the owners, lessees, and claimants thereof, so far as the same can be ascertained conveniently by said Board; and if not ascertained, shall set them down to unknown owners. Error, however, in the designation of the owner or owners of any lot taken or assessed shall not affect the validity of the assessment. The said Board shall also attach to said report suitable maps, plans, or diagrams, showing the property taken and assessed for said improvement, in lots and subdivisions, with the names of the owners, lessees, and claimants, as far as known to said Board. Such report, as soon as the Report to be same is completed, shall be left at the office of said Board open for daily, during ordinary business hours, for thirty days, for the free inspection of all parties interested; and notice that the same is so open for inspection for such time and such place shall be published by said Board daily for twenty days, in two daily newspapers printed and published in said city and county.

inspection.

Court

SEC. 9. Any person interested in any piece or parcel of Parties may land situated within the district defined and described in petition section four of this Act, or in any of the lands taken for said against street, or in any improvements damaged by the opening of report. said street, feeling himself aggrieved by the action or determination of the said Board, as shown in said report, may, at any time within the thirty days mentioned in section eight of this Act, apply by petition to the County Court of the City and County of San Francisco, setting forth his interest in the proceedings had before said Board, and his objections thereto, for an order on said Board, requiring it to file with said Court the report of said Board, and such other documents or data as may be pertinent thereto, in the custody of said Board, and used by it in preparing said report. Said Court is hereby Hearing of authorized and empowered to hear said petition, and shall petition. set the same down for a hearing within ten days from the date of the filing thereof; and the party filing said petition shall, on the day he files the same, or within five days thereafter, serve a copy thereof on at least one of the members of the Board of Commissioners, and said Board may appear, by counsel or otherwise, before said Court, in response to said petition. Said Board may file a written answer to said petition with said Court. Testimony may be taken by said Court upon said hearing, and the process of the Court may be used to compel the attendance of witnesses and the production of books, or papers, or maps in the custody of said Board, or otherwise. It shall be in the discretion of said Court, after hearing and considering said application, to allow said order or deny the same; and if granted, a copy thereof shall be served on said Board, and it shall proceed to obey the same according to the terms of the order, to be prescribed by the Court. But in case no such petition shall be filed with said County Court within the time above limited for the filing thereof, the said report shall be presented by the said Board to the said County Court, with a petition to the Court that Hearing of the same be approved and confirmed by the Court. The report. Court shall have power to approve and confirm said report, or refer the same back to said Board with directions to alter

or modify the same in the particulars specified by the Court in the order referring the same back, and thereupon the said Board shall proceed to make the alterations and modifications specified in the order of said Court. The alterations and modifications aforesaid being made, the report shall be again submitted to said Court, and if the Court, upon examination, shall find that the alterations and modifications have been made according to the directions contained in said order, the said Court shall approve and confirm the same by an order to be entered on its minutes; but if the said Board shall have neglected or failed to make the alterations and modifications set forth in the order of reference, the Court may again refer the report back to said Board, and so on until its original order of alteration and modification Approval, shall have been complied with by said Board, and the said Court shall then approve and confirm said report.

Damages, costs, etc., how paid.

Compensa

tion for

lands taken.

Same.

SEC. 10. All the damages, costs, and expenses arising from, or incidental to, the opening, establishing, grading, macadamizing, and culverting of said street, and the grading, macadamizing, and culverting of the other portions of Seventh Street, mentioned herein, being fixed and determined by the final confirmation of the report, as in this Act provided, and from time to time, as the said work of grading, macadamizing, and culverting said Seventh Street, from said line of King Street to the westerly line of Kentucky Street, progresses, and as the said Board shall deem necessary to speedily complete said work, said Board shall issue and deliver their warrant upon the treasury of the City and County of San Francisco, for such an amount as shall be necessary to pay and discharge all of said damages, costs, and expenses as aforesaid, including for grading, macadamizing, and culverting Seventh Street, from said line of King Street to said line of Center Street, as herein provided, to be paid out of the Seventh Street Fund, save and except the cost and expenses of constructing the bridge mentioned herein.

SEC. 11. Any person or persons to whom damages shall be awarded according to the provisions of this Act, upon tendering to the said Board a satisfactory deed of conveyance to said city and county, of the land for which said damages were so awarded, shall be entitled to have, and there shall be issued to him, a warrant upon the treasury of the said city and county for an amount equal to the sum of the damages, as awarded for the lands conveyed as aforesaid, together with the damages for the improvements thereon, or affected thereby, to be paid out of the Seventh Street Fund: and the sums so paid shall be accepted, and shall be in full compensation of and for all damages for lands and improvements taken and improvements injured, as contemplated in this Act.

SEC. 12. The money collected for the purposes of this Act shall be paid to the Treasurer of said city and county, who shall receive and safely keep the same as moneys belonging to said city and county are kept; and said fund shall be known and designated as the Seventh Street Fund. As soon

as said assessment shall have been received, as in this Act provided, the Board of Commissioners shall give public notice in two daily newspapers, published in said city and county, for at least ten days, that they are prepared to pay in full all damages and liabilities fixed by the final report of said Board (and not already discharged); and upon receiving from the parties entitled thereto the proper deeds or proper acquittances from those entitled to compensation, the said Board shall give to such party an order upon the treasury for the amount shown to be due, according to said finally approved report, and the Treasurer shall pay said order out of said Seventh Street Fund.

adjust

SEC. 13. The assessment therefor, however, and as here- Assessments, inafter provided, shall be adjusted and distributed according, collected, to the enhanced values of the respective parcels of land as and applied. fixed in the said final report by the said Board. The Tax Collector of said city and county shall annually, at the same time and in the same manner as State, city, and county taxes are collected in said city and county, collect all assessments and amounts levied or assessed under this Act, and when collected, shall pay the same over to the Treasurer of said city and county, and shall constitute a part of the Seventh Street Fund, and be paid out by said Treasurer only in payment of the expenses, damages, and liabilities under this Act, as the same becomes due; and there shall be levied, assessed, and collected annually, as in this Act provided, commencing with the year eighteen hundred and seventy-seven, at the same time and in the same manner as said taxes are now, or as they may hereafter be levied, assessed, and collected in said city and county, and upon the same lands, and in accordance with the same rules of assessments upon enhanced values, as provided in this Act and section, an assessment of a sufficient amount to pay all expenses, damages, and liabilities which may be contracted or incurred under the provisions of this Act, and the full completion of the work contemplated herein. The Tax Collector and Treasurer of said city and county shall be held liable on their respective official bonds for the safe-keeping of all moneys collected and received by them, or either of them, under this Act. The Treasurer and Tax Collector shall keep a full and accu- Records of rate account and record of all their proceedings under this proceedings. Act, and all books and papers pertaining to matters provided for in this Act shall at all times during office hours be open to public inspection, and all laws which are now applicable to, or that may be hereafter made applicable to the collection of State, city, and county taxes in said city and rounty, are, and the same are hereby made applicable to the collection of all assessments and amounts of assessments levied or assessed under or by virtue of the provisions of this Act, save and except that the County Court of said city and county shall have exclusive jurisdiction, the same as in "special proceedings," as now defined by law, in all actions, matters, and questions which may arise or be brought before it, under this Act, for hearing or adjudication; the words County Court of the City and County of San Francisco to be

Actions.

Block-books,

substituted for the words District Court, whenever the same occurs in any of said laws; and the said County Court shall make all orders and issue all writs which may be necessary to enforce the payment of all moneys and assessments which may be levied or apportioned against any and all lots or parcels of land within said district, as in this Act provided, and judgment may be entered up against such lots or parcels of land, and the owner of any and all lots of land within the said district, upon which the amount of the assessment shall not be paid within the time now limited by law for the payment of State and city and county taxes; and such assessment shall, from the time of the levying thereof, be a lien upon such lot or parcel of land, and shall be sold for the payment of the amount of such assessment and costs, under the judgment of said County Court. All actions to enforce the payment of assessments under this Act shall be brought and prosecuted in the name of the City and County of San Francisco.

SEC. 14. The said Board of Commissioners shall cause must show block-books to be prepared, exhibiting the district declared herein to be assessable by the opening, grading, macadamizing, and culverting of said street, and the grading, macadamizing, and culverting Seventh Street, from King to Center Street, according to the blocks, or fractional parts of blocks thereof, and the subdivisions according to which the benefits were fixed and determined; also, in convenient book form, descriptions of the several subdivisions shown on said blockbooks, and shall set opposite to each description of such several subdivisions the amount of benefits or enhanced value to said subdivision as established by said confirmed report, by reason of the opening of said street, and the grading, macadamizing of Seventh Street, from King to Center Street, as herein provided. Said block-books and description notebooks shall be certified by the said Board, and then delivered by the said Board to the Assessor of the City and County of San Francisco, in whose office they shall be kept as a part of the records of his office until all the expenses, damages, and liabilities incurred in pursuance of this Act shall have been discharged. Taxes levied to pay the said expenses, damages, and liabilities, in pursuance of the provisions of this Act, shall be appropriated on the lands described in section four of this Act, in strict accordance with the enhanced values of the respective parcels thereof, as established by said confirmed report; provided, however, that if there shall be subdivisions made of particular parcels of land, differing from those set forth in the certified copy filed in said Assessor's office, the said Assessor shall have the power, and it is hereby made his duty, to equitably apportion the sum of the benefits upon and according to the new subdivisions of the said particular parcel aforesaid.

Assessor to apportion benefits.

Commissioners to draw war

rants for

lands taken.

SEC. 15. In all cases when the owner or owners of any subdivision of land taken for the opening and establishing of said street, or of any improvements destroyed or injured, is or are unknown, or is or are known to be laboring under any legal disability, and in cases where there are liens, or

incumbrances, or leases, or conflicting claims, or disputes, or doubts about the title of any lot or subdivision of land, which cannot be adjusted between the parties in interest, in all such cases it shall be the duty of the Board of Commissioners to draw a warrant on the Treasurer of said city and county, payable out of said Seventh Street Fund, for the amount awarded in each case as the value of the respective lots of land taken for said street, or for damages awarded on account of improvements destroyed or injured by reason of the opening thereof, as fixed in said report, and to deposit said warrant with the County Clerk of said city and county; and thereupon, and on proof of the same, the said Board shall be entitled to be put in possession of such lots of land as shall be taken for said street, in the same manner as provided in section sixteen of this Act, and the title to said lots of land shall thenceforth be vested in said city and county as effectually as if the same had been conveyed by deed executed by the true owners thereof. Said Board shall also notify the said Treasurer of the drawing of said warrant, and furnish him with a description of the lot referred to by said warrant, and the parties in interest in said lot may proceed against the Treasurer, by bill in equity, for an adjudication to settle the conflicting claims to the same, or to provide for its just and proper distribution, in which suit all parties in interest or dispute shall be made parties, if known. On entry of a final decree of Court in such action, the said County Clerk shall deliver the warrant to the party or parties entitled thereto, according to the order of the Court. The only requisition upon the Treasurer shall be to answer whether he has the money in the Seventh Street Fund to pay the warrant when presented.

or

possession.

SEC. 16. In case any person to whom, or in whose favor, City may be damages shall have been awarded by said Board, shall fail placed in neglect, for the period of twenty days after there shall be funds to the credit of the Seventh Street Fund sufficient to pay such damages, to ask for and receive from said Board a warrant for the sum so awarded, the said Board may draw a warrant upon said Treasurer in favor of said owner or owners, and deposit the same with the Clerk of said city and county, accompanied by a certificate of said Treasurer that the warrant so drawn and deposited has been registered by him, and that there are funds in his hands to pay the same; and thereupon said Board, on demand, shall be entitled to an order of the County Court, authorizing them to enter upon such piece of land and remove obstructions therefrom, and to throw open the lots so described as part of said street, and thereupon an execution may issue to the Sheriff of said city and county, in the nature of a writ of habere facias possessionem, commanding him to put the said Board in possession of such lot for the said city and county; and thereafter, upon delivering to the said County Court a sufficient deed, conveying said lot of land to the said city and county, the party so dispossessed shall be entitled to receive the value of the land so conveyed, or the said warrant of the Board therefor.