The San Francisco call., 1898-04-01

by the appropriation of a part thereof to said public use. The expense or the improvement shall include the value of the land taken, with the improve ments, if any, thereon. and the expense of the proceedings for its appropriation or condemnation.
 Sec S. On the day named in said notice and upon such other days as the matter may be continued to, from time to time, the Board shall proceed to value the several parcels of land nec- essary to be taken for the purpose of the intended improvement. Such value shall be ascertained as of the time or said inquiry, independently of any ap- preciation or depreciation that may De caused to the same by reason or sucIi intended improvement, and the boasu shall fix such valuation as the amount to be given to the owners tnerelof' The Board shall also assess the Dene- fits and damages which may result from the contemplated improvement of the lands within said district, ana shall distribute the total value or all the lands and Improvements taken, lo- gether with the damages, II any, caused by said improvement to the ao tacent lands, and the estimated cost and expense of said improvement, Tn the form of an assessment upon each and every lot of land within the ais trict determined to be affected by sald improvement in proportion to the ben efits which the Board shall determine will be received by said lots and Iands-
 Sec g. The meetings of the Board, when engaged in making said valua- ton and assessment, shall be public and held at the office of the Board, ana all persons interested in Such- Va4ud- ton and assessment shall nave the right to be present and be heard Tn person or by counsel. All persons iy,fa in be taken for said improvement, or that will be damaged thereby, are required at or during such hearing, to file with the Board, plats, and a description Of their respective lots of land. @-, Sec. 10. In making said assessment and valuation the Commissioners shall act as a Board, and said assessment and valuation shall be authenticated by the signatures of said Commission CTS; and every assessment and VaIua- tion so authenticated and recorded in the Book of Assessments for Condem- nation shall be prima facie evidence of the correctness and regularity or all the .proceedfngs of said Board and of the Supervisors prior to the date or such record. l.. F Sec. IL In determining the valuation of the property which is taken for said improvement the Board shall in Its re- port set forth, under appropriate head 
 thereof the amount allowed for the - same. the name of the owner of each lot when known (and if unknown, that fact shall be stated), and the name of any claimant thereto, or to any inter- est therein; and in making the assess nent for the expense of said improve ment the Board shall set forth in the assessment, under appropriate head ings. a brief description of each lot assessed, the amount assessed against the same, the person to whom said property was assessed upon the next preceding Assessment Book of the City and County, the owner thereof, If known (and if unknown, that fact shall be stated), and the total amount of the expense of said improvement.
 Sec. 12. Upon the completion of said valuation and assessment, the Board shall cause to be published for ten days a notice of the completion of said as- sessment and valuation, notifying all parties therein to examine the same; and for that purpose said assessment, valuation and map shall be opened and exhibited to public inspection at the office of the Board for thirty days after the first publication of said no- tice. During said period of thirty days, but not thereafter, the Board may alter, change or modify said as sessment. Upon the expiration of said
 
 in the form of a report and schedule, embracing the value of the lands taken and the assessment of said value, to- gether with the expense of the i'm provement, as hereinbefore provided, upon the several lots of land embraced within the aforesaid district. Said re- port and schedule shall, within sixty days after the first publication of the last mentioned notice, be filed in the office of the County Clerk, together with a petition signed by the President of said Board, to the Superior Court, praying for judgment Of said Court confirming the assessment contained therein against the respective lots therein described as assessed, and for the condemnation and conveyance to the City and County, upon the payment of the ve,lue thereof as ascertained by said report, of each of the lots of land alleged in said petition to be necessary to be taken for said improvement.
 Sec. 13 On filing such petition, and upon application to said Court, the Presiding Judge thereof shall appoint some day, not less than ten nor more than thirty days thereafter, as the time when any objections to the con- f1rmation of said report will be heard by said Court. The Clerk of said Court shall thereupon cause to be published for ten days in the official newspaper a notice of the filing of said report and of the day assigned for the hearing oi any objections that may be made there. to- Any party interested therein may at any time before the day assigned fol the hearing thereof file In said Court his objections in writing to the confirm, ation of the same, specifying his objec- tions; and all objections not specified shall be deemed waived. Upon the day fixed in said order said Court shall pro- ceed to the hearing of any objections that may have been filed to the con- firmation of said report. Upon proof o1 publication of said notice said Cour1 shall have and take jurisdiction of sait report and of the subject matter thereof as a special proceeding; an6 upon said day and at any other time or times to which said hearing may bt adjourned may hear the allegations ol the parties and proofs adduced in sup. port of the same, and may confirm sai6 report, or change alter or modify the same, or cause the same to be changed altered or modified by said Board. Sai6 Judgment of confirmation shall be z lien upon each lot of land described fl said report for the amount assessed against the same, and shall provide fo, the conveyance to the City and County of each and every of the lots of lani j.; declared necessary for the purpose. o said improvement, upon the payment O. 2 Q Ina a l-.