Day fixed for hearing referred to in the petition for a description of the lands aforesaid. SEC. 10. Upon filing the petition mentioned in section of petition. nine, the said County Court shall have and take jurisdiction of said proceedings, and the Judge of said Court shall, by order, fix a day for the hearing of said petition, which may be in term time or vacation, but shall be not less than ten (10) nor more than twenty (20) days from the date of said order. Said order shall further direct notice of the time and place of said hearing to be given by the Clerk, by publication in two daily newspapers published in said city, and designated in said order, for at least a period of ten days in succession. Notice shall specify what. Appointment of Commissioners. SEC. 11. The notice mentioned in section ten shall specify the exterior boundaries of the lands sought to be taken for said improvement, and of the lands declared to be benefited thereby, and to be assessed for the expenses thereof, and shall further state that the damages to which the owner or owners of the land sought to be taken may be entitled for the same will be inquired into and determined, and that such damages, together with the costs of the proceedings for acquiring title to such lands, and making apportionment thereof, will be apportioned and assessed upon the lands to be benefited thereby, by Commissioners to be appointed by said Court, on the day fixed by said order for the hearing. Said notice shall be published daily for at least ten (10) days (Sundays and non-judicials days excepted) before said hearing. SEC. 12. At the time fixed for the hearing, or at such other time as the hearing may be adjourned to, the Court shall proceed to hear any party interested touching the regularity of the proceedings, and if satisfied that the proceedings have been regular, shall appoint three competent and disinterested Commissioners. The Court may at any time remove any or all of said Commissioners for cause, upon reasonable notice and hearing, and may fill the vacancies Objections to Occurring among them from any cause. Any party interested may object to the appointment of any person as Commissioner, on one or more of the grounds specified in section six hundred and forty-one (641) of the Code of Civil Procedure as grounds for objection to the appointment of persons as referees. appointment. Duties of Commissioners SEC. 13. The Commissioners shall be sworn faithfully to perform their duties according to the provisions of this Act. They shall then proceed to view the lands mentioned and described in said resolution and petition, and may examine witnesses on oath, to be administered by any one of them, and shall keep minutes of the testimony so taken; they shall ascertain and appraise the value of the property sought to be taken for the improvement, and all improvements thereon partaking of the realty and of each and every estate therein; if it consists of different parcels, the value of each parcel and each estate or interest therein shall be separately appraised; if the property sought to be taken constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned or taken, by reason of its severance from the portion sought to be taken, and the construction of the improvement in the manner proposed, shall be appraised by said Commissioners; they shall also ascertain and determine, as near as may be, the entire costs of the proceedings for the opening, extension, or improvement, aforesaid, including the costs of Court and of the Commissioners; they shall then proceed to apportion and assess the whole amount of such costs and expenses, value of property sought to be taken, and damages to property not taken, upon the property within the district declared by the resolution of the Council to be benefited by said improvement, and shall assess each tract, lot, piece, or parcel of land within said district in proportion to the benefits received by it from said improvement. Commis- SEC. 14. The said Commissioners, within a time to be Duties of fixed by the Court, shall make a report of their proceedings, under their hands, or the hands of a majority of them, to the said Court, in which report they shall describe, with common certainty, the several parcels of land sought to be taken for such improvement, and the names of the owners thereof, respectively, so far as they can be ascertained, designating unknown owners, if any such there be, and the sum of money which should be paid to each of said owners as his or her compensation for the land necessary and sought to be taken and condemned for said improvement, or of his or her estate therein; and in case only a part of a large parcel has been taken for said improvement, and the remaining portion is damaged or benefited thereby, they shall describe said remaining portion, and specify the sum to be paid or assessed to the owner thereof, or such damages or benefits, as the case may be; they shall also describe, with common certainty, the several parcels of land within the district, deemed to be benefited by said improvement, and the names of the owners thereof, so far as they can be ascertained, designating unknown owners, if such there be, and the sum of money which is assessed upon each particular parcel, and which should be paid by the owner thereof. day for SEC. 15. Upon the filing of such report, the said Court Court to fix shall, by order, fix a day for hearing objections to the con- hearing firmation thereof, and shall direct notice of the time and objections. place of said hearing to be given by the Clerk, by publication in a daily newspaper published in said city, for at least ten (10) days (Sundays and non-judicial days excepted) prior to said day of hearing. SEC. 16. Upon the day fixed for the hearing, the Court Hearing of shall proceed to hear any party interested upon any question objections. touching the regularity of the proceedings, the sufficiency of the compensation awarded, or the justice or equality of the assessment, and may confirm said report, or set the same aside, or remand the same for correction or alteration in any particular. If the report be set aside, the matter may, in like manner, be referred to the same or new Commissioners appointed by the Court, who shall proceed as herein before provided; if the report be remanded, it shall be corrected or altered in any particular required by the Court. 8 Compensa tion. Judgment rendered by contain what. SEC. 17. The Commissioners shall be entitled to reasonable compensation for their services under this Act, to be certified by the Court, and taxed by said Court as part of the expenses of the proceeding. SEC. 18. Upon confirmation of the report of the CommisCourt shall sioners, judgment shall be rendered by the Court thereon, which said judgment must describe each parcel of land taken for such improvement, and the amount to which the owner is entitled as compensation or damages for the taking thereof, and the name of such owner or owners, if known; and in case only a portion of a larger parcel is taken, said decree must describe said remaining portion, and the amount, if anything, to which the owner thereof is entitled as damages; and must also describe each parcel of land assessed for the expenses of said improvement, and the amount so assessed upon each parcel respectively. The judgment shall direct a sale of each parcel so assessed, or so much thereof as may be necessary to pay the amount of such assessment and expenses of sale, and the application of the proceeds of such sale to the payment of the expenses of such sale and the amount of compensation and damages awarded by said judgment; the judgment shall be a lien upon the property against which such assessment is made, and may be enforced by sale of the property assessed, as provided in section nineteen. Payment of damages. Condemuation of lands. Copy of decree to be SEC. 19. Within thirty (30) days after the entry of judgment, as prescribed in section eighteen, the persons liable must pay to the Clerk of the Court, for the benefit of the parties entitled thereto, the several amounts specified in said judgment, in default of which the respective parcels of land upon which the assessments have not been paid shall be sold by the Sheriff of Alameda County, under a certified copy of said judgment, and in the manner provided by law for the sale of property upon decree of foreclosure of mortgage. SEC. 20. The moneys realized from the sale of lands, as provided in section nineteen, shall be paid by the Sheriff, or officer making such sale, to the Clerk of the Court for the benefit of the parties entitled thereto. SEC. 21. Whenever the aggregate amount of damages or compensation awarded by the judgment of the Court shall have been paid to the Clerk, either by voluntary payment or as moneys realized from sales under said judgment, the Court must make and enter a final order or decree of condemnation of the lands taken for such improvement, which order or decree shall describe the property condemned, and the purpose of such condemnation. SEC. 22. A copy of the order or decree mentioned in filed where. section twenty-one must be filed in the office of the Recorder of Alameda County, and thereupon the property described therein shall vest in the City of Oakland for the uses and purposes therein specified, and said city shall be entitled to and may take immediate possession thereof. SEC. 23. Whenever the aggregate amount of damages or compensation awarded by the judgment shall have come to the hands of the Clerk, he shall, upon the demand of any party entitled thereto, pay to said party the amount awarded to him, or her, by said judgment. SEC. 24. If there is more than one claimant to any parcel of land taken for such improvement, or if the owner of any parcel is unknown, the amount awarded as damages or compensation for the taking thereof shall remain in Court to be awarded to the true owner by due process of law. SEC. 25. Any party feeling aggrieved by any proceedings, Appeal. orders, or judgments under this Act, may appeal to the Supreme Court, as in other cases. proceedings SEC. 26. All proceedings commenced and now pending Certain under the Act entitled "An Act to provide for the opening prosecuted; of streets in the City of Oakland," approved March 24th, one how. thousand eight hundred and seventy-six, shall be prosecuted and continued under said Act, and governed by the provisions thereof. Council to open two SEC. 27. It shall be the duty of the City Council, if in Duty of their judgment they deem it for the public convenience, and as soon as practicable after the passage of this Act, to open roadways. to public travel through the property situated in said City of Oakland and known as the City Hall lot, two roadways or streets, described as follows, to wit: First-Commencing at the southwesterly corner of Washington and Fourteenth Streets; thence running northerly with a radiation westerly of four hundred feet to a point in the northerly line of Fifteenth Street, where the westerly line of Washington Street, if continued northerly through said City Hall lot, would intersect said northerly line of Fifteenth Street, which said radiating line shall be the westerly line of said street or roadway. Second-Commencing at the southeasterly corner of Washington and Fourteenth Streets; thence running northerly with a radiation easterly of four hundred feet to a point in the northerly line of Fifteenth Strect, where the easterly line of Washington Street, if continued northerly through said City Hall lot, would intersect said northerly line of Fifteenth Street, said radiating line to be the easterly line of said street or roadway. Each of said streets shall be of width not less than thirty feet, and shall be kept open to the public until Washington Street shall be opened and continued through that portion of said lot now occupied by the City Hall. SEC. 28. An Act entitled "An Act to provide for the Repeal. opening of streets in the City of Oakland," approved March twenty-fourth, one thousand eight hundred and seventy-six, and all Acts amendatory thereof or supplementary thereto, are hereby repealed. SEC. 29. This Act shall take effect immediately. Surveyor to when streets are to be opened, etc. CHAP. CCCCXVIII.-An Act to provide for the opening of new streets and for the extending and widening of existing streets in the City of San José. [Approved March 28, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Mayor and Common Council of the City make sure of San José, upon the presentation of a petition for the opening of any new street, or for the extending or widening of any street in said city, or whenever said Mayor and Common. Council shall deem such opening, extending, or widening of any street a public necessity, may, in their discretion, direct, by ordinance, the City Surveyor to make an accurate survey of any such proposed street or streets, and return the same to the Common Council at its next regular meeting, or within such time as the Common Council shall, by ordinance or resolution, direct; and for the purpose of making such survey, the Surveyor shall have the right to enter upon any and all lands, but the city shall be liable to the owner or owners for any injury done to any such premises by reason of such entry. Notice to be given upon survey. SEC. 2. If the Mayor and Common Council approve the approval of Survey provided for in the preceding section, the City Clerk shall give notice, by publishing in some daily newspaper published in the City of San José, for the period of ten days, directed generally to all persons interested, setting forth that the survey of such proposed street, or streets, and such order approving such survey, have been made, and that unless the owners of all lands included within the lines of said street as proposed to be opened, widened, or extended, shall, within thirty days after the first publication of said notice, make, execute, and deliver to the City of San José a deed or deeds of donation of such lands, proceedings will be instituted for the condemnation of the same. Proceedings for condemnation of land. Appointment of Commissioners. SEC. 3. If, at the expiration of said thirty days, any one or more of the owners or claimants of any lands within the line of the streets so proposed to be opened, widened, or extended, shall have neglected or refused to make, execute, and deliver deeds of donation therefor, proceedings shall be instituted, in the name of the City of San José, against such person or persons, under the provisions of Part 3, Title 7, of the Code of Civil Procedure, for the purpose of condemning such lands to the use of the city as a public street; provided, that the benefits resulting to the land remaining may be offset against the value of the land actually taken, as also against any damages resulting to such adjacent land from such improvement. SEC. 4. It shall be the duty of the Mayor and Common Council, as soon as the amount of said damages are ascertained and become final, to appoint three disinterested citizens, who are freeholders in said city, and competent judges of the value of real estate therein, as Commissioners, with |