Swamp-Land Reclamation District No. 407 v. Wilcox

Swamp Lands—Assessments—Order of Board of Supervisors— Alteration—Evidence.—In an action by a swamp-land reclamation district to enforce the payment of a swamp-land assessment, plaintiff offered in evidence an order appearing in the “minute-book” of the board of supervisors, in which, by Political Code, sections 4029-4031, all orders of the board are required to be recorded; and it was conceded that, without the direction of the board, the order had been altered by B., who at the time of the entry, but not at the time of the alteration, was ex-officio clerk of the board. B. testified, against objection, that he made the alteration to correct what appeared to him, on examination,' to be a clerical error of his deputy, now deceased, the then acting clerk of the board. The “rough minute-book,” containing the original entry from which the record was made, and to which the altered record conformed, was also admitted against objection. Held, that it was error for the court to admit the order in evidence.

Swamp Lands — Assessment •— Record — Alteration—Parol Evidence.—Held, further, that the order was a record which B. had no right to alter or amend, and that parol proof was inadmissible to correct or change the record.

Swamp Land—Assessment Lists—Description.—Under Political Code, section 3461, requiring. certain assessment lists to contain “a description, by legal subdivisions, swamp-land surveys, or natural boundaries,” a description, naming the adjoining proprietors on the respective boundaries, is sufficient.

Swamp Land — Assessments and Benefits — Duty of Commissioners.—Political Code, section 3456, provides that assessments for swamp-land improvements shall be proportionate to the resulting benefit, and section 3461 provides, among other requisites, that the list must contain “the amount of the charge assessed against each tract.” The list in question conformed to the requirements of section 3461. Held, that the commissioners were not required to report that, in making the assessment, they had complied with section 3456, and that in the absence of evidence to the contrary, they must be presumed to have regularly performed their official duty.

Swamp Land—Assessment List.—In an Action to Enforce the Payment of a swamp-land assessment, it appeared that, in the assessment list, there was no dollar-mark before the figures opposite defendant’s name, under the heading “Amount of charges assessed.” In a number of assessments the dollar-mark preceded the figures under that heading, and in others the mark did not appear. Held, that the figures must be construed to represent dollars.

Swamp Land—Oath of Commissioners.—The Commissioners of Swamp-land Assessments were verbally sworn before viewing the land, but it did not appear that they subscribed their oath and filed it in the county clerk’s office, as required of all “officers” by Political Code, sections 904, 909. Held, that whether the commissioners were or were not “officers,” within the meaning of those sections, a failure of strict compliance with their requirements would not avoid official acts fully performed.