Frenna

Actions for foreclosure of liens for street work. Defendants had judgment, and the plaintiff appeals.

Plaintiff’s right to recover in these suits depends upon the validity of the lien which the suits were brought to foreclose. This lien is attacked by respondents on several grounds, only one of which it will be necessary to notice in this opinion. Section 9 of the street improvement act, as amended in 1889, provides: “Said warrant, assessment, and diagram, together with the certificate of the city engineer, shall be recorded in the office of said superintendent of streets. When so recorded, the .several amounts assessed shall be a lien upon the lands, lots, or portions of lots assessed respectively for the period of two years from the date of said recording, unless sooner discharged.” It would seem from this that there can be no lien without a certificate of the city engineer being recorded. (Stat. 1889, p. 167.) The certificate here referred to is presumably the one mentioned in section 34 of the act (Stats. 1891, p. 306), which relates to surveys and estimates of work to be done under the act, and' when signed by the city engineer in his official character is to be treated as…