Beveridge

This is an action brought on a street assessment, for work clone in San Francisco.

The time prescribed in the contract expired on the 12th of September, 1877. On the 17th of December, 1877, the Board of Supervisors attempted to authorize the Superintendent of Streets to grant an extension of time to complete the work, which extension was granted by said Superintendent on the 21st of December, 1877.

We are of the opinion that the Board of Supervisors had no power under the present law (Stats. 1871-72, p. 808) to extend the time for the completion of street work after the expiration of the time prescribed in the contract. The language of the law is: “ But should the said contractor or the property owners fail to prosecute the same diligently or continuously, in the judgment of said Superintendent of Public Streets, Highways, and Squares, or to complete it within the time prescribed in the contract, or within such extended time, then it shall be the duty of said Superintendent of Public Streets, Highways, and Squares to report the same to the Board of Supervisors, who shall, xoithout further petition on behalf of the property owners, order the Clerk of the Board of Supervisors to…