Eminent Domain—Bight of Way for Public Boad—Petition for Opening—Bond to Supervisors not Assailable Collaterally.— In a proceeding in eminent domain by a county to condemn a right of way for a public road, the bond given to the supervisors in connection with the petition to them for the opening of the road cannot be collaterally assailed for any defect therein.

Id.—Sufficiency of Preliminary Steps—Jurisdiction of Supervisors. While the law requires preliminary steps to be taken before the board of supervisors prior to maintaining an action by the county to condemn property of nonconsenting land owners, jurisdiction to determine the sufficiency of such steps, or whether they have been properly taken, is vested solely in the board of supervisors.

Id.—Pinal Judgment of Board—Order to Commence Action to Condemn.—The determination by the board as to the sufficiency of preliminary steps must be deemed the final judgment of a competent tribunal in a proceeding entirely distinct from the action to condemn. The order directing the district attorney to institute the action to condemn is in the nature of a final judgment adjudicating upon the sufficiency of all prior proceedings requisite to the making of the order.

Id.—Beview Limited to Certiorari.—If the proceedings be irregular, or any essential step therein be wanting, objection thereto should be taken by obtaining a review upon certiorari of such proceedings in the proper court.

Id.—Informality not Vitiating Suit to Condemn—Conclusive Proof. Under section 2690 of the Political Code, “no informality in the proceedings of the board shall vitiate said suit [to condemn], but the order of the board directing the district attorney to bring suit shall be conclusive proof of the regularity thereof.”

Id.—Immaterial Addition to Bond—Surplusage.—An additional insertion in the bond for the opening of the road, which is otherwise regular in form, to the statutory words “will pay all costs of viewing and surveying in case the prayer of the petition shall not be granted,” of the words .“and the said road finally not opened,” is óf mere surplusage, and does not add nor detract from the liability of the bondsmen. The bond could have reference to no road other than that indicated by the petition with which the bond was filed.

Id.—Irregularity not Affecting Private Eights.—The alleged defect in the addition to the bond is at most a mere irregularity, which did not affect the private rights of the appellant whose property was condemned for a right of way for the road.