granted on condition that the company deposit in bank the difference between the rates fixed and those collected, the deposit to remain until the determination of the litigation, the deposits thus made are sub

ject to taxation. The assessment, in such a case, is against funds in the hands of the bank acting as a receiver.-Spring Valley Water Co. v. San Francisco, 225 Fed. 728.

§ 3650. PROPERTY, HOW LISTED. [ASSESSMENT-BOOK.] The assessor must prepare an assessment-book, with appropriate headings as directed by the state board of equalization, in which must be listed all property within the county, and which shall show under the appropriate head:

1. [Listing of property.] The name and post-office address, if known, of the person to whom the property is assessed.

2. Land, by township, range, section, or fractional section; and when such land is not a congressional division or subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres, not exceeding in any tract six hundred forty acres, locality, and the improvements thereon. When any tract of land is situated in two or more school, road, or other revenue districts of the county, the part in each such district must be separately assessed. The improvements to be assessed against the particular section, tract, or lot of land upon which they are located; city and town lots, naming the city or town, and the number of the lot and block, according to the system of numbering in such city or town, and the improvements thereon.

3. All property within the limits of an incorporated city or town shall be assessed in an assessment book separate and distinct from the assessment book containing the assessment of property situate outside the limits of such incorporated city or town; or, if but one assessment book is used, then in a separate and distinct part of such book; provided, that all property assessed shall be arranged on the assessment book by elementary school districts, as such districts are legally formed and exist on the first Monday in March of each year; provided, further, that where any school district embraces property situate both within and without the limits of an incorporated city or town, such property shall be assessed and kept separate and distinct on the assessment book.

4. All personal property, showing the number, kind, amount, and quality; but a failure to enumerate in detail such personal property does not invalidate the assessment. 5. The cash value of real estate.

7. The cash value of improvements on real estate assessed to persons other than the owners of the real estate.

8. The cash value of all personal property, exclusive of money.

9. The amount of money.

10. Taxable improvements owned by any person, firm, association, or corporation, located upon land exempt from taxation, shall, as to the manner of assessment, be assessed as other real estate upon the assessment book. No value shall, however, be assessed against the exempt land, nor under any circumstances shall the land be charged with or become responsible for the assessment made against any taxable improvements located thereon.

11. The school, road, and other revenue districts in which each piece of property assessed is situated.

12. The total value of all property.

13. In entering assessments containing solvent credits subject to deductions, as provided in section three thousand six hundred twenty-eight of this code, he must enter in the proper column the value of the debts entitled to exemption and deduct the same. In making the deductions from the total value of property assessed, as above directed, he must enter the remainder in the column provided for the total value of all property for taxation.

14. Such other things as the state board of equalization may require.

History: Enacted March 12, 1872; amended April 1, 1876, Code Amdts. 1875-6, p. 11; March 22, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 10; March 7, 1881, Stats. and Amdts. 1881, p. 59; repealed in part March 9, 1883, Stats. and Amdts. 1883, p. 72; amended March 28, 1895, Stats. and Amdts. 1895, p. 313; March 18, 1905, Stats. and Amdts. 1905, p. 134; June 1, 1917, Stats. and Amdts. 1917, p. 1643. In effect July 31, 1917.

§ 3663. WATER DITCHES AND TOLL-ROADS, HOW ASSESSED. Water ditches constructed for mining, manufacturing, or irrigation purposes, and wagon and turnpike toll-roads, must be assessed the same as real estate by the assessor of the county, at a rate per mile for that portion of such property as lies within his county. History: Enactment approved March 27, 1872, Stats. 1871-2, p. 586; amended March 30, 1874, Code Amdts. 1873-4, p. 158; March 22 and April 15, 1880, Code Amdts. 1880 (Pol. C. pt.), pp. 13, 59; March 28, 1895, Stats. and Amdts. 1895, p. 316; May 11, 1917, Stats. and Amdts. 1917, p. 430. In effect July 27, 1917.

Taxes levied, assessed and

§ 3664. TAXES FOR STATE PURPOSES. collected as hereinafter provided upon railroads, including street railways, whether operated in one or more counties; sleeping car, dining car, drawing-room car and palace car companies, refrigerator, oil, stock, fruit, and other car-loaning and other car companies operating upon railroads in this state; companies doing express business on any railroad, steamboat, vessel, or stage line in this state; telegraph companies; telephone companies; companies engaged in the transmission or sale of gas or electricity; insurance companies; banks, banking associations, savings and loan societies, and trust companies; and taxes upon all franchises of every kind and nature, shall be entirely and exclusively for state purposes, and shall be assessed and levied by the state board of equalization, and collected in the manner hereinafter provided. The word "company" and the word "companies" as used in section fourteen of article thirteen of the constitution of this state and in the sections of this code enacted to carry the same into effect shall include persons, partnerships, joint stock associations, companies, and corporations.

1.

History: Enactment approved March 22, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 13; amended March 6, 1883, Stats. and Amdts. 1883, p. 65; April 1, 1897, Stats. and Amdts. 1897, p. 400; March 19, 1907, Stats. and Amdts. 1907, p. 689, Kerr's Stats, and Amdts. 1906-7, p. 170; repealed May 11, 1917, Stats. and Amdts. 1917, p. 336, and present section enacted May 11, 1917, p. 337. In effect immediately.

Assessment of property—Construction. Sections 3664-3670 were intended to and do apply exclusively to taxes therein provided for under the old system of railroad taxation which became operative on the adoption of the constitution of 1879. These provisions

are inapplicable to taxes levied under the constitution as supplemented by the act of 1911 (Stats. 1911, p. 530). Westinghouse Electric & Mfg. Co. v. Chambers, 169 Cal. 131, 145 Pac. 1025.

§ 3664a. PUBLIC UTILITIES TO PAY STATE TAX. 1. All railroad companies, including street railways, whether operated in one or more counties; all sleeping car, dining car, drawing-room car and palace car companies, all refrigerator, oil, stock, fruit, and other car-loaning, and other car companies, operating upon the railroads in this state; all companies doing express business on any railroad, steamboat, vessel, or stage line in this state; all telegraph and telephone companies; and all companies engaged in the transmission or sale of gas or electricity shall annually pay to the state a tax upon their franchises, roadways, roadbeds, rails, rolling stock, poles, wires, pipes, canals, conduits, rights of way, and other property, or any part thereof, used exclusively in the operation of their business in this state, computed as follows: [Percentage of gross receipts.] Said tax shall be equal to the percentages hereinafter fixed upon the gross receipts from operation of such companies and each thereof within this state.

2. [Companies partly within and without state.] When such companies are operating partly within and partly without this state, the gross receipts within this state shall be deemed to be all receipts on business beginning and ending within this state, and a proportion, based upon the proportion of the mileage within this state to the entire mileage over which such business is done, of receipts on all business passing through, into, or out of this state.

3. The percentages above mentioned shall be as follows: On all railroad companies, including street railways, five and one-fourth per cent; on all sleeping car, dining car, drawing-room car, palace car companies, refrigerator, oil, stock, fruit, and other carloaning, and other car companies, three and ninety-five hundredths per cent; on all companies doing express business on any railroad, steamboat, vessel or stage line, nine-tenths of one per cent; on all telegraph and telephone companies, four and twotenths per cent; on all companies engaged in the transmission or sale of gas or electricity, five and six-tenths per cent.

4. [In lieu of other taxes]. Such taxes shall be in lieu of all other taxes and licenses, state, county, and municipal, upon the property above enumerated of such companies except as otherwise provided in section fourteen of article thirteen of the constitution of this state.

5. ["Municipal" defined.] The word "municipal" as used in section fourteen of article thirteen of the constitution of this state and in the sections of this code enacted to carry the same into effect shall apply to incorporated towns and cities formed under article eleven of the constitution of this state and to none other.

History: Enactment approved May 11, 1917, Stats. and Amdts. 1917,

p. 337. In effect immediately.

§ 3664b. TAX ON GROSS PREMIUMS OF INSURANCE COMPANIES. Every insurance company or association doing business in this state shall annually pay to the state a tax of two per cent upon the amount of the gross premiums received upon its business done in this state, less return premiums and reinsurance in companies or associations authorized to do business in this state; provided, that there shall be deducted from said two per cent upon the gross premiums the amount of any county and municipal taxes paid by such companies on real estate owned by them in this state. This tax shall be in lieu of all other taxes and licenses, state, county, and municipal, upon the property of such companies, except county and municipal taxes on real estate, and except as otherwise provided in the constitution of this state; provided, that when by the laws of any other state or country, any taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, are imposed on insurance companies of this state, doing business in such other state or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, imposed upon insurance companies of such other state or country, so long as such laws continue in force, the same obligations and prohibitions of whatsoever kind must be imposed by the insurance commissioner upon insurance companies of such other state or country doing business in this state.

History: Enactment approved May 11, 1917, Stats. and Amdts. 1917, p. 338. In effect immediately.

§ 3664c. TAX ON BANK STOCK. 1. The shares of capital stock of all banks, organized under the laws of this state, or of the United States, or of any other state and located in this state, shall be assessed and taxed to the owners or holders thereof by the state board of equalization, in the manner hereinafter provided, in the city or town where the bank is located and not elsewhere. There shall be levied and assessed upon such shares of capital stock an annual tax, payable to the state, of one and sixteen hundredths per centum upon the value thereof. The value of each share of stock in each bank, except such as are in liquidation, shall be taken to be the amount paid in thereon, together with its pro rata of the accumulated surplus and

undivided profits. The value of each share of stock in each bank which is in liquidation shall be taken to be its pro rata of the actual assets of such bank.

2. [In lieu of other taxes.] This tax shall be in lieu of all other taxes and licenses, state, county, and municipal, upon such shares of stock and upon the property of such bank, except county and municipal taxes on real estate and except as otherwise provided in the constitution of this state.

3. [Value of real estate deducted.] In determining the value of the capital stock of any bank there shall be deducted from the value, as defined above, the value, as assessed for county taxes, of any real estate, other than mortgage interests therein, owned by such bank and taxed for county purposes.

4. [Banks liable for tax.] The banks shall be liable to the state for this tax and the same shall be paid to the state by them on behalf of the stockholders in the manner and at the time hereinafter provided, and they shall have a lien upon the shares of stock and upon any dividends declared thereon to secure the amount so paid.

5. [Tax on unincorporated banks.] The moneyed capital, reserve, surplus, undivided profits, and all other property belonging to unincorporated banks or bankers of this state, or held by any bank located in this state which has no shares of capital stock, or employed in this state by any branches, agencies, or other representatives of any banks doing business outside of the State of California, shall be likewise assessed and taxed to such banks or bankers by the said board of equalization, in the same manner as above provided for incorporated banks, and taxed at the same rate that is levied upon the shares of capital stock of incorporated banks, as provided in the first paragraph of this section.

6. [Branch of bank doing business outside of state.] In the case of a branch, an agency, or other representative of any bank doing business outside of this state, the capital of said branch, agency, or representative used in this state shall be taken to be the average amount owed by the said branch, agency, or representative to the bank of which it is a branch, agency, or representative during the year ending the first Monday in March. The value of said property shall be determined by taking the entire property invested in such business, together with all reserve, surplus, and undivided profits, at their full cash value, and deducting therefrom the value as assessed for county taxes of any real estate, other than mortgage interests therein, owned by such bank or banker and taxed for county purposes. Such taxes shall be in lieu of all other taxes and licenses, state, county and municipal, upon the property of the banks and bankers mentioned in this section, except county and municipal taxes on real estate, and except as otherwise provided in the constitution of this state. All moneyed capital and property of the banks and bankers mentioned in this paragraph shall be assessed and taxed at the same rate as an incorporated bank, provided for in this section. In determining the value of the moneyed capital and property of the banks and bankers mentioned in this section, the said state board of equalization shall include and assess to such banks all property and everything of value owned or held by them which would go to make up the value of the capital stock of such banks and bankers, if the same were incorporated and had shares of capital stock.

7. ["Banks" defined.] The word "banks" as used in section fourteen of article thirteen of the constitution of this state and in the sections of this code enacted to carry the same into effect shall include banking associations, unincorporated banks and bankers, branches, agencies or other representatives of any banks doing business outside of the State of California, savings and loan societies, and such trust companies, as conduct the business of receiving money on deposit, but shall not include building and loan associations.

History: Enactment approved May 11, 1917, Stats. and Amdts. 1917, p. 338. In effect immediately.

§ 3664d. ASSESSMENT AND TAX OF FRANCHISES. All franchises, other than those of the companies mentioned in sections three thousand six hundred sixty-four a, three thousand six hundred sixty-four b, and three thousand six hundred

sixty-four c of this code, shall be assessed at their actual cash value, after making due deduction for good will, in the manner hereinafter provided, and shall be taxed at the rate of one and two tenths per centum each year, and the taxes collected thereon shall be exclusively for the benefit of the state. These franchises shall include the actual exercise of the right to be a corporation and to do business as a corporation under the laws of this state and the actual exercise of the right to do business as a corporation in this state when such right is exercised by a corporation incorporated under the laws of any other state or country, also the right, authority, privilege, or permission to maintain wharves, ferries, toll roads, and toll bridges, and to construct, maintain or operate, in, under, above, upon, through or along any streets, highways, public places, or waters, any mains, pipes, canals, ditches, tanks, conduits or other means for conducting water, oil, or other substances.

History: Enacted May 11, 1917, Stats. and Amdts. 1917, p. 340. In effect immediately.

§ 3665. MUNICIPAL FRANCHISES AND PRIVILEGES. Nothing in any

section of this code shall be construed to release any company from the payment of any amount agreed to be paid or required by law to be paid, now or hereafter, for any special privilege or franchise granted by any of the municipal authorities of this state.

History: Enactment approved March 22, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 14; amended March 9, 1883, Stats. and Amdts. 1883, p. 66; March 19, 1889, Stats, and Amdts. 1889, p. 349; March 31, 1891, Stats. and Amdts. 1891, p. 348; April 1, 1897, Stats. and Amdts. 1897. pp. 401, 427; March 19, 1907, Stats. and Amdts. 1907, p. 961, Kerr's Stats. and Amdts. 1906-7, p. 171; repealed May 11, 1917, Stats. and Amdts. 1917, p. 340. In effect immediately.

As to construction, see ante, § 3664.

§ 3665a. "GROSS RECEIPTS FROM OPERATION" DEFINED. 1. The term "gross receipts from operation" as used in section three thousand six hundred sixty-four a of this code is hereby defined to include all sums received from business done within this state, during the year ending the thirty-first day of December last preceding, including the company's proportion of gross receipts from any and all sources on account of business done by it within this state, in connection with other companies described in said section.

[Hearing on claim of double taxation.] Any company claiming that the levy of the percentage fixed by section three thousand six hundred sixty-four a of this code on the total gross receipts of such company results in double taxation of the property of such company, may máke application to the state board of equalization for a hearing on such matter. Said board shall have power to take evidence and determine the facts with respect to such claim and in event said board finds the claim of such company to be true, said board may authorize such company to deduct from its reported gross receipts that amount of such receipts which, if included in such total gross receipts, would cause such double taxation.

2. [Companies partly within and without state.] In case of companies operating partly within and partly without this state; the gross receipts within this state shall be deemed to be all receipts on business beginning and ending within this state, and the proportion based upon the proportion of the mileage within this state to the entire mileage over which such business is done, of receipts on all business passing through, into or out of this state.

3. No deduction shall be allowed from the gross receipts from operation for commissions, rebates, or other repayments, except only such refunds as arise from errors or overcharges; nor shall any deduction be allowed for payments from gross receipts to other companies for any purpose whatsoever, except such refunds as arise from errors or overcharges.