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tion when delinquent; but it has not done so in this instance, but has assigned that duty to the District Attorney; and we do not find in the Constitution that where the taxpayer has neglected and refused to pay the taxes, though due, the Legislature may not authorize judicial proceedings to be instituted, and may not, in case of such proceedings, direct the proper District Attorney to conduct them as other judicial proceedings in which the people are the party in interest. The right to bring the suit at all imports the duty to provide for its conduct by some officer or person competent for the discharge of that duty; and even if it be conceded that it is the general duty of the Collector to receive the taxes when offered by the taxpayer, and that it is not competent to the Legislature to authorize any other officer to perform that general duty, unless it first make such officer ex officio Tax Collector, we apprehend that when the Tax Collector has been defeated in the performance of that duty by the persistent refusal of the taxpayer, and has made his official return to that effect, his legal duties as Tax Collector may be said to have so far come to an end and been discharged by him as that judicial proceedings may be instituted to recover of the delinquent a sum of money equal to the delinquent tax, together with damages, percentage, costs, etc.
“We see nothing in this course, if pursued, which would amount to an interference with what is claimed to be the Constitutional duties of the Tax Collector, or a disturbance of any discernible scheme of county gove ernment to be found in the Constitution.
“The judgment and order denying a new trial must, therefore, be affirmed, and it is so ordered.
WALLACE, C. J.
SECTION 3617. Certain terms and phrases defined.
3617. Whenever the terms mentioned in this sec- Certain tion are employed in this Title, they are employed in phrases the senses hereafter affixed to them.
First—The term “real estate,” includes:
1. The ownership of, claim to, possession of, or right to the possession of land;
2. All mines, minerals, and quarries in and under the land, and all rights and privileges appertaining thereto;
1. All buildings, structures, fixtures, fences, and improvements erected upon or affixed to the land;
2. All fruit, nut bearing, or ornamental trees and vines not of natural growth.
Third—The term “personal property” includes everything which is the subject of ownership not included within the meaning of the term “real estate.''
Fourth_The term “full cash value" means the amount at which the property would be appraised if taken in payment of a just debt due from a solvent
NOTE.-See notes to Sec. 3607, ante, and Sec. 3693, post. These definitions are to enable the Assessor to specify all taxable property by appropriate names on his assesment roll.-See note to Sec. 3629, post.
ASSESSMENT OF PROPERTY.
SECTION 3627. Property assessed at full cash value.
3628. Assessment to be made, when.
SECTION 3629, Assessor to require a statement containing what.
3630. Supervisors to furnish blank forms of statement, etc.
statement, how assessed.
Assessor. 3635. Assessment of unknown or absent owners of property. 3636. Same. 3637. Property situated in another county. 3638. Consigned property. 3639. Trustees, guardians, executors, and administrators. 3640. Holders of stock in firm or corporation. 3641. Property of firm or corporation assessed where situ
ated. 3642. Undistributed property of deceased persons. 3613. Ferries and toll bridges, where assessed. 3644. Vessels, where assessed. 3645. Same, 3646. Boats and small craft. 3647. Property and money in litigation. 3648. Property concealed, misrepresented, etc. 3649. Property not taxed in previous year. 3650. Property, how listed. 3651. Form of assessment book. 3652. Assessment book, when completed. Oath of Assessor. 3653. Map of property assessed in cities or towns. 3654. Assessment and map books delivered to and kept by
Clerk of Supervisors. Certain notices to be pub
lished. 3655. Statement by Assessor to State Board of Equalization,
to show what, when made. 3656. Penalty for failure of Assessor to complete assessment
book or transmit statement. 3657, Persons claiming ownership of property and desiring
to be assessed. 3658. Supervisors to furnish Assessor with maps. Costs,
how paid. 3659. Lists of land sold by State to be transmitted to
Assessor of county where the property is situated. 3660. When Assessor liable for taxes on unassessed property. 3661. District Attorney to prosecute Assessor for unpaid
3627. All property must be assessed at its full Property
assessed at full cash
value. NotE.-See Rule VI of the State Board of Equalization, in note to Sec. 3692, post. See, also, Sec. 3617, Subd. 4, ante. As to the method of assessing, determining values, and a full discussion of all questions pertaining thereto, see note to Sec. 3693, post. See, also, note to Sec. 3607, ante. As to double assessment, see People vs. Kohl, 40 Cal., p. 127. Property transiently in a county to be assessed where the owner lives.-See Reiley vs. Lancaster, 39 Cal., p. 354. At a convention of Assessors held, under a call of the State Board of Equalization, at Sacramento City, Sept. 24, 1872, there were twenty-five counties represented, and presided over by F. R. Dray, Assessor of Sacramento County. Among other things the following constructions were given to the provisions of the Code on the subject of revenue, connected with their duties, to wit:
T. M. Lilly, Assessor of Santa Clara County, submitted the following question for discussion: Is property acquired after the first Monday in March in each year assessable or subject to taxation ?
The Convention was unanimous in the decision “that all property in the possession or under the control of any person at the time of assessment is subject to taxation, irrespective of the time when it was acquired.”
The practicability of assessing growing crops was discussed by the convention. There was a division among the Assessors on the question. It was proposed to request the State Board to repeal Rule XV, adopted April 9, 1872, by said Board. The subject was referred to the State Board without further action by the Assessors.
A. H. Jamison, Assessor of Stanislaus County, asked leave to submit to the convention the question, “ Whether the Assessor has the right to equalize or correct assessments made by his deputies.” They decided that he had, and in every instance ought to supervise them-changing them, or making such alterations or corrections as he thought fit.
J. S. Jackman, Assessor of Tehama County, asked, “Is the Assessor bound by the statement made under oath of any person being assessed for the property owned by them?”
The Chairman then read so much of Rule VII which applies to the point.
The Chairman asked the Convention if they regarded
it as a special duty for each Assessor to defend his assessments before the Board of Supervisors. The decision was as follows:
“ We construe Sec. 3677 of the Political Code to declare that it is a most special and particular duty of the Assessor to be present at the session of the Board of Supervisors between the first and the fourth Monday of July in each year, to defend his assessments and see that the Board makes no improper reduction for want of evidence on the part of the Assessor."
Covell of San Joaquin requested the opinion of the convention upon the meaning of Sec. 3887. He wished an expression as to whether the solvent debt of A, secured by mortgage and hypothecated by him to B as security for a loan, should be assessed to A or B. In the opinion of the convention it was held properly assessable to A, upon the ground that the personal property referred to in Sec. 3887 was tangible and not incorporeal personal property.
The convention was asked to give an opinion concerning the duty of the Deputy Assessors to take and subscribe an affidavit in the assessment book as required by Sec. 3652 of the Political Code, and if it was necessary for them to do so. They gave a decision as follows: The Assessor must take and subscribe an affidavit in the assessment book, and each and every deputy must take and subscribe an affidavit in conformity with the Code. The affidavit of the Assessor will not suffice for his deputies; they must make a separate affidavit according to the requirements of Sec. 3652 of the Code.
Assessment to be made, when.
3628. The Assessor must, between the first Monday in March and the first Monday of July in each year, ascertain the names of all taxable inhabitants, and all the property in his county subject to taxation, and must assess such property to the persons who own, claim, have the possession or control thereof.
NOTE.-Stats. 1861, Sec. 13. The personalty is taxable in the county in which it is found, unless it is there in transit or for temporary purposes. Money and gold dust is in this respect different and may be taxed in the county where the owner has his domicile.-See People vs. Niles, 35 Cal., p. 282. As to transient property, see City of Oakland vs. Whipple, 37 Cal., p. 112.