The San Francisco call., 1898-03-29

record the return so iIiade HI the indf- gin of the record of the warrant and assessment.
 The Board can at any time receive the amount due upon any assessment and warrant issued by 1t and give good and sufficient discharge therefor, but no such payment so made after suit has been commenced shall operate. without the consent of the plaintiff in the action, as a complete discharge of the licn until the costs in the action
 shall be refunded to the plaintiff.
 The Board may release any assess ment upon the books or it's office on the payment to 1t of the amount of the 1 assessment with interest against any lot or on the production to 1t of the
 receipt of the party or his assigns to whom the assessment and warrant were issued. If any contractor shall fail to return his warrant within the time and in the form provided in this
 section he shall thenceforth have no lien upon the property assessed; but if any warrant Is lost, upon proof of such loss @ duplicate may be issued. upon which a return may be made with the same effect as if the original had been so returned. After the return of the
 assessment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of seven per centum per annum until paid.
 Sec. IA. The owners, whether named in the assessment or not, the contrac- tor or his assigns, and all other per sons directly interested In any work
 provided for in this Chapter. or in the assessment, feeling aggrieved by any act or determination of the Board of Public Works in relation thereto. or who claim that the work has not been performed according to the contract in a good and substantial manner. or having or making any objection to the correctness or legality Of the assess ment or other act, determination, or
 proceedings of the Board, snail, within thirty days after the date of the war rant, appeal to the Supervisors, by briefly stating their objections in writ ing and filing the same with the Clerk of the Supervisors. Notice of the time and place of the hearing, briefly re- ferring to the work contracted to be
 done, or other subject of appeal, and
 to the acts, determinations or proceed ings objected to or complained of, shall be published for five days. Upon such appeal the Supervisors may remedy and correct any error or informality in the proceedings, and revise and cor rect any of the acts or determinations of the Board relative to said work,
 may confirm, amend, set aside, alter. modify or correct the assessment in such manner as to them shall seem just; and require the work to be com pleted according to the directions of the Supervisors, and may at their op- tion direct the Board of Public Works to correct the warrant, assessment CT diagram in any particular, or to make and issue a new warrant, assessment and diagram to conform to the deci- sions of the Supervisors in relation thereto.
 All the decisions and determinations of the Supervisors, upon notice and l hon hn fin conclusive upon all persons entitled to appeal under the provisions of this section as to all errors, informalities and irregularities, which the Supervis- ors might have remedied and avoided; and no assessment shall be held 1n- valid, except upon appear to the Su-
 peryisors, as provided in this section, for any error informality or other
 defect in the proceedings prior to the assessment or in the assessment it. self. where the Board of Public Works has acquired jurisdiction to make the same.
 Sec. 15. At any time after the period of thirtv-fiye days from the day of the date of the warrant, or if an appeal
 has been taken to the Supervisors, then. at any time after five days from the decision of the Supervisors on such ap-
 peal, or after the return on the war rant after the same may nave been | corrected. in provided, but not less than within thfrty-five days from the date of the
 warrant. the contractor CT his assignee may sue in his own name the owner or the mOrtgagee of the land, lots or DOT tions of lots assessed on the day of
 the date of the recording or the war rant assessment and diagram, or any day thereafter during the continuance
 of the lien of said assessment, and re- cover the amount of any assessment remaining unpaid, with interest there on at the rate of seven per centum per
 annum until paid.
 In all cases of recovery under the
 provisions of this Chapter the plain tiff shall recover the sum of fifteen dol- lars in addition to the taxable costs,
 as attorneys fees, but not any percent
 age upon said recovery. When suit has
 been brought, after personal demand
 has been made and refusal to pay
 such assessment so demanded, the
 plaintiff shall also be entitled to have
 and recover said sum of fifteen dollars
 as attorneys fees in addition to all tax
 able costs, notwithstanding that the
 suit may be settled or a tender be
 made before a recovery in said action,
 and he may have Judgment therefor.
 Said warrant, assessment and dia-
 gram, with the affidavit of demand and
 non-payment, shall be held prima facie
 evidence of the regularity and correct
 ness of the assessment and of the prior
 proceedings and acts of the Board of
 Public Works and of the Supervisors
 upon which said warrant. assessment
 and diagram are based. and like evidence
 of the right of the plaintiff to recover in
 the action. The Court in which said suit
 shall be commenced shall have power
 to adjudge and decree a lien against
 the lots of land assessed, and to order
 such premises to be sold on execution
 as in other cases of the sale of real
 estate by the process of said Courts.
 In all actions brought to enforce the
 lien of assessments made pursuant to
 the provisions of this Chapter the pro-
 ceedings therein shall be governed and
 regulated by the provisions of this
 Chapter, and, when not in conflict here
 with, by the Codes of this State.
 Sec 16 When any portion of the
 roadway of any street, avenue, lane, al-
 ley, court or place, or any portion of
 any sidewalk, in the City and County.
 none of which has been accepted by the Supervisors as in this Chapter provided,
 shall be so out of repair as to endanger persons or property passing thereon, or
 so as to interfere with the public con-
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