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Assessor to make

age of said lots on said street; and the expense of the other half of the width of said street, upon the lot or lots fronting on the latter half of the street opposite such termination.

Sec. 15. Article OneAfter the contractor of any street Town work has fulfilled his contract to the satisfaction of the Town Marshal and Town Engineer, or of the said Board of Trus- assessment. tees, on appeal, it shall be the duty of the Town Assessor to forthwith make an assessment to cover the sum due for the work performed and specified in said contract, including the expense of engineering, in conformity with the provisions of section fourteen of this Act, according to the character of the work done, or if any directions or decisions shall be given by said Board of ìrustees, on appeal, then in accordance with such directions or decisions, which assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with the cost of engineering, if any, the rate per front foot assessed, and the amount of each assessment; the name of the owner of each lot or portion of a lot, if known to the Assessor, if unknown, the word "unknown” shall be written opposite the number of the lot and the amount assessed thereon, the number of each lot or portion of a lot assessed; and when the said assessment shall have been completed, the said Assessor shall certify to the correctness of the same, and deliver said assessment to the Town Clerk.

Article Two-The Clerk, upon receipt of the assessment Board to aforesaid, shall forth with post notices on three town bulletin hear appeals, boards, in which he shall state on what portion of any street work has been done, to pay for which the assessment has been levied, that the assessment can be seen at his office, and that the Board of Trustees will meet on a day named (which day shall not be less than five nor more than ten days from the posting of said notices) to hear any appeal that any person, directly interested in the work performed or the assessment made, may make, in writing. After examining any objections or complaints that may be brought before them on appeal, in regard to the aforesaid assessment, the Board of Trustees may correct, alter, or modify such assessments in such manner as to them may seem just, and direct the Assessor to make such corrections, alterations, or modifications. All the determinations and decisions of said Board, upon Decisions notice and hearing, as aforesaid, shall be final and conclusive upon all persons entitled to an appeal under the provisions of this section.

Article Three-After the assessment shall have been ap- Contractor proved by the Board of Trustees, as aforesaid, the Clerk shall ħand the same over to the Town Marshal, so made up and assessments approved. The Marshal, upon receipt of the said assessment, shall forth with attach thereto a warrant, which shall be signed by the Marshal and countersigned by the President of the Board of Trustees; the said warrant to be substantially as follows: 1, [name of Marshal], Marshal of the Town of Hayward, County of Alameda, and State of California, by virtue of the authority vested in me as said Marshal, do


to accept warrant for

in payment,

to demand payment.

authorize and empower [name of contractor], his or their agents or assigns, to demand and receive the several assessments upon the assessment hereto attached, and this shall be (his or their] warrant for the same. [Name of Marshal], Marshal of the Town of Hayward. Countersigned, [name of President of the Board], President of the Board of Trustees.

Said warrant and assessment shall be recorded by the MarAssessments shal. When so recorded, the several amounts assessed shall to be liens. be a lien upon the lands and lots, or portions of lots assessed,

respectively, for the period of two years from the date of recording, unless sooner discharged, and from and after the date of recording said warrant and assessment, all persons mentioned in article one of this section shall be deemed to have notice of the contents of the record thereof. After said warrant and assessment are recorded, the same shall be delivered to the contractor, or his agent or assigns, on demand, and by virtue of said warrant said contractor, or his agent or assigns, shall be authorized to demand and receive the amount of the several assessments made to cover the sum

due for the work specified in such contract and assessment. Contractor Article Four-The contractor or his assigns shall call upon

the person so assessed, or their agents or assigns, if they can conveniently be found, and demand payment of amount assessed to each. If any payment be made, the contractor or his assigns shall receipt the same upon the assessment in presence of the person making such payment, and shall give a separate receipt if demanded. Whenever the persons so assessed cannot conveniently be found, or whenever the name of the owner of the lot is stated as unknown in the assessment, then the said contractor, or his agent or assigns, shall publicly demand payment on the premises assessed. The warrant and assessment shall be returned to the Marshal within thirty days after the date of the warrant, with a return indorsed thereon signed by the contractor, or his agent or assign, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain unpaid in whole or in part, and the amount thereof. Whereupon the Marshal shall record the return so made in the margin of the record of the warrant and assessment, and

shall sign the record. Assessments, Article Five-After the expiration of thirty days from the delinquent, date of the warrant and assessment aforesaid, and after the Contractor' Marshal shall have recorded the return as specified in the

preceding article, the several assessments therein remaining unpaid shall be deemed delinquent, and five per cent. shall be added thereto, and the contractor, or his agent or assigns, may, at any time during the continuance of the lien of said assessment, sue in his own name the owner of the lands, lots, or portions of lots assessed, and recover the amount of any assessment and percentage aforesaid remaining due and unpaid. Such suit may be brought in any Court in said town and county, having jurisdiction of the amount for which suit is brought. Said Courts are hereby clothed with jurisdiction to hear and determine such actions. The said warrant and assessment and non-payment shall be prima


may sue.


facie evidence of such indebtedness, and the right of the plaintiff to recover in the action. If suit be commenced in à Justice's Court, the action may be brought and judgment rendered against the owner of the lands and lots, or portions of lots, liable for such assessment, or said contractor may bring an action in the District Court of said county to foreclose the lien of said assessment, and may obtain a decree for the sale of such premises, and such decree shall provide for a counsel fee of twenty-five dollars, to be paid to such Counsel fees. contractor or his attorney, out of the proceeds of such sale, in addition to such assessment and costs. Such premises, if sold, may be redeemed as in other cases. In all suits brought Redemption to recover street assessments, the proceedings therein shall of property. be governed and regulated by the provisions of this Act, and also, when not in conflict herewith, by the Code of Civil Procedure of this State. This Act shall be liberally construed to effect the ends of justice.

Article Six-The Marshal of said town may require, at his Marshal option, by notice in writing, to be delivered to them per- uwwers to sonally, or posted on the premises, the owners, tenants, or improve occupants of lands or lots, or portions of lots liable to be asssessed for work done under the provisions of this Act, to improve, forth with, any of the work mentioned in section fourteen of this Act, in front of the property of which he is owner, tenant, or occupant, to the center of the street or otherwise, as the case may be, specifying in said notice what improvements or work is required. After the expiration of three days, the said Marshal shall be deemed to have acquired jurisdiction to contract for the doing of the work or making the improvements required by said notice. If such improvements be not commenced within three days after the Marshal to notice given as aforesaid, and diligently prosecuted to com-orientrance. pletion, the said Marshal may enter into a contract with any suitable person applying to make said improvements, at the expense of the owner, occupant, tenant, or lessee, at a reasonable price, to be determined by said Marshal; and such owner, tenant, or occupant shall be liable to pay the same after the certificate, mentioned in the succeeding article, shall have been recorded by the Marshal. The sum contracted for shall be a lien upon the lands and lots liable therefor, the same as provided in article three of this section, and may be enforced in the same manner.

Article Seven-If the expense of the work and materials for Suit by such improvements, after the completion thereof, be not paid for costs. to the contractor, or his agent or assigns, on demand, the said contractor, or his agents or assigns, shall have the right to sue the owner, tenant, or occupant, under the provisions of this Act, for the amount contracted to be paid; and the certificate of the Marshal, that the work has been properly done, and that the charges for the same are reasonable and just, shall be prima facie evidence of the amount claimed for said work and material, and of the right of the contractor to recover the same in such action.

Article Eight-In addition, and as cumulative to the reme- Penalties dies above given, the Town Trustees shall have power, by by owners.

Tenant or lensee may

pay costs,

Marshal to keep record.

resolution or ordinance, to prescribe the penalties that shall be incurred by any owner or person siable therefor, for neglecting or refusing to make improvements when required as provided in article six of this section, which fines and penalties shall be recovered by prosecution in the name of the people of the State of California, in the Court having jurisdiction thereof, and may be applied, if deemed expedient by the said Trustees, in payment of the expenses of any such improvements, when not otherwise provided for.

Article Nine-Any tenant, occupant, or lessee of the lands or lots liable for the cost of such improvements may pay the amount assessed against the property of which he is the tenant, occupant, or lessee, under the provisions of this Act, or he may pay the price agreed upon to be paid under the provisions of this section either before or after suit brought, together with costs, to the contractor, or his agent or assigns, or may redeem the property if sold on execution or decree, for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due, or to become due from him; and for any sum so paid beyond the rents due from him he shall have a lien upon and may retain possession of the said land and lots until the amount so paid and advanced be satisfied, with legal interest, from accruing rents or by payment by the owner.

Article Ten-The Marshal shall keep in a book for that Other duties. purpose a record of all street work that shall be done, and

for the recording of all street assessments as provided in this Act, and shall superintend the making of all improvements of the streets, sidewalks, and public grounds, and require all contractors to faithfully comply with the terms of their contracts before the work shall be accepted by him. He shall also see that the laws, orders, and regulations relating to the streets, highways, and public grounds be fully carried into execution, and that the penalties for non-compliance therewith are rigidly enforced. It is required that he shall keep himself informed of the condition of all the public streets and highways, and also of all the public buildings, parks, lots, and grounds of said town, and should the Marshal fail to see the laws, orders, and regulations aforesaid carried into execution, after notice from any citizen of non-compliance therewith or violation thereof, the said Marshal and his sureties shall be liable upon his official bond to any person injured in his person or property in consequence of such official neglect; and he shall also be liable to the Board of Trustees upon his official bond if he shall accept any contract work in his official capacity before the same shall have been completed in accordance with the plans and specifications for the same, in a sum sufficient to complete such work as specified.

SEC. 16. Neither the Board of Trustees, or any officers public debt. or authority, shall have power to contract any debt against

said town, and no person or property therein shall ever be liable to be assessed, or be subject to taxation in any form, to provide for the payment of any debt hereafter contracted, or any claim against the town, except such legal and proper

Officers not

expenses thereof as shall accrue after the commencement of the year for which the tax shall be levied, and no part of the moneys levied and collected by taxation for one year shall ever be applied toward the payment of any expenses, debt, or liability incurred during any preceding year.

SEC. 17. Every ordinance passed by the Board of Trustees, Ordinances, in order to possess legal force, shall receive a majority vote to be legal. of all the members elected.

Sec. 18. The Board of Trustees shall constitute a Board Board of of Equalization, and shall, as soon as the Assessor shall have Equalizacompleted and handed to the Clerk his assessment, and after meetings of. ten days' notice, hold their meetings to hear and determine all complaints respecting the valuation of property as fixed by the Assessor, and shall have power to modify and change such valuation in any way they or a majority of them shall deem just and proper. Said meetings shall be held for such

gth of time as the Board of Trustees shall, by ordinance, fix. Said Board shall not sit as a Board of Equalization after the first Monday of October, and on that day they shall levy upon the assessed valuation of the property of said town the rate of taxation upon each one hundred dollars of valuation, which shall be entered upon their minutes; they shall then deliver to the Town Clerk the assessment roll, who shall compute and carry out the amount of tax so levied upon each parcel of property in said assessment roll contained, and shall deliver said assessment roll, so made out and duly certified to, to the Town Marshal for collection, on the first Monday of November.

SEC. 19. The Marshal, Assessor, Clerk, and Treasurer, Official oaths. before entering upon the duties of their office, shall take the and bonds. oath of office as prescribed by law, and also give a bond, with sureties to be approved by the Board of Trustees of said town, payable to the Town of Hayward, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of their offices as required by law. Should the bond of any town officer become insufficient, he shall be required to give such additional security, within ten days, as the Board of Trustees may require, not exceeding the amount fixed by ordinance. Upon his failure to do so Vacancies. at the time fixed, his office shall be declared vacant, and such vacancy shall be filled by appointment of the Board of Trustees.

Sec. 20. If any vacancy shall occur in any of the offices Failure to created by this Act, they shall be filled by appointment of qualify. the Board of Trustees. Should any of the officers herein mentioned fail to qualify and give the bond required, for the period of ten days after receiving notice of their election, the office shall be deemed vacant, and the same shall be filled as provided in this Act. The official bond of every officer named in this Act shall be filed with the President of the Board of Trustees.

SEC. 21. All demands that shall lawfully arise against Demands the town, in order to be entitled to payment, shall, after winst being verified by the oath of the claimant, be presented to and allowed for such an amount as shall be deemed just by

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