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and one one-hundredths feet, as at present; that the corner Modificaformed by the intersection of the easterly line of Montgomery tion of grade. Avenue with the northerly line of Lombard Street shall be sixteen and fifty-two one-hundredths feet above base, instead of fifteen and forty-two one-hundredths feet, as at present; and that the crossing of Lombard and Mason Streets shall be twenty feet above base, instead of twelve feet, as at present.
SEC. 4. The grade of Montgomery Avenue from the inter- Same. section of the northerly line of Chestnut Street with the westerly line of Taylor Street to the northerly line of Beach Street, the grade of Francisco Street from the westerly line of Taylor street to the easterly line of Jones Street, the grade of Bay Street from the westerly line of Jones Street to the easterly line of Leavenworth Street, the grade of Jones Street from the southerly line of Bay Street to the northerly line of Francisco Street, the grade of North Point Street from the westerly line of Jones Street to the easterly line of Leavenworth Street, the grade of Leavenworth Street from the southerly line of Beach Street to the northerly line of North Point Street, and the grade of Beach Street from the westerly line of Leavenworth Street to the easterly line of Hyde Street, are hereby so changed and modified that the crossing of Montgomery Avenue and Francisco Street shall be sixteen and sixty-two one-hundredths feet above base; that the crossing of Montgomery Avenue and Jones Street shall be fifteen and sixty one-hundredths feet above base; that the crossing of Montgomery Avenue and Bay Street shall be fifteen and seven one-hundredths feet above base; that the crossing of Montgomery Avenue and North Point Street shall be thirteen and fifty-three one-hundredths feet above base; that the crossing of Montgomery Avenue and Leavenworth Street shall be thirteen feet above base; and that the crossing of Montgomery Avenue and Beach Street shall be twelve feet above base.
SEC. 5. The County Clerk of the City and County of San Clerk to noFrancisco, within forty days after the passage of this Act, shall publish for thirty days, in the official newspaper of damages. said city and county, a notice simply stating that by an Act of the Legislature, approved on the day of —, eighteen hundred and seventy-six (giving the date of approval of this Act), the grades of certain portions of Montgomery Avenue and of certain portions of certain streets intersecting Montgomery Avenue, in the City and County of San Francisco, have been changed, and referring to this Act for further particulars, and requiring every person claiming damages
reason of said changes, within thirty days after the first publication of said notice, to file with the County Clerk a verified statement, setting forth the description and situation of the claimant's property, its market value, and the amount of damages, over and above all benefits, which the claimant will sustain, and that upon the failure of any person to file such statement within the prescribed time, his or her claim or right to damages shall be forever forfeited.
Sec. 6. All persons failing to file such statement with the County Clerk within thirty days after the first publication by owners.
tify persons claiming
Comminsioners to assess damages.
Duties of Commissioners.
of said notice, shall forever forfeit their claim or right to damages sustained by reason of said changes.
SEC. 7. On the filing of such statement, if any, but not otherwise, the County Court shall take jurisdiction of the proceedings; and within ten days after the expiration of the time of publication of said notice and the filing of an affidavit of its due publication, the County Court shall appoint three citizens who are freeholders in said city and county, and competent judges of the value of real estate therein, and not interested in said proceedings, as Commissioners to assess the damages, over and above the benefits, to such separate lots of land only as are described in such statements as may have been filed, as provided in this Act, and to assess the benefits, over and above the damages, to such separate lots of land only as may, in their opinion, be more benefited than damaged.
SEC. 8. The Commissioners shall be sworn by the County Judge to make the assessments of benefits and damages to the best of their judgment and ability, without fear or favor, and that they have no interest in the controversy, nor in any of the land in said city and county north of Washington Street, which oath shall be filed with the County Clerk as part of the proceedings. A copy thereof, and of the order of appointment, certified by the Clerk, may be delivered to said Commissioners as their authority.
Sec. 9. Said Commissioners shall visit and inspect the premises to be assessed and the premises for which damages are claimed, and shall have power, and it is hereby made their duty, to examine under oath, which any one of them is hereby authorized to administer, any witnesses produced before them by any party, touching the matters to be investigated, and such other witnesses as they may deem necessary to fully acquaint themselves with the actual amount of benefits and damages which will result to the respective parties interested in said changes.
Sec. 10. Said Commissioners having determined the damage which will be sustained by each claimant, over and above all benefits, by reason of said changes, shall proceed to assess the whole amount thereof, together with the costs, charges, and expenses of the proceedings, including the compensation to the Commissioners for their services, to be taxed and allowed by the County Judge, ratably, upon the several lots of land more benefited than damaged, in the opinion of said Commissioners, so that the same shall be distributed according to the benefits produced by such changes, as nearly as possible.
SEC. 11. Said Commissioners shall make their report in writing, and shall subscribe the same and file it with the County Clerk. In their said report they shall describe each piece of property for which damages have been claimed as aforesaid, stating the amount of damages, if any, which it will sustain over and above all benefits; and they shall also give a brief description of each lot benefited, over and above all damages, the name of the owner, if known, and the amount of the benefit, over and above all damages, assessed
Commis sioners to report,
notice of Same Owner
to file objections.
against the same. In case the Commissioners do not agree, the award agreed upon by any two of them shall be sufficient,
SEC. 12. On the filing of said report the County Clerk Clerk to give shall publish in said newspaper, for ten days, a notice, stating simply that the report of the Commissioners, appointed to make assessments of benefits and damages by reason of changes of grades of Montgomery Avenue, and of certain intersecting streets, has been filed with the County Clerk, and requiring all persons that have filed statements claiming damages, and all persons whose lots have been assessed for benefits, to file with the County Clerk, within ten days after the first publication of said notice, any and all objections, if any they have, to the said report, or the confirmation thereof. Said objections to be verified, and if not filed within the time herein before prescribed, such persons will be deemed to consent to the said report, and the confirmation thereof.
SEC. 13. All persons failing to file objections to said Failure report, or the confirmation thereof, with the County Clerk, within ten days after the first publication of said notice of filing said report, shall be held and deemed to consent to the same, and to the confirmation thereof.
SEC. 14. Within five days after the expiration of the time Hearing of of publication of the said notice mentioned in the last section, County and upon the filing of an affidavit of the due publication of Court. said notice, the County Court, if any objections have been filed to said report or the confirmation thereof, as hereinbefore provided, shall, by order, appoint a time, not less than ten days nor more than thirty days from the time of making such order, for hearing such objections, and at the time appointed, or such other time to which the hearing may be continued, shall hear and determine such objections, and may, by its judgment, modify or correct said report in any or all particulars. If no such objections are filed within the prescribed time, or if the objections filed are, in the judgment of the Court, not well taken, the Court shall confirm said report as originally filed ; and if, after a hearing upon said objections, said report bé modified or corrected, the Court shall confirm the same as modified or corrected. The County Judgment. Court shall thereupon enter up judgment against each lot assessed for benefits, describing the same as accurately as can conveniently be done. Upon said judgment an order of sale may issue, by order of the Court, commanding the Sheriff of said city and county to collect the amount therein mentioned, by sale of the lot assessed in the mode prescribed by law for the sale of real estate, the proceeds to be paid by the Sheriff to the Treasurer of said city and county, who shall place the same to the credit of the Street Department Fund, and the same shall be paid; and said Treasurer shall pay the amount collected for damages into the County Court, which shall hold, invest, and distribute the same in the same manner as provided in section nineteen of an Act entitled “An Act to declare and regulate the power of the Board of Supervisors of the City and County of San Francisco to take private lands
Appeals from judgment.
for certain public improvements, and to prescribe the manner of its execution,” approved April fourth, eighteen hundred and sixty-four. All such judgments shall be in favor of the City and County of San Francisco, and shall be a lien upon the lot until the same is paid; but no sale shall be made, nor execution issue, until the County Court shall determine that said work has been completed.
SEC. 15. Any party dissatisfied may, within thirty days after said judgment, appeal therefrom to the Supreme Court by giving notice to the County Clerk of his intention to appeal, and filing an undertaking or making a deposit, as now provided by law in cases of appeal from final judgments.
SEC. 16. The Sheriff shall collect fees for the execution, in case an execution issues, as in other cases; but each party may pay to the Treasurer the amount of the judgment against him, and the Treasurer's receipt being produced to the County Court, satisfaction of the judgment shall be entered by the Clerk. The Clerk shall not charge any fees for the proceedings, unless execution issues, in which case he shall be authorized to charge five dollars for each execution, to be collected by the Sheriff on the execution.
SEC. 17. If no statement shall be filed as herein before prescribed, by any person claiming damages, or if such statement has been filed and said report has been confirmed without objections to the same, or the confirmation thereof being filed as hereinbefore prescribed, or if such objections have been filed and no appeal has been taken, as herein before prescribed, or if any appeal has been taken and final judgment entered after such appeal, then, within five days thereafter, the County Clerk shall give written notice thereof to the Board of Supervisors.
SEC. 18. If no statement shall be filed as hereinbefore prescribed, by any person claiming damages, the costs, charges, and expenses of the proceedings to date shall be taxed and allowed by the County Judge, and certified by the County Clerk to the Clerk of the Board of Supervisors at the time the notice mentioned in the last section shall be given; and said costs, charges, and expenses shall be paid the same as ordinary expenses incident to improvements of streets not accepted by said city and county.
SEC. 19. Upon the receipt of the notice mentioned in section seventeen of this Act, by the Board of Supervisors, a contract shall be awarded by the Board of Supervisors to grade Montgomery Avenue and said intersecting streets, and to regrade the same wherever necessary, so that the grades shall conform to the changes of grades hereinbefore made, and the same shall be graded and regraded accordingly; and all the proceedings, both before and after the awarding of said contract, shall be the same as though an order to do said work had been legally made by the Board of Supervisors, upon a sufficient petition by the property owners, and shall be the same as is now provided by law for the grading of streets in said city and county.
Sec. 20. This Act shall take effect from and after its passage.
Costs and expenses.
Supervisors to award contract.
('HAP. CCCCXCVI.-An Act concerning lodging-houses and
sleeping apartments within the limits of incorporated cities.
[Approved April 3, 1876.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Every person who owns, leases, lets, or hires, Number of to any person or persons, any room or apartment in any for each building, house, or other structure, within the limits of any person. incorporated city, or city and county, within the State of California, for the purpose of a lodging or sleeping apartment, which room or apartment contains less than five hundred cubic feet of space, in the clear, for each person so occupying such room or apartment, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than fifty (50) dollars or more than five hundred (500) dollars, or by imprisonment in the County Jail, or by both such fine or imprisonment.
SEC. 2. Any person or persons found sleeping or lodging, Misdeor who hires or uses for the purpose of sleeping in, or lodging in, any room or apartment which contains less than five hundred (500) cubic feet of space, in the clear, for each person so occupying such room or apartment, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than ten (10) or more than fifty (50) dollars, or by both such fine and imprisonment.
SEC. 3. It shall be the duty of the Chief of Police (or such Buildings other person to whom the police powers of a city are del- «xcepted. egated), to detail a competent and qualified officer or officers of the regular force to examine into any violation of any of the provisions of this Act, and to arrest any person guilty of any such violation.
SEC. 4. The provisions of this Act shall not be construed to apply to hospitals, jails, prisons, insane asylums, or other public institutions.
SEC. 5. All Acts or parts of Act in conflict with the provisions of this Act are hereby repealed.
SEC. 6. This Act shall take effect and be in force from and after its passage.
CHAP. CCCCXCVII.—[See volume of Amendments to the
CHAP. CCCCXCVIII.-[See volume of Amendments to the