Swamp Land District No. 307 v. Gwynn

Citations

• 70 Cal. 566
• 12 P. 462
• 1886 Cal. LEXIS 847

Syllabus

<p>Swamp Land—Reclamation—View by Commissioners—Joint View not Necessary__Under section 3456 of the Political Code, the commissioners appointed to make an assessment for the reclamation of swamp land need not act jointly in viewing the lands within the district.</p> <p>Id. —Sufficiency of View—Finding—Evidence.— The court found that the lands in the district, and each and every tract thereof, were viewed by the commissioners. At the time of the view, the lands were mostly covered with water, but the commissioners were at a point where they could look over the whole area of the district and see every part of it, except a few small parcels along its eastern margin, which were hidden from view by trees. Held, that the finding was sustained by the evidence, and that the view was not insufficient in point of law.</p> <p>Id.—Assessment Roll—Evidence to Contradict—Arbitrary Assessment. — Conceding that the assessment roll of a swamp-land district, when properly certified by the commissioners, becomes an official record within the meaning of sections 1920 and 1926 of the Code of Civil Procedure, and evidence of all the facts recited in it, still it is only primai fade evidence, and may he contradicted by showing that the assessments were arbitrarily made without reference to the proportionate benefits to he derived to each piece of land assessed by reason of the proposed work.</p> <p>Id___Satisfaction of Assessment—Tender of Warrant of District. — The defendants tendered in payment of the assessment a warrant of the district for a larger sum than the amount of the assessment. The warrant was owned by a third person, and was tendered only for the purpose of having the assessment indorsed thereon, and was not intended to he given up and canceled. Held, that the tender was not a satisfaction of the assessment under section 3465 of the Political Code.</p>