by owners. such estimates to the Superintendent of Public Streets and Highways before the completion of the work included in said When done contract. And when any owner of a lot or lots fronting on said partially graded street, lane, alley, place or court, has graded a part of the same and desires credits for grading done by him previous to the publication of the notice of intention, he shall file with the City and County Surveyor, previous to the completion of the grading under contract, a certificate of the City and County Surveyor in office when the work was performed, certifying the number of cubic yards of grading done by him or those through whom he claims or deraigns title; provided, however, that he shall not be allowed any credits at any time for any embankment made above or excavations made below the official grade; but the cost of removing such embankment or filling in such excavation shall always be charged exclusively to the owner or owners of the lot or lots of lands fronting thereon, in addition to the pro rata rate which may be assessed to them. If the credit for grading, so certified as aforesaid, in cubic yards or measurement, equals the proportional amount of grading which such owner would be obliged to do if no grading had been done on such street, lane, alley, place or court, then such owner and his lot or lots shall be exempted from assessment for the remaining work; and if the grading done by such owner is less than his proportional share, then the work required to be done in front of his lot or lots, according to the original profile of the land previous to any grading thereon, shall be included in the assessment; and the work certified as aforesaid to have been done by him at his own expense shall be credited to him at the contract rate; provided, that in making the assessment to cover the expense of any work mentioned in this section, the said Superintendent may deviate from its provisions and assess such lots and lands fronting on any street, lane, alley, place or court, as he may decide liable to assessment for said work, which decision may be appealed from as hereinafter provided. Public property to be assessed. Payment to Subdivision Twelve.-Section one of an Act entitled an Act amendatory of and supplementary to an Act to provide revenue for the support of the Government of this State, approved April twenty-ninth, eighteen hundred and fifty-seven, approved April nineteenth, eighteen hundred and fifty-nine, shall not be applicable to the provisions of this section; but the property therein mentioned shall be subject to the provisions of this Act and to be assessed for work done under the provisions of this section. SEC. 3. Section eleven of said Act is hereby amended so as to read as follows: Section 11. The contractor or his assigns, or some person in contractors. his or their behalf, shall call upon the person assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each. If any payment be made, the contractor, his assigns, or some person in his or their behalf, shall receipt the same upon the assessment, in presence of the person making such payment, and shall also give a separate receipt if demanded. Whenever the persons so assessed, or their agents, cannot conveniently be found, or whenever the name of the owner of the lot is stated as "unknown" on the assessment, then the said contractor or his assigns, or some person in his or their behalf, shall publicly demand payment on the premises assessed. The warrant shall be returned to the Superintendent within ten days after its date, with a return indorsed thereon, signed by the contractor or his assigns, or some person in his or their behalf, 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. Thereupon the Superintendent shall record the If unpaid. return so made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already been recorded at full length, in a book to be kept for that purpose in his office, and shall sign the record. The said Superintendent is authorized at any time to receive the amounts due upon any assessment list and warrant issued by him, and give a good and sufficient discharge therefor; provided, that no such payment so made after suit has been commenced, without the consent of the plaintiff in the action, shall operate as a complete discharge of the lien until the costs in the action shall be refunded to the plaintiff; and he may release any assessment upon the books of his office on the production to him of the receipt of the party, or his assigns, to whom the assessment and warrant was issued; and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property assessed; provided, however, that in case any warrant is lost, upon proof of such loss a duplicate can be issued, upon which a return may be made with the same effect as if the original had been so returned. After the return of the assessment and warrant, as aforesaid, all amounts remaining due thereon shall draw interest at the rate of one per cent. per month until paid. SEC. 4. Section thirteen of said Act is hereby amended so as to read as follows: Section 13. At any time after the period of fifteen days from Appeal. the day of the date of the warrant as herein before provided, or if an appeal is taken to the Board of Supervisors as is provided in section twelve of this Act, any time after five days from the decision of said Board, or after the return of the warrant or assessment, after the same may have been corrected, altered or modified, as provided in section twelve of this Act (but not less than fifteen days from the date of the warrant), the contractor or his assignee may sue, in his own name, the owner of the land, Suit for paylots or portions of lots assessed, on the day of the date of the ment. recording of the warrant, assessment and diagram, or on any day thereafter during the continuance of the lien of said assessment, and recover the amount of any assessment remaining due and unpaid, with interest thereon as herein before provided; and in all cases of recovery under the provisions of this Act the plaintiff shall recover the sum of fifteen dollars, in addition to the taxable cost, as attorney's fees; provided he shall waive the percentage on recovery as provided by law. Suit may be brought in any Court in said city and county. The said warrant, assessment and diagram, with the affidavit of demand and non-payment, shall be prima facie evidence of such indebtedness, and of the right of the plaintiff to recover in the action. The Court in which Lien. Repair and cleaning of streets. Neglect of property owners. Payment. such suit shall be commenced shall have power to adjudge and decree a lien against the premises assessed, and to order such premises to be sold on execution as in other cases of the sale of real estate by the process of said Courts; and on appeal, the appellate Court shall be vested with the same power to adjudge and decree a lien, and to order to be sold such premises on execution or decree, as is conferred on the Court from which an appeal is taken. Such premises, if sold, may be redeemed as in other cases. In all suits now pending, or hereafter to be brought, to recover street assessments, the proceedings therein shall be governed and regulated by the provisions of this Act, and also, when not in conflict herewith, by the Civil Practice Act of this State. This Act shall be liberally construed to effect the ends of justice. SEC. 5. Section fourteen of said Act is hereby amended so as to read as follows: Section 14. The Superintendent of Public Streets and Highways may require, at his option, by notice in writing to be delivered to them personally or left on the premises, the owners, tenants or occupants of lots or portions of lots liable to be assessed for work done under the provisions of this Act to improve forthwith any of the work mentioned in section three of this Act in front of the property of which he is the owner, tenant or occupant, to the centre of the street or otherwise, as the case may require, or to remove all filth and dirt from the street in front of his premises; and by a like notice to be served personally upon the President or any officer of a railroad corporation or company, or to be left at the office of said corporation or company, to require such corporation or company to improve forthwith any work mentioned in this Act which said corporation or company are required by law to do and perform; said notice to specify what improvement is required or work is to be done. After the expiration of three days, the said Superintendent shall be deemed to have acquired jurisdiction to contract for the doing of the work, or making the improvements, or the removing the filth and dirt required by said notice. If such improvement or work of cleaning be not commenced within three days after notice given as aforesaid, and diligently and without interruption prosecuted to completion, the said Superintendent may enter into a contract with any suitable person applying to make said improvements or to do said cleaning, at the expense of the owner, tenant or occupant, or railroad corporation or company, as the case may be, at a reasonable price, to be determined by said Superintendent; and such owner, tenant or occupant, or railroad corporation or company, shall be liable to pay the same. After the certificate referred to in section fifteen shall have been recorded, the sum contracted to be paid shall be a lien, the same as provided in section ten of this Act, and also a lien upon the franchise and property of said corporation or company, and may be enforced in the same manner as other assessments. SEC. 6. Section fifteen of said Act is hereby amended so as to read as follows: Section 15. If the expense of such improvements, or removing such dirt and filth after the completion thereof, be not paid to the contractor so employed, or his agent or assignee, on demand, the said contractor or his assigns shall have the right to sue the owner, tenant or occupant, or railroad corporation or company, under the provisions of this Act, for the amount contracted to be paid, and the certificate of the Superintendent 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 of the right of the contractor to recover for the same in such action. SEC. 7. Section sixteen of said Act is hereby amended so as to read as follows: Section 16. In addition, and as cumulative to the remedies Penalties. above given, the Board of Supervisors shall have power, by resolution or ordinance, to prescribe the penalties that shall be incurred by any owner, tenant, occupant, or railroad corporation or company, neglecting or refusing to make improvements or remove dirt and filth, as provided for in section fourteen of this Act; which fines and penalties shall be recovered for the use of the city and county, by prosecution in the name of The People of the State of California, as in other cases provided for in subdivision eleven of section fifteen, chapter four hundred and ninetythree, on page five hundred and forty-four of the Statutes of said State, approved May eighteenth, eighteen hundred and sixty-one, and may be applied, if deemed expedient by the said. Board, in payment of the expenses of any such improvements when not otherwise provided for. SEC. 8. Section nineteen of said Act is hereby amended so as to read as follows: Section 19. The records kept by the Superintendent of Pub- Official reclic Streets and Highways, in conformity with the provisions of ords. this Act, and signed by him, shall have the same force and effect as other public records; and such records, or copies thereof duly certified by said Superintendent, may be used in evidence with the force and effect as the original assessments, diagrams and warrants. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge. SEC. 9. Section twenty-two of said Act is hereby amended so as to read as follows: Section 22. The said Superintendent shall keep a public office Duties of Superintend❜t. in some convenient place, to be designated by the Board of Supervisors, and his office shall be kept open as in this Act required. He shall not, during his continuance in office, follow any other profession or calling, but shall be required to devote himself exclusively to the duties of his office. He shall be allowed, at the discretion of the Board of Supervisors, not more than eight deputies, to be by him appointed from time to time. Four of said deputies shall receive a salary not exceeding one Deputies. hundred and fifty dollars each, and four a salary not exceeding one hundred and twenty-five dollars per month. It shall be lawful for the said deputies to perform all or any of the duties conferred by this Act upon the Superintendent of Public Streets. and Highways, under the direction of the said Superintendent, except the acceptance or approval of work done. The Superintendent of Public Streets and Highways, or his deputies, shall Acts repealed. superintend and direct the clearing of all sewers in the public streets, and the expenses of the same shall be paid out of the Street Department Fund in the same manner as provided for the improvements of streets that have been finally accepted as in this Act provided. SEC. 10. All Acts and parts of Acts, so far as they conflict and are inconsistent with the provisions of this Act, are hereby repealed. This Act shall take effect and be in force from and after its passage. Tax to be levied. Applicants for relief. CHAPTER CCCXXI. An Act to provide for the relief of the indigent sick of San Mateo County. [Approved March 26, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of San Mateo County shall have power, and it shall be their duty, at the time and in the manner of levying county taxes, to annually levy such tax as such Board may think necessary, not to exceed twenty cents on the one hundred dollars valuation on all the taxable property of said county appearing upon the assessment roll, duly equalized, for the care, maintenance and medical treatment of the indigent sick of said county; which tax shall be collected and paid over to the County Treasurer in the same manner as the other county taxes. Said tax, when collected and paid over as aforesaid, shall constitute and be known as the "Hospital Fund" of said county, and shall be used for no other purpose than for the care, maintenance and medical treatment of the indigent sick of said county. SEC. 2. Any person applying for the benefits of this Act shall make application, or in case of his or her inability so to do, some competent person shall apply to the Supervisor or Justice of the Peace of the township in which the indigent sick person resides. Said Supervisor or Justice may examine the person making application under oath, touching said application; and if it shall appear that the applicant is destitute, and that by reason of sickness, decrepitude or any bodily infirmity said applicant is unable to labor, then the person to whom said application shall have been made shall grant a certificate to that effect, and that he or she is entitled to the benefits of this Act. Said certificate shall authorize some person, designating him by name, to provide for the wants of such indigent person, under such limitations and restrictions as the Board of Supervisors by standing rules may have previously fixed. Said certificate shall be delivered to the person designated, and the person providing for such indigent person shall present to the Board of Supervisors his demand for such service. Said demand shall be passed upon in the same manner as other demands; and no such demand shall |