of the state treasury; provided, that no payment for judgment and costs shall be made from the general fund of the state treasury except where the payments of principal and interest on the purchase of said land have been paid into the state treasury. [Amendment approved 1915; Stats. 1915, p. 609.] Act to enable purchasers to redeem the land: See Stats. 1881, p. 65. Legislation § 3555. 1. Enacted March 12, 1872. 2. Amended by Stats. 1909, p. 194. 3. By Stats. 1915, p. 609. § 3556. Subsequent purchasers may defend, etc. Any person having a conveyance of the whole or any portion of the lands described in any certificate of purchase, to annul which suit has been commenced, but to whom the certificate has never been surrendered, may defend such action; and if it appears to the court that he is entitled to any portion of the lands described, and the holder of such certificate does not pay the amount due, the court must order the certificate annulled and a new one to issue to such person upon payment into court by him of the amount due the state upon the whole tract; and such person is thereupon entitled to two certified copies of the decree, one of which he must file in the county recorder's office and the other with the register. Legislation § 3556. Enacted March 12, 1872. ARTICLE VII. Miscellaneous Provisions Relating to Public Lands. $3566. Duplicates for lost or defaced land-warrants. § 3567. Same. § 3568. Same. Abandonment of entry or location, how made. § 3570. $ 3571. § 3572. Certain applications made valid. § 3574. Fees on application. § 3566. Duplicates for lost or defaced land warrants. Any person making application for a duplicate school-land warrant, in lieu of one lost or destroyed, must make proof by affidavit to the register that he is the owner of such warrant, that it has not been located, and of the facts establishing the loss or destruction thereof, and must file with the register a bond, with two or more sureties, to be approved by the register, payable to the state of California, in double the value of the warrant, conditioned that the warrant will not be presented for location. Legislation § 3566. Enacted March 12, 1872. § 3567. Same. When for want of a proper acknowledgment of au assignment of the original land warrant, or partial destruction or defacement thereof, or for any other cause, it cannot be made available, the applicant must prove that he is the owner of the warrant, and that it has not been located, and must file the original for cancellation with the register. Legislation § 3567. Enacted March 12, 1872. § 3568. Same. The register must certify that the applicant is entitled to a duplicate warrant in lieu of the one proved to have been lost or de stroyed or presented for cancellation, and upon presentation of such certificate to the governor he must deliver to the applicant a duplicate warrant bearing the same number as the original warrant, with the word "Duplicate" written across the face thereof, which duplicate has the same force and effect as the original. Legislation § 3568. Enacted March 12, 1872. § 3569. Same. The register must not give the certificate until he is satisfied that the original has not been located, or, if located, that the lands have not been and will not be charged by the Federal government as part of the five hundred thousand acres of land granted to this state. Legislation § 3569. Enacted March 12, 1872. § 3570. Abandonment of entry or location, how made. Whenever a purchaser of land upon credit desires to abandon the location or entry made by him, he may do so by conveyance of his title to the state and surrender of the certificate of purchase, or, if it has been lost, by filing an affidavit of that fact with the register. Forfeiture for non-payment of installments: See ante, § 3513. 68, p. 526, § 64. Enacted March 12, 1872; based on Stats. 1867 § 3571. Certificate of lands sold by but not owned by state. If any land was not the property 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 California, all of his right, title and interest in and to said land. The authority of the said register to issue such certificate and likewise the authority of the auditor and controller to issue their warrants, as provided 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 purchase 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 issuance of a certificate as herein provided. A copy of a patent duly certified by the county recorder of any county where the same may have been recorded shall have the same force and effect as the original. [Amendment approved 1913; Stats. 1913, p. 89.] Legislation § 3571. 1. Enacted March 12, 1872; based on Stats. 1867-68, p. 526, § 63, as amended by Stats. 1869-70, p. 877, § 7. 2. Amended by Stats. 1913, p. 89. § 3572. Same. If the land sold was swamp and overflowed, the county auditor of the county in which the land is situated must, upon the sur render to him of the certificate mentioned in section three thousand five hundred and seventy-one, draw his warrant in favor of the person surrendering such certificate for the amount therein specified, upon the treasurer of the county, who must pay the same out of the swamp and overflowed land fund of the district in which the land is situated. If the land sold was not swamp and overflowed, the controller of state, upon the surrender to him of such certificate, must draw his warrant in favor of the persons surrendering the same, for the amount therein specified, upon the treasurer of state, who must pay the same out of the fund into which the purchase-money was paid. [Amendment approved 1878; Code Amdts. 1877-78, p. 63.] Legislation § 3572. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1877-78, p. 63. § 3573. Certain applications made valid. All applications made prior to March twenty-fourth, eighteen hundred and seventy, for the purchase of lands under the provisions of "An Act to provide for the management and sale of lands belonging to the state," approved March twentyeighth, eighteen hundred and sixty-eight, if there was not, on the twentyfourth day of March, eighteen hundred and seventy, two or more applicants for the purchase of, or conflicts between claimants of, the same land, where the purchase has been completed and patent issued, are valid, although the affidavits on which such applications were based are neither in form nor substance in compliance with the provisions of such act. [Amendment approved 1893; Stats. 1893, p. 116.] Legislation § 3573. 1. Enacted March 12, 1872. 2. Amended by Stats. 1893, p. 116. § 3574. Fees on application. Each application for lands must be accompanied by a fee of five dollars, and no application shall be received, filed, or noted in any way until such fee is paid. The surveyorgeneral shall charge the same fees as are allowed the register for like services; and all fees collected by either the surveyor-general or register shall be paid into the state treasury on the first Monday of each and every month, and placed to the credit of the general fund; and said officers shall, on the first Monday of each month, make a written report to the state controller, stating the amount of fees so paid, together with the sources from which they were derived, and the several amounts, by items. The surveyor-general and register, whenever it may be necessary, may purchase such maps and records as the needs of their office may demand, but all claims against the state, authorized by this section, shall be certified to the state board of examiners, and if the same be allowed, the board shall direct the controller of state to draw his warrant in payment of the same, payable out of the general fund. [Amendment approved 1876; Code Amdts. 1875-76, p. 57.] Legislation § 3574. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 53. 3. By Code Amdts. 1875-76, p. 57. CHAPTER II. The Yosemite Valley and Mariposa Big Tree Grove. § 3584. Commissioners to manage. [Repealed.] §3585. Guardian, and his compensation. [ [Repealed.] § 3586. Report of commissioners. [Repealed.] § 3584. Commissioners to manage. [Repealed 1907; Stats. 1907, p. 269.] Commissioners, nine in number, are civil executive officers: Ante, § 343. Special laws relating to Yosemite Valley: See Gen. Laws, tit. "Yosemite Valley." Legislation § 3584. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 269. § 3585. Guardian, and his compensation. [Repealed 1907; Stats. 1907, p. 269.] Legislation § 3585. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 269. § 3586. Report of commissioners. [Repealed 1907; Stats. 1907, p. 269.] Legislation § 3586. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 269. CHAPTER III. The State Burying-ground. § 3596. Title vested in state. Who may be interred therein. § 3596. Title vested in state. Who may be interred therein. The fee to the state burying-ground, in the city cemetery of the city of Sacramento, is in the people of the state of California, and there may be interred therein any person who, at the time of his death, was a state officer, or a member of the senate or assembly. Legislation § 3596. Enacted March 12, 1872. § 3597. Duties of trustees. The board of trustees of the state buryingground have the control and management of the grounds and the expendi ture of all moneys appropriated for the maintenance or improvement thereof. Trustees of state burying-ground: 1. Number of: Ante, § 343. 2. Are civil executive officers: Ante, § 343. 3. Are appointed by governor with consent of senate: Ante, § 368. Legislation § 3597. Enacted March 12, 1872. Chapter I. II. III. IV. V. VI. VII. TITLE IX. Revenue. Property Liable to Taxation. §§ 3607-3613. Definitions. § 3617. Assessment of Property. §§ 3627-3671. Equalization of Taxes. Articles I, II. §§ 3672-3705. Duties of the Auditor in Relation to Revenue. §§ 3727-3739. VIII. Collection of Taxes by the Assessor on Certain Personal IX. X. Property. §§ 3820-3831. Poll-taxes. §§ 3839-3862. Settlements With the Controller and Payments into State XI. Miscellaneous Provisions. §§ 3881-3900. Legislation Title IX. 1. Enacted March 12, 1872, and by act approved March 16, 1872 (Stats. 1871-72, p. 382), went into immediate effect on the passage of this latter act. At the same session of the legislature, by any unpublished act of April 1, 1872, a few sections were added, while some of the original code sections were amended. 2. In 1895, the title was materially amended, and no little confusion was caused by the act approved February 25, 1895 (Stats. 1895, p. 18), by which act many sections were amended, which were also amended by a later act at the same session, approved March 28, 1895 (Stats. 1895, p. 310). The titles "Legislation" cover fully the conflict in these sections. The later act, which amended a large part of the title, as will be seen by comparing the titles "Legislation," contained a section with a repealing clause and proviso, which read: "Sec. 112. All acts and parts of acts in conflict with this act are hereby repealed; provided, nothing in this act contained shall affect the time or manner of collecting delinquent assessments levied and assessed to pay the damages, costs, and expenses for or incident to the laying out, opening, extending, widening, straightening, diverging, curving, contracting, or closing up, in whole or in part, any street, square; lane, alley, court, or place within municipalities in this state, nor the time or manner of sales, or redemption after sales, of real property sold to pay the damages, costs, and expenses incident to such work or improvement aforesaid; and the time and manner of sale, or redemption after sale, of any real property sold to pay the damage, cost, and expense for or incident to laying out, opening, extending, widening, straightening. diverging, curving, contracting, or closing up, in whole or in part, any street, square, lane, alley, court or place within municipalities in this state, shall be had and made in the same time and manner, as provided by law in such matters on the first day of January, anno Domini eighteen hundred and ninety-five." § 3611. $ 3612. Exemption of church property. Procedure for tax exemption of veterans. $3613. Colleges exempt from taxation. |