The San Francisco call., 1898-03-28

tirety and its value as Teuuceu 1T oiHS by the appropriation of part thereol to said public use. The expense or the improvement shall include the Vaiue of the land taken, with the improve ments, if any, thereon. and the expense of the proceedings for Its approprlatioh or condemnation.
 notice and upon such other days as the matter may be continued to, rom tune to time, the Board shall proceed to value the several parcels or land nee. essary to be taken for the purpose oI the intended improvement. Such value shall be ascertained as of the time or said inquiry, independently of any ap- preciation or depreciation that may pc caused to the same by reason or sucl intended improvement, and the 6oaro shall fix such valuation as the amount to he given to the owners therefor. The Board shall also assess the Denc- 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, to- gether with the damages, 1T any, caused by said improvement to the ad- 4acent lands, and the estimated cost and expense of said improvement, in the form of an assessment upon eacn and every lot of land within the dls, trict determined to be affected by salo improvement in proportion to the ben efits which the Board shall determine will be received by said lots and lanoS
 Sec. g. The meetings of the Board, when engaged in making said Valua- tion and assessment, shall De puDHc and held at the office of the Board. and all persons interested in such valua- tiOn and assessment shall have the right to be present and be heard III person or by counsel. All persons claiming any interest in the lands to PA, l {Y17TA will be damaged thereby, are required at or during such hearing, to file with the Board, pIats, and a description or 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 va!ua- tion so authenticated and recorded In the Book of Assessments for Condem- nation shall be pri1na facie evidence of the correctness and regularity of all the proceedings of said Board and of the Supervisors prior to the date or such record.
 Sec. II. In determining the valuation of the property which is taken for said improvement the Board shall In It's re- port set forth, under appropriate head ings, a brief description of each lot 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 rnent for the expense of said improve rnent the Board shall set forth in the assessment under appropriate mead 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. II 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 mo- 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 thirty days it shall complete the same 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 inn 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 a judgment of said Court cd 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 value 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 Hrmation 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 of any objections that may be made there to. Any party interested therein may at any time before the day assigned for 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- hrmation of said report. Upon proof of publication of said notice said Court shall have and take jurisdiction of said report and of the subject matter thereof as a special proceeding; and upon said day and at any other time or times to which said hearing may be adjourned may hear the allegations of the parties and proofs adduced in sup port of the same, and may confirm said report, or change, alter or modify the same, or cause the same to be changed, altered or modified by said Board. Said judgment of confirmation shall be a lien upon each lot of land described in said report for the amount assessed against the same. and shall provide for the conveyance to the City and County of each and every of the lots of land declared necessary for the purpose of said improvement, upon the payment of the value thereof as fixed by such