constructive service of summons by publication is sufficient even if some of the publications, including the last, were made on Sunday. It is a mere ministerial act and may be performed upon a dies non juridicus. There does not seem to be any reason why a resolution of intention may not likewise be published on a Sunday, or rather there does not seem to be any reason why the fact that one of the publications falls on a Sunday, should vitiate the constructive notice to property owners of the passage of a resolution of intention, any more than that fact should vitiate the constructive service of a summons-in the absence of a statute expressly excepting Sundays.

Furthermore, it would seem from the express language of the act that part of the publication may be made on Sunday, that is, that a publication of the resolution of inten tion on Saturday and the following Sunday, for example, if made in a daily newspaper published on Sundays, would be sufficient. For section 34, subdivision 4, expressly provides that all notices, resolutions, orders, etc., when published in a newspaper shall be published "as often as the same is issued."

A newspaper which is published six days in each week is a "daily" newspaper, [Richardson v. Tobin, 45 Cal. 30] and where the statute does not specify a particular language in which it must be published, a publication in a German newspaper, but in the English language, is sufficient. [Id.] If the resolution is not published for the length of time required by law the whole proceedings are void. [Brady v. Burke, 90 Cal. 1.]

3. Posting and Publication of Notices of the Passage of the Resolution. The superintendent of streets is required by section 3 of the act to cause to be conspicuously posted along the line of the contemplated work, at not more than 100 feet in distance apart, etc., notices of the passage of the resolution. Also to cause a notice, similar in substance, to be published for six days in one or more daily newspapers, designated by the city council, or in cities where there is no daily newspaper, by one insertion in a semi-weekly or weekly newspa per, so published, circulated and designated. Or, "in case there is no such paper published in said city, said notice shall be posted for six days on or near the chamber door of the council, and in two other conspicuous places in said city," as provided in sections 3 and 34 of the act.

(a.) Posting. The act requires the notices to be posted along the line of the contemplated work, or, "when the work to be done is only upon an entire crossing, or any part thereof, in front of each quarter block, or irregular block,

liable to assessment." [See section 7, subdivisions 3, 4, 5 and 6, for mode of assessing for work done on street crossings.]

In Miller v. Mayo, 88 Cal. 568, it was held that where the contemplated work is work along a street for two or more blocks so as to include one or more crossings made by the intersections of other streets with the street along which the work is to be done, it is sufficient if the notices required to be posted along the line of the contemplated improvement are posted without posting any notices in front of the quarter blocks adjoining and cornering upon the crossings, or quarter blocks liable to assessment. The reason is that the proviso in section 3 of the act of 1885, "or when the work to be done is the improvement of an entire crossing, in front of each quarter block liable to be assessed," is in the disjunctive, and is a separate mandate from that with which it is connected. This is still more clearly the case under the act as amended in 1891. For, as it now reads, the notices. are to be posted in front of the quarter blocks cornering upon a crossing, "when the work to be done is only upon an entire crossing or any part thereof." Accordingly, when the proposed work is along a street, causing notices to be posted along the line of the contemplated work, i. e. along the street at not more than 100 feet in distance apart, but not less than three in all, is sufficient even if one or more crossings are included. But when the work to be done is only upon an entire crossing, or any part thereof, the notices must be posted in front of each quarter or irregular block adjoining and cornering upon the crossings, or quarter blocks liable to be assessed.

(b.) Publishing. The act likewise requires the superintendent of streets to cause to be published a notice of the passage of the resolution, similar in substance to the notices to be posted. It need not be exactly identical in all respects, provided it be "similar in substance." It must be published for six days, if there be a daily, semi-weekly or weekly newspaper printed and circulated in the city. If there is no such paper, it must be posted for six days on or near the chamber door of the council and in two other conspicuous places.

A notice published by the superintendent of streets, containing the whole of the resolution of intention, and stating the date and fact of its passage, is sufficient, and is not rendered defective because of an omission to refer to the resolution for further particulars. [Schmidt v. Market St. R. R. Co., 90 Cal. 37.]

4. Order for the Work to be Done. A certain length of time after the posting and publication of the notices of the passage of the resolution of intention is allowed the property owners within which to file written objections to the doing of the proposed work. In some kinds of work, the filing of such written objections by the owners of a majority of the frontage operates as a bar to further proceedings for six months. In other classes of work, e. g., sewers, man-holes, etc., the council, after the filing of such written objections, and notices to the objectors, may determine to go on with the work notwithstanding the objections. Nor will a protest against the proposed work by the owners of a majority of the frontage bar further proceedings when the proposed work is to be done in a block lying between blocks which have already been graded or otherwise improved. And in such case the work shall not be stayed, unless the council deem proper. Accordingly, when. such objections have been filed, and the judgment of the trial court is nevertheless in favor of the assessment for work done upon a block, it will be presumed on appeal, unless the contrary appear in the record, that the block in question was between graded blocks. [McDonald v. Dodge, 97 Cal. 112.]

At the expiration of twenty days after the expiration of the time of the publication of the notices of the passage of the resolution, and at the expiration of twenty-five days after the advertising and posting of the resolution of intention, if further proceedings have not been barred or ceased by reason of the filing of written objections, the council has "jurisdic-· tion to order any of the work to be done or improvement to be made."

The council, when it has thus acquired jurisdiction to order the proposed work to be done, should then make and pass such an order.

The order that the proposed work be done is not an "ordinance," and need not follow the for mof ordinances. [City of Napa v. Easterby, 76 Cal. 222.] An order for street work, made after the council has acquired jurisdiction, is in the nature of a judgment. The subsequent proceedings are ministerial in their character, and are taken for the purpose of carrying the order into execution, and for this reason, if the contractor fails to enter upon the performance of his work within the time fixed in his contract the council may re-advertise for bids and relet the contract without taking steps to acquire jurisdiction as in the first instance. [Dougherty v: Foley, 32 Cal. 402.]

In Burnett v. Sacramento, 12 Cal. 76, it was held that an ordinance for the improvement of streets, passed by the

Mar. 31, 1891.

council before the expiration of the time for the presentation of the protest, was not thereby, under the then charter of Sacramento, invalid. It is doubtful if an order for work passed before the time for protest had expired, would be valid under the present general law-the act of March 18, 1885. This act says This act says that "at the expiration of twenty days after the expiration of expiration of the time of said publication by said street superintendent," etc., the city council shall be deemed to have acquired jurisdiction to order the work to be done. And upon the principle of expressio unius etc., it would seem that the council. has no jurisdiction to make such an order until after the expiration of the time for the presentation of the protest.

Parties who do not remonstrate against a proposed street improvement, can not claim the benefit of a remonstrance filed by others. [Handy v. Heller, 47 Cal. 15.]

* * *

5. Publication of Order to do Work. Section 3 of the act provides that the order to do the work when made or passed by the council "shall be published for two days, the same as provided for the publication of the resolution of intention." The same section provides that the resolution. shall be published as follows: It shall be "published by two insertions in one or more daily, semi-weekly or weekly newspapers published and circulated in said city, and designated by said council for that purpose." By sub-division 4 of section 34 of the act, it is provided that "the notices, resolutions, orders, or other matter required to be published by the provisions of this act, shall be published in a daily newspaper, in cities where such there is, and where there is no daily newspaper, in a semi-weekly or weekly newspaper, to be designated by the council of such city, as often as the same is issued." From which it follows (1) that, if there be a daily newspaper, the order should be published in a daily newspaper, and in a semiweekly or weekly newspaper only when there is no daily newspaper published and circulated in the city; (2) that the council should either in the order for work itself, or in a separate order or resolution, designate the paper in which it is to be published, and (3) that it should be published as often as the paper is issued, i. e. if published in a daily newspaper, for example, it should be published two days in immediate succession, without any intervening day of non-publication, provided the paper is issued on such intervening day.

The order may perhaps refer to certain maps on file in the street superintendent's office, and while by a fiction of law, such maps by such reference, become constructively

and for certain purposes, a part of the order, still it seems they need not be published as a part of the order. [City of Napa . Easterby, 76 Cal. 222.]

III. "Petition of Remonstrance" and "Written Objections.". The first five steps to be taken in the proceedings to acquire jurisdiction to enter into and execute a valid contract, viz: (1) Passage of resolution of intention; (2) posting and publishing the resolution; (3) posting and publishing notices of the passage of the resolution; (4) passage of order for the work to be done, and (5) publication of the order to do the work, have been described above in the notes to this section. The remaining five steps necessary to the execution of a valid contract are described in the notes to section five, infra. There are certain other requirements of this section, (section 3), which must be complied with if occasion gives rise to them, e. g., if written objections to sewer work be filed notices must be mailed to each objector by the clerk, etc. These other requirements will be considered under the heading "Written Objections," and "Petition of Remonstrance."

1. Petition of Remonstrance. The "Written Objections" must not be confounded with the "Petition of Remonstrance." The object of the former is to enable a certain proportion of the property owners, by filing written objections, to bar all further proceedings for six months-as respects some classes of work-or, as respects other classes of work, to call forth the decision of the council as to whether or not the proceedings shall be continued. The object of the "Petition of Remonstrance" is to enable any property owner, who may feel aggrieved because the proceedings have not been regularly conducted, or because of some inequity, to appeal to the council, and there have his grievance passed upon. The written objections must be filed with the clerk within a certain time after notice to the property owners of the council's intention to do the work, viz., within ten days after the expiration of the time of the publication and posting of the notices of the passage of the resolution, if the front foot-plan of assessment is adopted, and must, in that case, in order to effect a six months' bar of the proceedings, be signed by the owners of a majority of the frontage. The delivery of such written objections to the clerk within said time operates ipso facto to bar any further proceedings for six months, except in certain specially excepted cases, such as sewers, man-holes, etc. The provision for the filing of "written objections," signed by the owners of a majority of the frontage, is intended to enable the owners of a majority of the frontage to determine for themselves, in