The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-04-13

part. and the amount thereof There
upon the Secretary of the Board shall
record the return so made In the mar
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
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 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 it's office on
the payment to it 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. A. 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
Dbl r. yA,-lyc ~,
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
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 CT 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
ings objected to or oJmplained 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 OPP
ton 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 SUI
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. Is. At any time after the period
of thirty-five days from the day of the
date of the warrant, or II an appeal
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-five days from the date of the
warrant, the contractor or his assignee
may sue in his own name the owner or
the mortgage of the land, lots, or por-
tons 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 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 a 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
aDle COSTS, NEUTRALITY-SUSPICIOUS. llldI Tie
suit may be settled or a 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
nom 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 49, 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.