People v. Reay
Before: Coukt
Synopsis
Action to Enforce Lien of Street Assessment.—The Assistant City and County Attorney of San Francisco has no authority to commence an action under the Act of April 4th, 1870, to enforce the lien on a lot for an assessment for improving a street until after the Tax Collector of the city and county shall have published a notice for the period of thirty days that the assessment is in his hands for collection, and that the same will he delinquent if not paid in that time.
By the Coukt : The Assistant City and County Attorney had no authority to bring this action until after the Tax Collector had given the thirty days’ notice required by sec. 10 of the Act of April 4th, 1870. The failure to give this notice is a matter which goes to the power of the Assistant City and County Attorney, not to the sufficiency of the complaint or proof, or to the question as to whether any other defenses can be made to the merits than those mentioned in sec. 11 of the same act.
An action commenced before such publication by the Tax Collector was prematurely brought.
Judgment and order reversed and cause remanded.
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