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said lot or subdivision has been or will be benefited by reason of the taking and opening of said Fifteenth Avenue Extension, the grading, filling, and macadamizing of the same, as aforesaid, and the construction of said bridge over Islais Creek, relatively to the benefits therefrom accruing to the other lots or subdivisions, respectively, within said district. Said Board shall also set against each lot or subdivision, as aforesaid, the names of the owners, occupants, and claimants thereof, as far as the same can be ascertained by said Board, and when the said owner cannot be conveniently ascertained, the same shall be set down as belonging to an unknown owner. Such report, as soon as the same is com- Commispleted, shall be left at the office of said Board daily, from report. eight o'clock A. M. until five o'clock P. M., 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 at such place, shall be published by said Board daily, for ten days, in two daily newspapers printed and published in said city and county; provided, that notices in writing of such assessment shall be sent through the post-office to each of said owners, so far as the same can be ascertained from the assessment roll of said city and county for the fiscal year eighteen hundred and seventy-six-seven.
SEC. 6. Any person feeling dissatisfied with the determina-Objections to tion of said Board of Commissioners as to the value of the report. amount of damage to, or the assessments upon, lands or property owned, claimed, or occupied by him, shown in the report provided for in the last preceding section, may have a summary hearing thereupon before said Board, in person or through counsel, at any time before the filing of said report, as hereinafter provided; and may be examined upon oath, to be administered by any one of said Commissioners, and produce and examine witnesses in relation thereto; and the said report and map shall, during that time, be open to revision and correction by said Board. At the expiration of the time allowed for such hearing the several parties to have, during said period, applied for a hearing, having had an opportunity to be heard), said Board shall proceed to review its said report, and, if necessary, correct or modify the same; and when such revision is completed, shall file its said report Report to be as revised, together with a map of said Fifteenth Avenue Extension, and the land assessed, in the Clerk's office of the County Court of said city and county, with a petition signed by said Board or a majority thereof, for the confirmation of said report. Upon filing of said report, map, and petition, the said County Court shall have and take jurisdiction of said proceedings, and determine the same as a special proceeding in said Court; and the Court, or the Judge thereof, shall thereupon appoint a day, not more than twenty nor less than ten days, for the hearing of said petition. Notice of the Hearing, filing of said report and map, and the petition for the con-notice of. firmation of said report, and of the time and place appointed for the hearing of said petition, shall then be given by publication thereof daily, at least ten days before said hearing, in two daily newspapers published in said city and county;
and the affidavit of the principal clerk of the publisher of said notice shall be conclusive evidence thereof. On the day appointed for the hearing of said petition, or on such other day or days as the said hearing may be adjourned to, or as may be appointed for that purpose by said Court, all persons interested may be heard before said Court in relation to any of the matters contained in said report; and the Court, after hearing the allegations and proof of all parties interested, and ascertaining to its satisfaction that notice of such hearing has been duly given, may confirm, set aside, or modify said report, and, if necessary, refer the same back for revision and correction to said Board, who shall thereupon, if the same be so referred, after revising and correcting the same as directed by said Court, file the same, so revised and corrected: and like proceedings shall thereupon be had as to hearing before the County Court, confirmation, reversal, or modification, as hereinbefore in this section provided, until said report, as revised and corrected, shall be finally confirmed by said Court. No objections to said report shall be considered by said Court, except such as are specially set forth in writing by the parties objecting to the same; and all errors, omissions, and irregularities, not so specially set forth, shall be deemed to be waived by all parties affected by said report. Upon the confirmation of said report said Court shall enter up a separate judgment against each lot or subdivision of land assessed therein, for the amount so assessed against the same in said report, describing the same as described in said report, or by a correct description, if the same be incorrectly described therein. In the proceedings on said report there shall be but one judgment roll, which shall consist of a copy of the report and map, petition for confirmation, objections thereto, and the judgment of the Court thereon. All such judgments shall be in favor of the City and County of San Francisco, against each particular lot of land described, for the amount assessed upon it; shall be rendered for, and be payable only in, gold coin of the United States, or by the warrants issued by said Board, as provided in this Act; shall bear interest from the date of entry of said judgment, at the rate of one per cent. per month, until satisfied, and shall be a lien upon the respective lots of land until the same are paid or satisfied.
SEC. 7. At any time after the final confirmation of said report by the said County Court, said Board may apply to said Court for an order or orders of sale to issue to the Sheriff of said city and county, commanding him to collect the amount of the said several judgments, or such or any of them as shall then remain unpaid, together with costs and expenses, by sale of the lots against which the same are respectively entered, in the mode prescribed by law for the sale of real estate under decree of foreclosure; the proceeds to be paid by said Sheriff to the Treasurer of said city and county, who shall place the same to the credit of said Fifteenth Avenue Extension Fund, to be used solely for the purposes of this Act.
Satisfaction of judginent.
SEC. 8. The fees of the Clerk of said Court, for his services Fees of Clerk in any proceedings in said Court under this Act, shall be the and Sheriff. sum of twenty-five cents for every judgment entered therein, and shall be collected at the time and in the manner that said judgments are collected, and shall be paid to said Clerk by said Board out of the fund hereinafter provided for, as other expenses are paid. The fees of said Sheriff shall be two dollars for each and every subdivision or lot sold by him, beside the cost of advertising, and shall be paid to him as the fees of said Clerk are paid. Neither of said officers shall be entitled to receive, or receive any other or further, compensation for any services rendered by him hereunder than those above provided for, and all fees received by said Clerk or Sheriff shall be paid to the said Treasurer for the benefit of the Fee Fund of said city and county; provided, also, that said Sheriff shall receive but two dollars for selling lots belonging to one judgment debtor, and he shall sell at one sale all lots upon which said debtor is delinquent.
Sec. 9. Any owner of, or person interested in any lot or Proceeds of subdivision of land assessed in said report, against which is applica
how . judgment has been so entered by said County Court, may, at any time before the issuance of an order of sale thereon, pay the amount of such judgment and interest, and Clerk's fees, or the sum called for by said Board as herein provided, to the Treasurer of said city and county, who shall receipt for the same, and place the money to the credit of the Fifteenth Avenue Extension Fund herein provided for; and on presentation to said Clerk of said receipt, such judgment shall be by him satisfied of record pro tanto. All sums of inoney collected by said Sheriff, on said judgments of the County Court, shall be deposited by him with the Treasurer of said city and county, by whom the same shall be held as a special fund to the credit of the said Fifteenth Avenue Extension Fund, and shall be paid out on the warrants of said Board of Commissioners. The said warrants shall be drawn by said Board on said Treasurer, to the order of the person or persons to whom the same may be due; shall be signed by a majority of said Board; shall be payable only in gold coin, and shall be paid in the order of their presentation to said Treasurer, out of any money in his hands to the credit of said fund. It shall be the duty of said Treasurer to register said warrants in the order of their presentation to him for payment, unless he has funds to pay the same, and to pay the same as above prescribed, in the order of their registration. All warrants not paid at the time of presentation, shall be again presented for payment within six months.
SEC. 10. In case the owner of any lot or parcel of land Assessments taken for said avenue, or of property in respect to which died for damages have been awarded for injuries sustained by the jwlyment. taking and opening of said avenue, shall also be the owner of any lot or parcel of land assessed hereunder, said Board shall, upon the request of said person, deliver to him a certificate of such fact, stating the amount awarded to him as the value of, or extent of injury to, such land or property taken or injured, and the amount assessed upon the land
Payments for lands taken.
owned by him; and upon presenting such certificate to said Treasurer, or to said Sheriff, the receipt of such person for the amount, or any part of the amount, so certified as due him, shall be received in payment or satisfaction, or on account of, or in part satisfaction, as the case may be, of any assessment made or judgment entered against land of which said person is the owner.
SEC. 11. Any person owning land included within the description of land to be taken for said avenue may, at any time after confirmation of said report, on executing and delivering to said Board a deed of the land so owned by him, in form to be approved by said Board, conveying the same to said city and county for the purpose described in this Act, shall be at once entitled to a warrant for the amount awarded in said report as the value of such land; such warrant to be drawn by said Board upon the Treasurer of said city and county, as hereinbefore prescribed, to the order of such person, payable out of the funds in the hands of said Treasurer to the credit of said Fifteenth Avenue Extension Fund; whereupon said land shall be taken possession of by said Board for said city and county, for said purpose. Said Treasurer is also authorized to receive from any person any sum or sums of money in advance of the proceeds of the assessments herein authorized; and said Board may issue like warrants therefor in favor of such person. All said warrants shall be receivable by the Sheriff and Treasurer of said city and county in payment and satisfaction of any judgments rendered by said County Court, in pursuance of
the provisions of this Act. Deeds to city. SEC. 12. On rendering to, or paying into, said Court, for
account of the owner or owners of any lot of land to be taken for said avenue, the amount awarded in the report provided for in this Act, as the value of such lot of land, or on so tendering or paying into said County Court a warrant drawn by said Board upon the Treasurer of said city and county in favor of such owner or owners, or in favor of the Clerk of said Court, in case of payment into Court, for the amount so awarded, accompanied by the certificate of said Treasurer that such warrant has been presented to him, and by him registered, and will be paid on demand, said Board shall be entitled to an order of said County Court, authorizing thein to enter upon such piece of land and remove obstructions therefrom, and to throw open the lots so described as part of said Fifteenth Avenue Extension, 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 Commissioners 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 said Board therefor. Said deed delivered to the said Court shall be recorded by the County Recorder of said city and county without any
as to owner
charge therefor. The original deeds, after the same shall be recorded, shall be kept by said Treasurer.
SEC. 13. The amount due to any person for rent, labor, Expenses services, or other expenses of said 'Board, shall be paid by how paid. said Board by warrant drawn on said Treasurer, payable only out of the funds in his hands to the credit of said Board, in the mode provided in this Act; and like warrants may be drawn by said Board in favor of the persons entitled thereto, for the amounts which have been awarded to them as the value of their lands taken for said avenue, or as damages. Should said Board be in doubt as to the ownership of when doubt any such lands, or in case the owner thereof be unknown to
ship, pay. said Board, or married women, or infants, or lunatics, or ments to be idiots, it may pay the amount of such value or damages into Court. said ('ounty Court, by warrant certified as aforesaid, describing the land in respect to which said amount is payable, to be awarded by said Court on application by or on behalf of the parties claiming the same, to the person whom it may, after due hearing and consideration, adjudge to be rightfully entitled thereto. Any adjudication of said Court, in respect to such ownership, shall be subject to appeal in like manner as appeals are now taken from judgments of District Courts. l'pon payment by said Board, to the respective owners of land taken for said avenue, of the amounts so awarded to them, as provided in this section, or on payment of said amount into Court, said lands shall be and become thereby vested in said city and county forever, and shall be taken possession of by said Board for said city and county, for the purpose of constructing said avenue; but no land shall be taken possession of by said Board without the consent of the owner thereof, unless upon payment or tender of the amount awarded therefor in pursuance of this Act; and it shall be the duty of the Treasurer of said city and county, upon requisition in writing by said Board, to take into ('ourt, out of said fund, any sum or sums in coin specified in said requisition, or to tender the same to any person or persons nained in said requisition, as the value of his or their lands, to be taken for said avenue; and a receipt therefor, by the Clerk of the Court into which it is taken, or by the person or persons named in said requisition, shall be sufficient voucher to said Treasurer of the legal disposal of said money.
SEC. 14. Should the owners of any land taken for said Removal of avenue fail or neglect, within the space of sixty days after buildings, the final confirmation of said report, to remove the buildings and improvements from their said lands, and deliver possession of said lands to said Board, on tender from said Board to the respectively of the sums awarded to them respectively by said Board, as the value of such lands, buildings, or improvements, then the said Board may, at any time thereafter, sell such buildings and improvements at public auction, to the highest bidders, to be removed by the respective purchasers thereof. The suns so bid at such sales shall be paid in cash, or in such warrants of said Board; and if at such auction there shall be no responsible