The Secretary of the Board shall cause said resolution to be published in the official newspaper for a period of twenty days before the day fixed for said resolution for proceeding to make said valuation and assessment.

SEC. 8. On the day named in said notice and upon such other days as the matter may be continued to, from time to time, said Board shall proceed to value the several parcels of land necessary to be taken for the purposes of the intended improvement. The said value shall be ascertained as of the time of said inquiry, independently of any appreciation or depreciation that may be caused to the same by reason of such intended improvement, and the Board shall fix said valuation as the amount to be given to the owners thereof. The Board shall also assess the benefits and damages which may result from the contemplated improvement to the lands within said district, and shall distribute the total value of all the lands taken, together with the damages, if any, caused by said improvement to the adjacent lands, and the estimated cost and expense of said improvement, in the form of an assessment, upon each and every lot or parcel of land within the district determined to be affected by said improvement in proportion to the benefits which said Board shall determine will be received by said lots and lands.

SEC. 9. If any portion of the land taken for such improvement shall be a part of a larger lot, the Board in making the assessment shall deduct from the value of the land taken, the amount of the assessment which shall be assessed for benefits upon the remaining portion of said lot, and the owner shall be entitled to receive the difference between the value of said lot taken and the assessment for benefits upon the remaining portion of the lot.

SEO. 10. Before proceeding to make such valuation and assessment, the Commissioners of the Board of Public Works shall each take and subscribe an oath before one of the Judges of the Superior Court of said city and county, that he will, to the best of his ability and without fear or favor, perform his duties in making the proposed assessment, and that he has no interest in any of the land to be taken or assessed for the proposed improvement. The meeting of the Board, when engaged in making said assessment, shall be public and shall be held at the office of the Board, and all persons interested in any such assessment shall have the right to be present and be heard, either in person or by counsel. All persons claiming any in

terest in the lands to be taken for said improvement or that will be damaged thereby, are required at or during such hearing to -file with the Board, plats, and a description of their respective lots of land, together with an abstract of their title or interest in the same.

SEC. 11. In making said assessment and valuation the Commissioners shall act as a Board, and the said assessment and valuation shall be authenticated by the signatures of at least two of said Commissioners as "Commissioners of the Board of Public Works," and every assessment and valuation so authenticated and recorded in the Book of Assessments for Condemnation shall be prima facie evidence of the correctness and regularity of all the proceedings of said Board and of the Supervisors prior to the date of such record.

SEC. 12. In determining the valuation of the property that is taken for said improvement, the Board shall, in its report, state, under appropriate headings, a brief description of each parcel thereof, the amount allowed for the same, the name of the owner of each parcel, when known (and if unknown, the same shall be so stated), the name of any claimant thereto, or to any interest therein; and in making the aasessment for the cost and expense of said improvement, the Board shall state in the Assessment Roll, under appropriate headings, a brief description of each lot assessed, the amount assessed against the same, the person to whom the said property was assessed upon the last preceding assessment roll of said city and county, the owner thereof, if known (and if unknown. the same shall be so stated), and the total amount of the costs and expenses of said improvement.

SEC. 13. Upon the completion of the said valuation and assessment, the Board shall cause to be publshed, for twenty days, in the official newspaper, a notice of the completion of said assessment and valuation, and notifying all parties interested therein to examine the same, which notice shall also be served upon all persons interested or claiming an interest therein who have filed a plat and description, as required by section ten of this chapter, in the manner required for the service of a summons in an action at law, and for the purpose of such examination said assessment, valuation and maps shall be open and exhibited to public inspection at the office of the Board for thirty days after the first publication of said notice. During said period of thirty days, the Board may alter, change or modify said assessment in any respect. Upon the expiration of said thirty days, it shall

complete the same in the form of a report and schedule, embracing the value of the lands taken and the assessment of the said value, together with the costs and expense of the improvement, as hereinbefore provided, upon the several parcels of land embraced within the aforesaid district, which report and schedule shall, within ninety days after the first publication of the last mentioned notice, be filed in the office of the County Clerk together with a petition signed by the President of said Board to the Superior Court praying for a judgment of said Court confirming the assessment contained therein against the respective lots therein described as assessed, and for the condemnation and conveyance to said city and county, upon the payment of the value thereof, as ascertained by said report, of each of the parcels of land alleged in said petition to be necessary to be taken for said improvement.

SEC. 14. On filing such petition, and upon application to the said Court, the Judge thereof shall appoint some day, not less than ten nor more than thirty days thereafter, as the time when any objections to the confirmation of said report will be heard by said Court, and the Clerk of said Court shall thereupon cause to be published for ten days, in three daily newspapers of general circulation published in said city and county, one of which shall be the official newspaper, and the others of which shall be designated in the aforesaid order of the Judge, a notice of the filing of said report and of the day assigned for the hearing of any objections that may be made thereto, and any party interested therein may at any time before the day assigned for the hearing thereof, file in said Superior Court his objections, in writing, to the confirmation of the same, specifying with particularity his objections, and all objections not so specified shall be deemed to be waived. Upon the day fixed in said order of the Judge, the said Court shall proceed to the hearing of any objections that may have been filed to the confirmation of the said report, and upon proof of the publication of said notice, said Court shall have and take jurisdiction of said report, and of the subject matter thereof, as a special proceeding, and upon the said day, and at any other time or times to which said hearing may be adjourned, may hear the allegations of the parties and proofs adduced in support of the same, and may confirm said report, or change, alter or modify the same, or cause the same to be changed, altered or modified by said Board of Public Works. Said judgment of confirmation shall be a lien upon

each parcel of land described in such report for the amount assessed against the same, and shall provide for the conveyance to said eity and county of each and every of the lots of land declared necessary for the purpose of said improvement, upon the payment of the value thereof as ascertained by such judgment.

SEC. 15. Any person who may have filed objections to the confirmation of said report may appeal from said judgment to the Supreme Court at any time within thirty days after such judgment The amount of the undertaking on such appeal shall be fixed by the Judge of the Superior Court and such undertaking shall be made payable to the City and County of San Francisco. For the purposes of such appeal the judgment roll of the proceedings in the Superior Court shall consist of the report, objections, judgment and bill of exceptions, or so much thereof as may be necessary to determine said appeal, and said appeal shall be heard by said Supreme Court on questions of law only. If said judgment be reversed or modified, the Superior Court shall take such proceedings as will cause the said assessment and valuation to be made in accordance with the opinion of the Supreme Court. The City Attorney shall act as the attorney for the Board of Public Works in proceedings under this Chapter.

SEC. 16. After the confirmation of said report, if the time for appealing has expired, or if an appeal has been taken and the judgment appealed from has been affirmed, upon the application of the Board of Public Works the Clerk of the Superior Court shall issue a certificate to that effect to said Board, and the said assessment shall then be recorded in a Book of Assessments for Condemnation kept for that purpose, and the record thereof signed by the President and Secretary of said Board; and the Secretary shall then deliver to the Tax Collector the assessment so confirmed and recorded, together with the said certificate of the County Clerk and a warrant to the Tax Collector directing him to collect the said assessment; and thereupon such proceedings shall be had in the collection of said assessment as are herein before provided for the collection of assessments upon property for the improvement of streets.

SEC. 17. Upon the report of the Tax Collector to the Supervisors that the amount of said assessment has been collected and paid into the Treasury, the Supervisors shall order to be paid out of the Treasury the sums fixed in said judgment as the compensation for the lands to be taken for said improvement, and

upon the delivery to the Treasurer, by any person entitled to receive the compensation for any lot or parcel of land so taken, of a deed or conveyance of said lot or parcel of land, to the city and county, approved by the City Attorney, and a certificate from the said City Attorney that such person is entitled to the compensation for the land described in said deed, the Auditor shall audit and the Treasurer shall pay to said person the amount awarded for said lot by said judgment of condemnation.

SEC. 18. If the owner or owners of any of said lots or subdivisions neglect or refuse for the space of ten days, to make and deliver said deed or deeds, or are unable by reason of any incapacity to make a good and sufficient deed thereof to said city and county, or if the City Attorney shall certify that the title to any of said lots is in dispute or uncertain, or that there are conflicting claimants to the amount awarded as compensation therefor, or to any part thereof, a warrant upon the Treasury for the payment of the amount so awarded shall be by the order of the Supervisors drawn by the President and Secretary of the Board of Public Works, and, together with a certificate of the Treasurer indorsed thereon that the said warrant has been registered by him and that there are funds in the Treasury set apart to pay the same, be deposited with the County Clerk, and thereupon, upon a petition to the Presiding Judge of the Superior Court of said city and county setting forth said facts, by the President of the said Board of Public Works, the said Judge shall issue an order ex parte directing the Sheriff of said city and county to place the said Board of Public Works in the possession of the said land for the said city and county.

SEC. 19. At any time thereafter any claimant to said award, or any part thereof, may file his petition in said Superior Court against all parties in interest for an adjudication of all conflicting claims to the same, or for an order that the same be paid to him, and thereupon such proceedings shall be had thereon as may be agreeable to law and equity. Upon the entry of a final judgment in such proceeding, the County Clerk shall collect the warrent and pay the proceeds to the person or persons named in said judgment as entitled thereto. It shall be provided in said judgment that before receiving the proceeds of said warrant, said party or some one duly authorized in his or their behalf, shall make and execute to the city and county and deliver to the County Clerk a sufficient deed conveying to said city and county