158/704, 709.



§§ 3663-3746 political code. 548



§ 3663.

Citations. App. 10/188.

§ 3670.

Citations. Cal. 160/127.

§ 3672.

CiUtions. Cal. 160/723; 162/169. App. 17/548.

§ 3673.

Citations. Cal. 160/423, 431; 162/169. App. 10/189.

§ 3674.

Citations. Cal. 162/169.

§ 3675.

Citations. Cal. 162/169.

§ 3676.

Citations. Cal. 162/169.

§ 3679.

Citations. Cal. 164/43. App. 10/189.

§ 3680.

Citations. Cal. 160/527.

§ 3681.

Citations. Cal. 164/43. App. 10/189. 190.

§ 3682.

Citations. Cal. 160/426. 431. App. 19/711.

§ 3705.

Citations. App. 17/548.

§ 3714.

Citations. Cal. 168/251, 253.

§ 3731.

Citations. App. 15/006, 607.

§ 3732.

Citations. Cal. 160/525. App. 8/437; 19/711.

§ 3737.

Citations. Cal. 163/251.

§ 3746.

Citations. Cal. 160/525. App. 13/432.



549 POLITICAL CODE. §§ 3753-3771

§ 3753.

Citations. Cal. 160/525.

§ 3756.

Citations. App. 15/606.

§ 3759.

Citations. Cal. 160/525. App. 19/711.

§ 3760.

Citations. Cal. 160/525.

Annual publication of delinquent tax lists. Arrangement of lists.

§ 3764. On or before the fifth day of .June of each year, the tax col-
lector must publish the delinquent list, which must contain the names
of the persons and a descrijition of the property delinquent, and the
amount of taxes, penalties, and costs due, opposite each name and de
scription, with the taxes due on personal property, the delinquent state
poll, road, and hosjiital tax, the ta"xes due each school, road, or other
lesser taxation district, added to the taxes on real estate, where the real
estate is liable therefor, or the several taxes are due from the same per-
son; provided, however, that before publication of said list the tax col-
lector and auditor shall jointly arrange said list in such manner that
said publication shall designate in some particular manner the property
contained in said list which was sold to the state five years previous
under the provisions of section 3771 of this code, on which the taxes re-
main unpaid, or which property has not been redeemed or the sale thereof
canceled, and which property the state would otherwise be entitled to a
deed thereof after the lapse of five ye:n-s from said previous sale.
[Amendment approved June 10, 1913; Stats. 1913, p. 556.]

Citations. Cal. 158/710, 711; 161/151. App. 9/173, 174, 175, 176.

§ 3765.

Citations. App. 9/173, 175, 176.

§ 3766.

Citations. App. 17/589.

§ 3767.

Citations. Cal. 157/657; 161/151. App. 9/173, 175, 176.

§ 3770.

Citations. Cal. 162/209, 388, 389. App. 15/606.

Property sold to state. Owner may pay on day of sale. Suit for collec-
tion. Property not redeemed in five years sold to highest bidder.
List mailed to owner.
§ 3771. On the day and hour fixed for the sale, all the property de-
linquent, upon which the taxes of all kinds, penalties, and costs have



§ 3773 POLITICAL CODE. 550

not been paid, shall, by operation of law and the declaration of the tax
collector, be sold to the state, and said tax collector shall make an entry.
"Sold to the state," on the df-linquent assessment list, opposite the tax.
and he shall be credited with the amount thereof in his settlement, madi^
pursuant to sections 3797, 3798 and 3799; provided, that on the day of
sale the owner or person in possession of any property offered for sale
for taxes due thereon, may pay the taxes, penalties, and costs due; ami
provided, further, that when the original tax amounts to the sum of three
hundred dollars or more upon any piece of property or assessment de-
linquent, the state may bring suit against the owner of said property
for the collection of said tax or taxes, penalties, and costs, as provided
in section 3899; and provided, further, that any property contained in
the advertised list as provided for in section 3764 of this code, which
has not been redeemed from the sale made to the state five years previ
ously, shall be sold by the tax collector at public auction to the highest
bidder for cash in lawful mone.v of the United States; but no bid shall
be accepted at such sale for less than the amount of all taxes, penalties
and costs due as shown in said advertised list. After such bid has been
made and accepted the right of redemption shall cease, except as to the
purchaser, who shall have thirty days within which to make redemption
as provided in section 3785b of this code, and if not so redeemed or if
no sale is had under the provisions of this paragraph, then said property
shall be deeded to the state as provided in section 3785 of this code;
and provided further, when any property is to be sold at public auction
as provided in this section, within five days after the first publication
of i^ail^ delinquent list the tax collector shall mail a copy of said list
or publication, postage thereon prepaid and registered, to the party to
whom the land was last assessed next before such sale, at his last known
postoftice address. The money received hereunder shall be distributed as
l)rovided in section 3893 of this code. The charge for advertising shall
be at the rate fixed by the board of supervisors for other advertising in
said county. [Aim ndnicnt approved June 10, 1913; Stats. 1913, p. 557.]
Citations. Cal. 159/461.

Improvements on land sold to state not to be removed.

§ 3773. When lands have been sold, or shall hereafter be sold, to the
state of California by reason of nonpayment of taxes, no owner or claim-
ant of such lands, nor any other person shall remove or destrov any
building, fixture or other improvement on such lands, or cut or remove
anv timber, or do or cause to be done any other act which shall tend
permanently to im[>air the value of the lands or the value of the improve-
ments thereon; provided, this act shall not apply when such lands have
been redeemed from sale or have been sold and disposed of by the state.
Violation of any of the provisions of this section shall constitute a mis-
demeanor. [New section approved June 10, 1913; Stats. 1913, p. 557.]



551 POLITICAL CODE. §§ 3776-3785

Record of sale kept by collector, etc.

§ 3776. The tax collector must enter in appropriate columns in the
delinquent list opposite the description of each parcel of land sold the
date of sale and the total amount for which such parcel of land was
sold. In case of a subsequent redemption the auditor must make a note
of such redemption and the date thereof on the margin of the delin-
quent list opposite the description of the land sold. Wherever by any
other section of this code, provision is made for the cancellation of a
certificate of tax sale, the tax sale itself may be canceled for like rea-
sons by the same board or officer mentioned in said sections; and when-
ever any sale is so canceled, the auditor shall be notified thereof and
shall enter the fact and date of such cancellation upon the margin of
the delinquent list opposite the description of the property involved.
[Amendment approved May 1, 1911; Stats. 1911, p. 1436.]
Citatiorvs. Cal. 157/056; 162/210, 211. App. 13/433.

Record of certificates of tax sale.

§ 3777. [Eepealed May 1, 1911; Stats. 1911, p. 1436.]

§ 3780.

Citations. Cal. 160/526; 161/327; 164/299. App. 9/471.

Tax deeds made after five years. Form. No charge. Deed recorded.
Controller to furnish blank deeds. State lands not fully paid for.

§ 3785. If the property is not redeemed within five years from the
date of the sale to the state, the tax collector, or his successor in office,
must make the state a deed of the property. Said deed shall be in
substance and may be in form, as follows:

"This indenture, made the day of , 19 — , between , tax

collector of the county of , state of California, first party, and the

state of California, second party witnesseth:

That whereas the real property hereinafter described was duly as
sessed for taxation in the year 19 — to (stating name as on assess-
ment-roll) and was thereafter on the day of , 19 — , duly sold

to the state of California by , tax collector of said county of ,

for nonpayment of delinquent taxes which had been legally levied in
said year 19 — , and were a lien on said real property, the total amount
for which the same was sold being .

And whereas the period of five years has elapsed since said sale and
no person has redeemed the said property.

Now, therefore, the said first party in consideration of the premises,
and in pursuance of the statute in such case made and provided does
hereby grant to the said second party that certain real property in the
county of , state of California, more particularly described as fol-
lows, to wit: * *



§§ 3785a, 3785b politic.vl code. 552

In witness whereof said first party has hereunto set his hand the day
and year first above written.

Tax Collector of the County of ."

Xo other matters need be recited in the said deed than those provided
for in the above form, whether the sale is made before or after this act
takes effect. Xo charge shall be made by the tax collector for the
making of any such deed, and the acknowledgment of all such deeds
shall be taken by the county clerk free of charge. All such deeds shall
be recorded in the office of the county recorder of the county wherein
the property sold is situated, and said recorder shall make no charge
therefor; provided, that in counties where the county recorders are paid
no salaries, but fees only, such recorders shall receive for filing, record-
ing and indexing each deed, the sum of seventy-five cents, payable out
of the county treasury in the same manner that other claims are paid.
The state controller shall provide uniform blank deeds, upon which all
conveyances to the state under the provisions of this section shall be
made. All such deeds, after being duly recorded, as herein provided,
shall be forwarded by the county recorder to the controller. The con
troller shall record such deeds at length in a book to be provided for
that purpose, in which book a marginal space shall be left to show the
subsequent disposition of the property by the state; provided, however,
that when state lands have been sold to the state upon which the full
purchase price has not been paid, the deeds to the state, after being duly
recorded, as herein provided, shall be forwarded by the county recorder
to the surveyor general and remain on file in his office, and the state
shall dispose of such lands in the manner provided in section 3788; pro-
vided, however, that in all cases where land has been heretofore sold
for delinquent taxes to purchasers other than the state of California,
the dceil therefor must have been made within the time allowed under
the provisions of that certain act entitled "-\n act to amend section
3783 of the Political Code of the state of California, relating to the issu-
ance of tax deeds," approved March 23, 1907, and unless the deed has
been so made, the purchaser shall be deemed to have relinquished all
his rights under such sale, [.\mendment approved April 25, 1911; Stats.
1911, p. 1102.]

Citations. Cal. 157/656; 159/461; 161/327; 162/208. 209. 210, 211. 2.34,
869, :i87; 16.3/254; 164/298. App. 9/172, 175, 471; 10/265, 266; 12/568, 570;
15/605; 19/323.

§ 3785a.

Citations. App. 19/133, 134.

Deed to purchaser. Form of deed. No charge for deed.

§ 3785b. When property has been sold to a purchaser at delinquent
tax sale, other than the state of California, in pursuance of section 3771
of this code, the tax collector must forthwith execute a deed to such



553 POLITICAL CODE, § 3786

purchaser, or his assigns, conveying said property; provided, no deed
shall be delivered in any event until redemption has been made of such
property and all taxes, penalties, interest and charges have been paid
which may have been accrued by reason of any previous tax sale or de-
linquency. Said deed shall be in substance and may be in form as fol-
lows :

"This indenture, made the day of , 19 — , between , tax

collector of the county of , state of California, first part, and ,

second party, wituesseth:

That whereas the real property hereinafter described was duly assessed
for taxation in the year 19 — to (stating name as on assessment-
roll) and was thereafter on the day of , 19 — , duly sold to

by , tax collector of said county of for nonpayment of de-
linquent taxes which had been legally levied in said year 19 — , and were
a lien on said real jiroperty, the total amount for which the same was
sold being . And

WTiereas, all taxes levied and assessed against said property prior to
the year 19 — have been paid and discharged:

Now, therefore, the said first party in consideration of the premises,
and in pursuance of the statute in such case made and provided does
hereby grant to the said second party that certain real property in the
county of , state of California, more particularly described as fol-
lows, to wit: * *

In witness whereof said first partj' has hereunto set his hand the day
and year first above written.

>
Tax collector of the county of ."

No other matters need be recited in the said deed than those provided
for in the above form, whether the sale is made before or after this act
takes effect. No charge shall be made by the tax collector for the mak-
ing of any such deed, and the acknowledgment of all such deeds shall
be taken by the county clerk free of charge. The provisions of sections
3786 and 3787 of this code are hereby made applicable to the deed herein
provided for. [New section approved June 10, 1913; Stats. 1913, p. 558.]

Evidence of tax deed.

§ 3786. Such deed, duly acknowledged or proved, is primary evidence
that:

1. The property was assessed as required by law;

2. The property was equalized as required by law;

3. The taxes were levied in accordance with law;

4. The taxes were not paid;

5. At a proper time and place the property was sold as prescribed by
law, and by the proper officer;

6. The property was not redeemed;

7. The person who executed the deed was the proper officer;



§§3737,3788 political code. 554

8. Where the real estate was sold to pay a poll tax or taxes on per-
sonal property, that the real estate belonged to the person liable to
pay the tax. [Amendment approved April 25, 1911; Stats. 1911, p. 1102.]
Citations. Cal. 156/.574, 575; 157/654; 159/463; 162/209, 210. App. 9/

175; 13/433.

Tax deed conclusive evidence.

§ 3787. Such deed, duly acknowledged or proved, is (except as against
actual fraud) conclusive evidence of the regularity of all other proceed-
ings, from the assessment by the assessor, inclusive, up to the execution
of the deed. Such deed conveys to the state the absolute title to the
property described therein, free of all encumbrances, except any lien of
taxes levied for municipal purposes, and except when the land is owned
by the United States, or this state, in which case it is prima facie evi-
dence of the right of possession, accrued as of the date of the deed to
the state. [Amendment approved June 10. 1913; Stats. 1913, p. 559.]

Citations. Cal. 157/654; 159/463; 160/527. 528; 162/210; 163/51: 164/

299. App. 9/173, 175, 471; 10/265; 13/434.

Lands sold to state for taxes subject to entry. Bestoration to former
estate. Distribution of money received.
§ 3788. When state lauds, upon which the full purchase price has
not been paid, have been sold to the state for delinquent taxes, and
the deed therefor to the state provided for in section 3785 of this code,
has been forwarded to and filed with the surveyor general, the said
lands shall again become subject to entry and sale, in the same manner,
and subject to the same conditions, as apjily to other state lands of like
character, except that the former possessors or owners of the land thus
deeded to the state, their heirs or assigns, shall he preferred purchisers
thereof for the period of six months after the deeds are filed with the
surveyor general, as prescribed in this section; during which said period
of six months no application by any person other than said former
possessors, or owners, their heirs or assigns, shall be filed; and provided,
further, that the former possessors or owners of said land thus deeded
to the state, their heirs or assigns, shall have the right to be restored to



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 56 of 295)