Anderson

— This is an action to foreclose the lien of a street assessment upon a lot on Oak Street, in the city of San Francisco. The assessment was for the con *405 struction of a brick sewer with man-holes on Oak Street, from the westerly line of Cole Street to Baker Street, and the complaint alleges that all the proceedings leading up to the assessment were duly had and taken under and in pursuance of an act of the legislature entitled “ An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities,” approved March 18, 1885, and an act amendatory thereof and supplementary thereto, approved March 14, 1889.

The defendant, by his answer, denied all the averments of the complaint, except that he was the owner of the lot assessed at all the times mentioned in the complaint.

The court below found' all the averments of the complaint to be true, and gave judgment for the plaintiff. The defendant appealed from the judgment, and has brought the case here on a bill of exceptions.

1. It is claimed by the appellant that the resolution of intention to do the work, passed by the board of supervisors, was not published…