Manning

— Action to foreclose the lien of a street assessment.

1. It is alleged in the complaint that on the fifteenth day of October, 1888, the city council of Los Angeles awarded to the-assignors of the plaintiff a contract for *613 doing the work upon which the assessment in question was afterwards issued; that the clerk posted a notice of said award “ on the seventeenth day of October, 1888, and for five days thereafter ”; that afterwards, on the twenty-second day of October, 1888, the street superintendent entered into a contract with the plaintiff's assignors to- do said work, and thereafter made the assessment upon which this action is brought.

Section 5 of the act of March 18, 1885, authorizing street improvements, provides that after the contract has been awarded, “ notice of such awards of contracts shall be posted for five days, in the same manner as hereinbefore provided for the publication of proposals for said work. The owners of the major part of the frontage of lots and lands upon the street whereon said work is to be done .... may, within ten days after the first posting of notice of said av/ard, elect to take said work, and enter into a written contract to do the whole…