Section 11. No contract shall be considered as complete until Completion after it has been approved by the Engineer, and the work shall of contracts. not be accepted by the Board, if objections be made thereto, until after an examination and report of a committee of not less than two members. SEC. 6. Section twelve of said Act is hereby amended so as to read as follows: missioners, Assistants. Section 12. The Commissioners mentioned in this Act shall Pay of Com. each receive a compensation of seventy-five dollars per month, Engineers, and the Commissioner who shall be elected Secretary shall and receive an additional compensation of twenty-five dollars per month for his services as such Secretary, payable from the Swamp Land Fund. The Civil Engineers, to be selected by the Board, shall receive as compensation for their services in surveying, measuring, levelling, and making estimates, a reasonable sum, to be allowed by the Board of Commissioners, which in no case shall exceed six dollars per day for the time actually employed; and the Board may also allow a reasonable compensation to such assistants as they may require; provided, that in no case shall it exceed four dollars per day, and the sum so paid the Engineers and their assistants shall be a part of the charges in the estimates of total cost of the reclamation of the particular district of land surveyed. SEC. 7. Nothing in this Act, or the one to which this Act is Re-surveys. amendatory of, shall be construed so as to authorize the Commissioners created by this Act to permit a re-survey of any Swamp Land District heretofore surveyed by authority of the Board of State Swamp Land Commissioners, unless a re-survey is demanded on petition of the owners of at least one half of the Swamp and Overflowed Land in a district where a re survey is desired. SEC. 8. Swamp Land District Number Two is hereby ex- Exemption. empted from the provisions of this Act, also the Act to which this Act is amendatory and supplementary. CHAP. CCCL.-An Act to amend an Act entitled an Act amendatory of Article Fourth of an Act entitled an Act to repeal the several Charters of the City and County of San Francisco, to establish the Boundaries of the City and County of San Francisco, and to consolidate the Government thereof, approved the nineteenth day of April, eighteen hundred and fifty-six, repealing Sections Thirty-Six to SixtyFour inclusive, and Acts and parts of Acts amendatory and supplementary thereof, and substituting this Act for said Article Four, approved April twenty-fifth, eighteen hundred and sixty-two. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section four is amended to read as follows: Section 4. The Board of Supervisors may order any work Powers of authorized by section three of this Act to be done, after notice Supervisors parties. of their intention so to do, in the form of a resolution, describing the work, and signed by the Clerk of said Board, has been published for a period of ten days; and it shall not be lawful for any property owner to become exempt from assessment by the performance after the first publication of the said notice of intention of any work included in such notice. At the expiration of any notice of intention, as herein before provided, the Board of Supervisors shall be deemed to have acquired jurisdiction to order any of the work to be done, or to be afterward improved, which is authorized by section three of this Act; and all owners Aggrieved of lands or lots, or portions of lots, who may feel aggrieved, or who may have objections to any of the subsequent proceedings of the said Board in relation to the work mentioned in such notices of intentions, shall file with the said Clerk a petition or remonstrance, wherein they shall state in what respect they feel aggrieved, or the proceedings to which they object. Said petition or remonstrance shall be passed upon by the said Board of Supervisors, and their decisions thereon shall be final and conclusive. The owners of more than one half in frontage of the lots and lands fronting on the work proposed to be done and designated in said resolutions, may make written objections to grading and to piling, capping and planking, within ten days after the first publication of said resolution of intention; said objections shall be delivered to the Clerk of said Board of Supervisors, who shall indorse thereon the date of the reception by him, and such objections, so indorsed, shall be a bar to any further proceedings in relation to said grading for a period of six months, unless the owners aforesaid shall sooner petition for said grading to be done; provided, that when one half or more of the grading of any street lying between two main street crossings has been already performed, the Board of Supervisors may order the remainder of such grading to be done, notwithstanding the objections of any property owners. Before passing any order for the construction of sewers, plans, specifications, and careful estimates shall be furnished to the said Board of Supervisors by the Superintendent of the Public Streets and Highways of the City and County of San Francisco, if required by them. Proviso. Powers and duties of Super Streets. SEC. 2. Section seven is amended to read as follows: Section 7. The Superintendent of Public Streets and Highways is hereby authorized, in his official capacity, to enter into intendent of all written contracts, and to receipt all bonds authorized by this Act, and to do any other acts, either expressed or implied, that pertain to the Street Department under this Act; and said Superintendent shall fix the time for the commencement and completion of the work under all contracts entered into by him, and may extend the time so fixed from time to time under the direction of the Board of Supervisors. And in all cases where the Superintendent, under the direction of said Board, has extended the time for the performance of contracts, the same shall be held to have been legally extended. And whenever, in any contract heretofore made, the said Superintendent has fixed the time for doing the work, or has extended the same, such acts shall be deemed and held to have been legally done, and it shall so be held in all the Courts of this State; but this pro vision shall not apply to any contracts the work under which has not been commenced. The work provided for in section three of this Act must, in all cases, be done under the direction and to the satisfaction of the Superintendent, and the materials used shall be such as are required by the said Superintendent; and all contracts made therefor must contain this condition, and also express notice that in no case, (except where it is otherwise provided in this Act,) will the city and county be liable for any portion of the expense, nor for any delinquency of persons or property assessed. The assessment and apportionment of the expenses of all such work, in the mode herein provided, shall be made by the said Superintendent of Public Streets and Highways. SEC. 3. Section eight is hereby amended to read as follows: Section 8. One-The expense incurred for any work author- Expenses. ized by section three of this Act, shall be assessed upon the lots and lands fronting thereon, except as hereinafter specially provided, each lot or portion of lot being separately assessed, in Assessment. proportion to its frontage, at a rate per front foot sufficient to cover the total expense of the work. Two-The expense of all improvements (except such as done Payments of by contractors under the provisions of section fourteen of expenses. this Act) until the streets, street crossings, lanes, alleys, places, or courts, are finally accepted, as provided in section twenty-one of this Act, shall be assessed upon the lots and lands as provided in this section, according to the nature and character of the work, and after such acceptance, the expense of all work thereafter done thereon shall be paid by said city and county out of the Street Department Fund, and if said Fund shall not be sufficient to defray such expenses, the Board of Supervisors may transfer from the General Fund to the Street Department Fund sufficient money to meet any deficiency. Three-The expense of work done on main street crossings, Main street excepting such as are provided for in subdivision eight of this crossings. section, shall be assessed upon the four quarter blocks adjoining and cornering on the crossing; and each lot or part of a lot, in such quarter blocks, fronting on such main streets, shall be separately assessed, according to its proportion of frontage on the said main streets. Four-Where a main street terminates at right angles in Termination another main street, the expense of the work done on one half the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of such lots on said main streets, and the expense of the other half of the width of said street upon the lots fronting on the latter half of the street opposite such termination. Five-Where any small or subdivision street crosses a main Subdivison street, the expense of all work done on said crossing shall be streets. assessed on all the lots or portions of lots half way on said small streets to the next crossing, or intersection, or to the end of said small or subdivision street, if it does not meet another. Six-The expense of work done on the small or subdivision Small streets street crossings, shall be assessed upon the lots fronting upon such small streets on each side thereof, in all directions, half Small streets Official map. Expenses. Assessments Water front. Work on streets. way to the next street, place, or court, on either side, respectively, or to the end of such street, if it does not meet another. Seven-Where a small street, lane, alley, place, or court, terminates in another street, lane, alley, place, or court, the expense of the work done on one half of the width of the street, lane, alley, place, or court, opposite the termination, shall be assessed upon the lots fronting on such small street, lane, alley, place, or court so terminating, according to its frontage thereon, half way on each side, respectively, to the next street, lane, alley, place, or court, or to the end of such street, lane, alley, place, or court, if it does not meet another, and the other one half of the width upon the lots fronting such termination. Eight-The map now in the office of the said Superintendent of Public Streets and Highways, showing the street crossings or spaces formed or made by the junction or intersection of other streets with Market street, also showing other street crossings adjoining fractional or irregular blocks, (all which said crossings or spaces are colored on said map, and numbered from one to seventy, inclusive,) and heretofore certified by said Superintendent, and adopted by a resolution of the Board of Supervisors, Number Fifteen Ilundred and Seventy-Eight, approved on the sixteenth day of December, eighteen hundred and sixty-one, which resolution is copied on the face of said map, shall be deemed and held to be an official map for the purposes of this Act, and the same is hereby approved; and the expenses incurred for work done on the said crossings of spaces formed by the junction and intersection of East street with Market street, and of other streets with Market street, on the northerly side of the same, and not squarely in front of and not properly assessable to lots fronting on such streets, and for work done on said other street crossings and spaces, all of which are colored on said map, shall be assessed on the contiguous, adjacent, and neighboring irregular or quarter blocks or lots of land which are of the same color as the crossings or spaces, and which have a number thereon corresponding with the number of the crossing or space on which the work has been done. Nine-In all the streets constituting the water front of the City and County of San Francisco, or bounded on one side by the property of said city and county, or crossings cornering thereon, or on the water front, the expense of work done on that portion of said streets, from the centre line thereof to the said water front, or to such property of the city and county bounded thereon, and of one fourth of their crossings shall be provided for by the said city and county; but no contract for any such work shall be given out except to the lowest responsible bidder, after an observance of all the formalities required by this Act. Ten-Where any work mentioned in section three of this Act (sewers, manholes, cesspools, culverts, crosswalks, crossings, curbings, grading, piling, and capping excepted) is done on one side of the centre line of said streets, lanes, alleys, places, or courts, the lots or portions of lots fronting on that side only in front of which said work is done shall be assessed to cover the expenses of said work according to the provisions of this section. Eleven-The assessment made to cover the expenses of the Assessments grading mentioned in the proviso in section four of this Act, shall be assessed upon all the lands, lots, and portions of lots, fronting on either side of said street, lying and being between the said main street crossings, in the manner provided in subdivision one of this section. Before any work is done under a contract to complete the grading of a partially graded street, lane, alley, place, or court, under the provisions of section four of this Act, the City and County Surveyor shall ascertain as near as possible the number of cubic yards of grading done previous to the letting of the contract in front of each lot or parcel of land fronting upon the work under contract, and also, ascertain the number of cubic yards of grading necessary to complete the grading included in the contract, and certify such estimates to the Superintendent of Public Streets and Highways before the completion of the work included in the said contract. And Owners may when any owner of a lot or lots fronting on said partially graded grade, etc. street, lane, alley, place, or court, has graded a part of the same, and such grading 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 he shall be determined to have done at his own expense shall be credited to him at the contract rate; provided, that in Proviso. 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. an Act not Twelve-Section one of an Act entitled an Act amendatory of Section of and supplementary to an Act to provide revenue for the sup- applicable. port of the government of this State, approved April twentyninth, eighteen hundred 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. contractors. SEC. 4. Section eleven is hereby amended to read as follows: Section 11. The contractor, or his Agent, or assigns, shall rectore call upon the persons so 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 or his Agent 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 |