Rauer v. Lowe

Citations

• 107 Cal. 229
• 40 P. 337
• 1895 Cal. LEXIS 739

Syllabus

<p>Street Assessment—Invalid Certificate of City Engineer—Signature by Clerk—Evidence — Insufficient Basis for Lien.—In an action to foreclose a street assessment a certificate purporting to be a certificate of the city engineer as to the performance of the work, which was not signed by him in person, nor in his name by a deputy appointed by him, but by a mere clerk in his office, who signed the name of the city engineer to the certificate, adding Ms own initials to indicate that he bad written that officer’s name, is not admissible in evidence, and is invalid and insufficient as the basis of a lien upon any property charged with the expense of the work.</p> <p>Id.—Delegation of Official Duty,—A deputy cannot be appointed unless authority to make the appointment has been conferred by law, and a mere clerk or employee cannot be empowered by an officer to perform official acts.</p> <p>Id.—Recording of Civil Engineer’s Certificate. — Under the act of March 14, 1889, the engineer’s certificate must be recorded, as well as the warrant, assessment, and diagram, as an additional and necessary prerequisite to the creation of a lien.</p> <p>Id.—Separate Books of Record—One Record Essential.—Where the assessment, warrant, and diagram were separately recorded in a separate book of assessment records, while the engineer’s certificates were recorded in a small book kept in the same office, but not with the assessment records, nor referred to therein, so as to make it even constructively a part of the assessment records, such recording of the engineer’s certificate is invalid, the statute contemplating but one record of the warrant, assessment, and diagram, and engineer’s certificate.</p> <p>Id.—Validity of Contract for Work—Indemnity of Street Superintendent.—A contract for the construction of a sewer is not void, because it guarantees the street superintendent and his sureties and bondsmen immunity from liability; and such provision can have no effect to prevent property owners