The San Francisco call., 1898-03-28

record the return so Hldue III eile HldF- 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 a good and sufficient discharge therefor. but no such payment so made after
 suit has been commenced snail 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 meut 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 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 pr0o1 or 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 annuln until pald 1t. 1 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 1 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 1 correctness or legality of the assess
 ment or other act, determination, or
 proceedings of the Board, shall, within l 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- 1 ferring to the work contracted to be
 done, or other subject of appeal, and
 to the acts, determinations or proceed l 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. i modify or correct the assessment in such manner as to them shall seem inst. and require the work to be com
 pIeted 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 1 thereto.
 1 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 tkis | 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- Dervisors. as provided in this section. 1 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 1 same.
 Sec. 15. At any time after the period of thirty-five days from the day Of the date of the warrant. or 1T an appear
 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 have been corrected. altered or modified. as here in provided, but not less than within thirty-fiye days from the date ot 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 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 doI- lars in addition to the taxable costs, as attorneys fees, but not any percent age upon said recovery. When suit has been brought, after a personal demand
 has been made and a 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 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- vepiance in the 11se thereof the Roa rd