Fanning

This is an action on an assessment for street-work in the city and county of San Francisco, done under the act of April 1, 1872.

Appellant relies for a reversal upon three grounds: 1. That there was no recommendation by the street superintendent, and therefore no jurisdiction in the board of supervisors to order the work done; 2. That the contractor did not grade the street to the official grade; 3. That the assessment and demand included a charge for work not authorized to be done.

It cannot be said there was no evidence that the work had been recommended by the superintendent of streets. Section 12 of the act provides that the warrant, assessment, and diagram shall be held prima facie evidence of the regularity and correctness of the assessment, and of the prior'proceedings and acts of the superintendent, and of the regularity of all the acts and proceedings of the board of supervisors upon which the warrant, assessment, and diagram are based. In Jennings v. Le Roy, 63 Cal. 401 , it was held that this provision was not confined in its operation to the proceedings mentioned in section 12, but was applicable in actions of this kind to establish prima facie the facts that the…