Heaton

Action to enforce the lien of an assessment of four hundred and thirteen dollars on defendants’ lot for work done by plaintiff on Broadway, in the city of Oakland, under contract with the superintendent of streets.

The cause was submitted to the trial court upon an agreed statement of facts, whereupon judgment was rendered in favor of the plaintiff, from which defendants appeal on the judgment-roll, and contend here that the stipulated findings of fact do not support the judgment.

The street work for which the assessment was levied *164 upon defendants’ lot was done under “ An act to provide for work upon streets,” etc., approved March 18, •1885 (Stats. 1885, p. 147), in section 3 of which it' is provided, among other things, that “ Before passing any resolution for the construction of said improvements, plans and specifications, and careful estimates of the costs and expenses thereof, shall be furnished to said city council, if required by it, by the city engineer of said city, and for the work of constructing sewers specifications shall always be furnished by him.” And in section 6 of the same act it is provided: “The city council may by ordinance prescribe general rules…