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CHAPTER XV.

LICENSES.

ARTICLE II.

Classification and Taxes.

(See, also, "License Tax," statutes at large, Appendix.) Bridge, ferry, wharf, chute, or pier license.

SEC. 3378.

3379. Brokers, trust companies, and others.

Bridge, ferry, wharf, chute, or pier license.

§ 3378. Licenses to take tolls on bridges, ferries, wharves, chutes, or piers are fixed annually by the boards of supervisors. The licenses therein provided for are issued by the county auditor, and must be obtained from the tax collector of the county.

Enacted March 12, 1872.

Toll bridges and ferries: See Pol. C. §§ 2843-2895; see, also Pol. C. § 4041.

Delinquent license tax, proceedings to collect: See "License Tax," statutes at large, Appendix, for act of March 21, 1872. Wharves, chutes, and piers: Pol. C. §§ 2906-2921. Omitting to procure license: Pen. C. § 435.

Brokers, trust companies, and others.

$3379. Persons engaged in banking, loaning money at interest, or in buying or selling notes, bonds, or other evidences of indebtedness of private persons; or in buying or selling state, county or city stocks, or other evidences of state, county, or city indebtedness; or stocks, or notes, bonds, or other evidences of indebtedness of incorporated companies; or in buying or selling gold dust, gold or silver bullion, or gold or silver coin, are divided into six classes, and must pay licenses as follows:

1. Those doing business in the aggregate to the amount of two hundred and fifty thousand dollars per quarter and over, constitute the first class, and must pay a license of one hundred dollars per quarter;

2. Those doing business to the amount of two hundred thousand dollars, and less than two hundred and fifty thousand dollars per quarter, constitute the second class, and must pay a license of eighty dollars per quarter;

3. Those doing business to the amount of one hundred thousand dollars, and less than two hundred thousand dollars per quarter, constitute the third class, and must pay a license of forty dollars per quarter;

4. Those doing business to the amount of fifty thousand dollars, and less than one hundred thousand dollars per quarter, constitute the fourth class, and must pay a license of twenty-five dollars per quarter;'

5. Those doing business in any amount under fifty thousand dollars, and over five thousand dollars per quarter, constitute the fifth class, and must pay a license of fifteen dollars per quarter;

6. Those doing business in any amount under five thousand dollars per quarter, constitute the sixth class, and must pay a license of three dollars per quarter. Enacted March 12, 1872.

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§ 3607. All property in this state, not exempt under the laws of the United States, excepting fruit and nut-bearing trees under the age of four years from the time of planting in orchard form, and grapevines under the age of three years from the time of planting in vineyard form, growing crops, property used exclusively for public schools, free public libraries, and free museums, and such as may belong to the United States, this state, or to any county or municipal corporation within this state, is subject

to taxation, as in this code provided; but nothing in this code shall be construed to require or permit double taxation. Amended March 28, 1895; stats. 1895, p. 310.

62 Cal. 115; 67 Cal. 111; 99 Cal. 675; 108 Cal. 193; 134 Cal. 480; 137 Cal. 524; 148 Cal. 85; 149 Cal. 586; 153 Cal. 569; 6 Cal. App. 181, 352.

"Property" defined, as subject to taxation; See Pol. C. § 3617. The taxing of the property of a corporation, as well as the shares of the stock, is expressly declared to be double taxation: Pol. C. § 3608.

Exemptions authorized by Constitution of California: See art. XIII, § 1.

Shares of stock in corporations.

§ 3608. Shares of stock in corporations possess no intrinsic value over and above the actual value of the property of the corporation which they stand for and represent; and the assessment and taxation of such shares, and also all the corporate .property, would be double taxation. Therefore, all property belonging to corporations, save and except the property of national banking associations, not assessable by federal statute, shall be assessed and taxed. But no assessment shall be made of shares of stock in any corporation, save and except in national banking associations, whose property, other than real estate, is exempt from assessment by federal statute.

Amended March 14, 1899; stats. 1899, p. 96.

62 Cal. 115; 116 Cal. 22; 142 Cal. 282; 149 Cal. 578, 586, 587, 588, 589, 591; 153 Cal. 562, 564, 565, 566, 567, 569, 570.

Shares of national banks.

$ 3609. The stockholders in every national banking association doing business in this state, and having its principal place of business located in this state, shall be assessed and taxed on the value of their shares of stock therein; and said shares shall be valued and assessed as is other property for taxation, and shall be included in the valuation of the personal property of such stockholders in the assessment of the taxes at the place, city, town, and county where such national banking association is located, and not elsewhere, whether the said stockholders reside in said place, city, town, or county, or not; but in the assessment of such shares, each stockholder shall be allowed all

the deductions permitted by law to the holders of moneyed capital in the form of solvent credits, in the same manner as such deductions are allowed by the provision of paragraph six of section thirty-six hundred and twenty-nine of the Political Code of the State of California. In making such assessment to each stockholder, there shall be deducted from the value of his shares of stock such sum as is in the same proportion to such value as the total value of its real estate and property exempt by law from taxation bears to the whole value of all the shares of capital stock in said national bank. And nothing herein shall be construed to exempt the real estate of such national bank from taxation. And the assessment and taxation of such shares of stock in said national banking associations shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of individual citizens of this state. Enacted March 14, 1899; stats. 1899, p. 96.

Same.

149 Cal. 578, 579, 580.

§ 3610. The assessor charged by law with the assessment of said shares shall, within ten days after he has made such assessment, give written notice to each national banking association of such assessment of the shares of its respective shareholders; and no personal or other notice to such shareholders of such assessment shall be necessary for the purpose of this act. And in case the tax on any such stock is unsecured by real estate owned by the holder of such stock, then the bank in which said stock is held shall become liable therefor; and the assessor shall collect the same from said bank, which may then charge the amount.of the tax so collected to the account of the stockholder owning such stock, and shall have a lien, prior to all other liens, on his said stock, and the dividends and earnings thereof, for the reimbursement to it of such taxes so paid.

Enacted March 14, 1899; stats. 1899, p. 97.

149 Cal. 578, 579, 580.

Exemption of church property.

§ 3611. All buildings, and so much of the real property on which they are situated as may be required for the convenient use and occupation of said buildings, when the same are used solely and exclusively for religious worship, shall be free from taxation; provided, that no building so used which may be rented for religious purposes and rent received by the owner

therefor shall be exempt from taxation. That any person claiming property to be exempt from taxation under this section shall make a return thereof to the assessor annually, the same as property is listed for taxation, and shall accompany the same by an affidavit showing that the building is used solely and exclusively for religious worship, and that the described portion of the real property claimed as exempt is required for the convenient use and occupation of such building, and that the same is not rented for religious purposes and rent received by the owner therefor.

Enacted February 12, 1903; stats. 1903, p. 21.

See, also, Constitution of California, art. XIII, § 12.

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§ 3617. Whenever the terms mentioned in this section are employed in this act, they are employed in the senses hereafter affixed to them:

First-The term "property" includes moneys, credits, bonds (except railroad or quasi-public corporations), stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership.

Second-The term "real estate" includes:

1. The possession of, claim to, ownership of, or right to the possession of land.

2. All mines, minerals, and quarries in and under the land, all timber belonging to individuals or corporations, growing or being on the lands of the United States, and all rights and privileges appertaining thereto.

3. A mortgage, deed of trust, contract or other obligation by which a debt is secured, when land is pledged for the payment and discharge thereof, shall, for the purpose of assessment and taxation, be deemed and treated as an interest in the land so pledged.

4. Improvements.

Third-The term "improvements" includes:

1. All buildings, structures, fixtures, fences and improvements

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