Gately

This is a suit to foreclose street assessment in San Francisco.

*114 The board of supervisors declared their intention and ordered that the sidewalks on Leavenworth street from Pacific to Jackson streets be “reconstructed.”

Lot 8 on which it is sought to enforce the assessments— is represented on the diagram accompanying the assessments with a frontage of eighty-six feet nine and one-quarter inches. It is charged in the assessment for “new sidewalks” with thirty-nine feet, but there is nothing in the assessment or diagram to indicate which thirty-nine feet of the eighty-six feet nine and one-quarter inches is made subject to the assessment, and nothing in the diagram indicating that thirty-nine feet of the frontage is separately assessed for any work. The statute requires that the diagram shall show the number of front feet assessed “for work contracted for and performed”—shall show each lot assessed: Laws 1871-72, p. 313. It has been repeatedly held by this court that each lot assessed must be distinctly described upon the diagram.

An objection to the proceedings of the superintendent, at least equally weighty, is based on his attempt to charge each separate lot with the work…