The San Francisco call., 1898-04-08

part, and the amount thereof. There. upon the Secretary of the Board shah 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 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 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. IA. 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 .1Yf -1-4f who claim that the work has not been performed according to the contract in 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 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 1 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.
 modify or correct the assessment in
 such manner as to them shall seem | just; and require the work to be con- 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 CT
 diagram In any particular, or to make and issue 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 l 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. l 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- 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 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 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 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 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 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
 thesprovisions 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- 1ax, oo,,r+ ar p1ace or anv norfiop of