The San Francisco call., 1898-04-08

spectively by said certified owners and their successors in interest; but he shall not include any grading quanti- ties or credit any sums in excess of the proportfonate assessments for the whole of the grading which are made upon any lots and lands fronting upon said street and belonging to any such certified owners or their successors in interest When any owner or owners of any lots and lands fronting on any street shall have heretofore done, or shall hereafter do any work, except grading. on such street, in front of any block, at his or their own expense, and the Supervisors shall subsequently or der any work to be done of the same class in front of the same block, the work so done at the expense of such owner or owners shall be excepted from the order ordering work to be done, as provided in subdivision ten of this section; but the work so done at the. expense of such owner or owners shall be upon the official grade, and in condition satisfactory to the Board of Public Works at the time said order Is passed.
 Subdivision Ten-The Board of Pub- lie Works may include in the resolu- tion of intention any of the different Kinds of work mentioned in this Chap ter, and 1t may except therefrom any or said work already done upon the street to the official grade. The lots and portions of lots fronting upon said accepted work already done shall not be included in the frontage assessment for the class of work from which the exception is made; but this shall not be construed so as to affect the special provisions as to grading contained in subdivision nine of this section.
 Subdivision Eleven-When the reso- lution of intention declares that the expense of the work and improvement is to be assessed upon a district, inn mediately after the contractor has full filled his contract to the satisfaction of the Board of Public Works, or to the satisfaction of the Supervisors on appeal, the Board of Public Works shall proceed to estimate upon the lands, lots. or portions of lots within said assessment district, as shown by the diagram provided for in section five of this Chapter, the benefits arising from such work, and to be received by each such lot, portion of such lot, piece or subdivision of land, and shall thereupon assess upon and against said lands in said assessment district the total amount of the ex- pense of such proposed work. and in so doing shall assess said total sum upon the several pieces, parcels, lots, or portions of lots, and subdivisions of land in said district benefited thereby, to wit: Upon each respectively in proportion to the estimated benefits to be received by each of said several lots, portions of lots, or subdivisions of land. In other respects the assessment shall be as provided in this Chapter.
 Sec. 10. If at any time there shall be any street work or improvement done. and none of the methods hereinbefore provided are legally sufficient to au- thorize the Board of Public Works to make an assessment to pay for the ex- pense thereof, then said Board shall, before 1t passes a resolution of its in- tention to recommend the ordering of said work or improvement, establish by resolution method by means of which such assessment shall be made; and on the completion of the work or improvement to the satisfaction of said Board, or to the satisfaction of the Supervisors on appeal, said Board shall make an assessment to pay the ex- pense thereof according to the method established by said resolution.
 Sec. II. In making all assessments the Board of Public Works shall act as a Board, and the assessment shall be authenticated by the signatures of all the members thereof.
 Sec. 12 To said assessment shall be attached warrant which shall be II of Public Works and countersigned by the Secretary thereof. Said warrant shall be substantially In the following form:
 By virtue hereof the Board of Pub lie Works of the City and County of
 San Francisco, by the authority vested in 1t, does authorize and empower (name of contractor) (his or their) agents, or assigns, to demand and re- ceive the several assessments upon the assessment and diagram hereto at- tached, and this shall be (his or their) warrant for the same.
 Date)-. (Name of President of Board of Public Works.)
 Countersigned by (Name of Secre- tary of Board of Public Works.)
 Said warrant, assessment and dia- gram shall be recorded in tl:e office of the Board. When so recorded the sev- eral amounts assessed shall be lien upcn the lands, lots, or portions of lots assessed, respectively for the period of two years from the date of said record ing. unless sooner discharged; and from and after the date of said record ing of any warrant, assessment and diagram, all persons interested in said aSst ssment shall be deemed to have mo- tice Cf the contents of the record thereof.
 After said warrant, assessment and diagram are tIle SdIIle Sldll be delivered to the contractor, or his agent or assigns, on demand, but not until after the payment to the Board oe the incidental expenses not previ- ously paid by the contractor or his as- signs. By virtue of said warrant said contractor, or his agents or assigns, shall be authorized to demand and re- ceiVe the amount of the several assess nents made to cover the sun: due fer the work specified in such contracts and assessments.
 When it shall appear by the final judgment of any court in this State having jurisdiction to render such judg- ment, that any suit brought to foraclose the Her of any assessment for street work made under this Chapter, or in tke recording thereof, has been defeated by reason of any defect, error, infor- mality, omission, irregularity, or ille- ga'ity, thereof or therein, or in the re- turn on the warrant issued pursuant to any such assessment, or in the record ing of any such warrant, any person in- terested therein may, at any time with in seven months after the entry of said final judgment, apply to the Board for another assessment to be issued in con- formity to law: and the Boacd shall, within sixty days after the time of coid anp1ioa tion make and f1a1{xya,. +n