The San Francisco call., 1898-04-14

record the T6IuT1l SO IndOS III lllc llldr-
 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 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 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 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 | a good and substantial manner, or hQ ny.y al lyiy10 nh1poftny, +n ha ! correctness or legality of the assess l 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 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 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 ! | 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- 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 CT 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 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 attorney's 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
 
 n-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 adiudge 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
 xuit the nI1hljc