Partridge

This is an action to recover upon a street assessment. In the superior court a demurrer to the complaint was sustained, and judgment thereupon rendered for defendant. Plaintiffs appeal.

1. It is well settled that “the passage and publication of the resolution of intention are acts by which the board acquires *520 jurisdiction; and by those acts they acquire jurisdiction to make only such improvements as they described in the resolution, and they cannot, therefore, lawfully cause work other than that which is described to be performed.” (Beaudry v. Valdez, 32 Cal. 276 ; Himmelman v. Satterlee, 50 Cal. 68 .) The complaint alleges that the board of trustees of the town of San Rafael passed a resolution declaring it to be the intention of such board to order “that B Street .... be macadamized”; and thereafter, assuming to act under such resolution of intention, awarded to plaintiffs a contract to macadamize the street mentioned, and also to construct therein rock gutterways, “formed by laying flat stones even on their upper surfaces .... and not more than nine inches square .... the stone to be hand laid . ; . . and securely spawled where openings between the joists occur,” the…