Buckman v. Cuneo

Citations

• 103 Cal. 62
• 36 P. 1025
• 1894 Cal. LEXIS 720

Syllabus

<p>Street Improvement—Extension of Time—Power of Board of Supervisors.—Under section 6 of the act of March 14, 1889, the city council, or hoard of supervisors of the city and county of San Francisco, has power to grant extensions of time for the performance of a contract for street improvement, which power is not limited either as to the number or time of such extensions; and it is within its power to grant an additional extension before an extension previously granted has taken effect, provided the work, up to the time of the making of the application, is shown to have been prosecuted diligently in accordance with the requirements of the statute.</p> <p>Id.—Presumption as to Showing of Diligence—Operation of Extension.—In the absence of a showing to the contrary, it will be presumed that the action of the board, or council, in the granting of the extension,was based upon a proper showing, and an extension begins to operate from the expiration of the previous extension, and not from the time that it was granted.</p> <p>Id.—Recording of Engineer’s Certificate—Diagram Part of Certificate—Void Lien.—By the act of March 14, 1889, the recording of the engineer’s certificate was made an additional prerequisite to the creation of a lien thereunder, and where a diagram was drawn on the hack of the engineer’s certificate, which was referred to in the certificate, and showed to what extent the work was performed under the contract, and to what extent it was left unperformed, such diagram is a material part of the certificate, and it must be recorded in the office of the superintendent of streets, and, upon failure to record it, no valid lien attaches to the property assessed.</p>