The San Francisco call., 1898-04-07


 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 it and give a 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 lien until the costs in the action shall be refunded to the plaintiff.
 The Board may release any assess ment upon the books of its office on the payment to 1t of the amount of the assessment with interest against any lot or on the production to it 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 a 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. 14. 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 good and substantial manner, or l.. y,t, ohinnfin,o &o correctness or legality of the assess ment or other act, determination, or proceedings of the Board, shall, 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 tngs 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 or 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 hearing as aforesaid, shall be final and 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 in- valid. except upon appeal to the Su- pervisors. 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 thirty-five 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-
 
 rant, after the same may have been corrected altered or modified. as here in provided. but not less than within thirty-five days from the date of the warrant, the contractor or 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 of the war rant, assessment and diagram, or any
 
 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 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 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 xrif tho y1YJh1io