shall have served twenty years in the police force, shall be entitled to receive during the remainder of his life a pension of an amount equal to one-half of the salary received by him at the time of retirement. Every member of the police force so retired, who shall have served less than twenty years in the police force, shall be entitled to receive during the remainder of his life a pension of an amount equal to two and one-half per cent of the salary received by him at the time of retirement for each full year that he shall so have served.

§ 176. Pensions to widows and children. The widows and children of members of the police force, other than special policemen, shall be entitled to pensions from the police pension fund of the following amounts and in the following cases and the commissioners of police shall grant such pension in a proper case:

a. The widow of any member of the police force who shall be killed while in the actual performance of police duty, or who shall die from the effects of any injury received while in the actual discharge of such duty, shall be entitled to receive, as long as she shall remain unmarried, a pension of an amount equal to thirty per cent of the salary received by such member of the police force at the time of his death or injury causing death. In addition thereto each child of such member of the police force, who is under the age of sixteen years, shall be entitled to receive, until he shall attain that age, a pension of an amount equal to ten per cent of the salary received by such member of the police force at the time of his death or injury causing death.

b. If, at any time, a member of the police force shall die from any other cause, leaving a widow or children, after having served at least twenty years in the police force, his widow shall be entitled to receive a pension of one hundred and fifty dollars per year, as long as she shall remain unmarried. In addition thereto each child of such member of the police force, who is under the age of sixteen years, shall be entitled to receive a pension of fifty dollars per year until he shall attain that age.

c. In case that a member of the police force shall have served therein for at least twenty years, shall have been retired by the commissioners of police and be a pensioner under the provisions of this title, and shall die leaving a widow or children, his widow shall be entitled to receive a pension of one hundred and fifty dollars per year, as long as she shall remain unmarried. In addition thereto each child of such retired member of the police force, who is under the age of sixteen years, shall be entitled to receive a pension of fifty dollars per year until he shall attain that age. No pension shall be granted under the provisions of this subdivision to any widow or child of a marriage contracted subsequently to the retirement of such officer from the police force.

§ 177. Police surgeon. It shall be the duty of the commissioners of police to designate, by a certificate in writing filed in the office of the city clerk, a competent physician and surgeon to act as police surgeon and to serve at the pleasure of the commissioners of police. The police surgeon shall be entitled to a fee of

five dollars for each examination made by him under the provisions of this title and such fee shall be paid by the city.

§ 178. Physical examination. Whenever the commissioners of police shall consider that any member of the police force should be retired under the provisions of subdivisions b or c of section one hundred and seventy-five of this title, they shall order a physical examination of such person to be made by the police. surgeon. After making such examination the police surgeon shall file with the commissioners of police a report, verified by his oath, as to whether any injury, disease or disability rendering the person examined unfit for police duty exists and whether or not the same is permanent. If the person with reference to whom the report is made is dissatisfied with the conclusions therein set forth, either as to the existence or nonexistence of the injury, disease or disability or the character of the same, he may file a statement to that effect with the commissioners of police within thirty days after the filing of the report of the police surgeon and thereupon the commissioners of police shall select two other competent physicians and surgeons to make a physical examination of such person and their report of the same facts, verified by their oaths, shall be final and conclusive and shall be accepted in place of the report of the police surgeon. Each of such physicians and surgeons shall be entitled to a fee of five dollars, to be paid by the person to be examined before the examination is had.

§ 179. Record of proceedings; pensions to be certified to finance commission. The commissioners of police shall keep and preserve a record of all their proceedings under this title and, on the granting of any pension under the provisions of this title, they shall certify the same to the finance commission by a certificate in writing in which shall be stated the name of the person to whom such pension is granted, the facts entitling the pensioner to receive the same and the amount thereof.

§ 180. Payment of pensions. All pensions granted under the provisions of this title shall be paid monthly. From time to time, as such pensions may accrue, the finance commission shall issue warrants against the police pension fund for the amounts of the same. Any pension payable to a minor shall be paid to his surviving parent or guardian, if any. If such minor shall have no surviving parent or guardian, such pension may be paid to his nearest relative, or the person with whom he resides, in the discretion of the finance commission.

§ 181. Application of income. Both the interest on the capital of the police pension fund and the income from the sources enumerated in section one hundred and seventy-four of this title shall be applicable to the payment of pensions accruing during the year in which such income is received. If there shall be a surplus of income in any year, such surplus shall be added to the capital of the fund. If there shall be a deficiency of income in any year, the common council shall appropriate a sufficient sum to make up the deficiency and the amount so appropriated, or so

much thereof as may be necessary, shall be paid by the city treasurer from the general fund into the police pension fund.

§ 182. Assignment to temporary duty. Any member of the police force, who has been retired under the provisions of this title, may be assigned by the commissioners of police to perform temporary police duty in the daytime, when the commissioners are satisfied that such member is able to render temporary service, and, while so serving, such member shall be entitled to compensation in an amount equal to the difference between the pay of a regular patrolman and the amount of the pension that he is receiving, for the time that he shall actually serve. Such compensation shall be in addition to his pension and his pension shall not be affected by such temporary service.

§ 2. Chapter three hundred and ninety-one of the laws of nineteen hundred and eleven, entitled "An act to amend chapter three hundred and sixty of the laws of eighteen hundred and ninety-seven, entitled 'An act to incorporate the city of Geneva,' in relation to the police pension fund," and chapter two hundred and eighty-eight of the laws of nineteen hundred and sixteen, entitled "An act to amend chapter three hundred and sixty of the laws of eighteen hundred and ninety-seven, entitled 'An act to incorporate the city of Geneva,' in relation to the police pension fund," are hereby superseded.

§ 3. This local law shall take effect sixty days after its adoption, subject to the provisions of section sixteen of the city home rule law.

LOCAL LAW No. 5

A local law in relation to real property sold for unpaid taxes. Became a law December 12, 1927, with the approval of the Mayor. Passed by the local legislative body of the city of Geneva.

Be it enacted by the common council of the city of Geneva as follows:

Section 1. A local law, to constitute sections one hundred and thirty, one hundred and thirty-one, one hundred and thirty-two and one hundred and thirty-three of the charter of the city of Geneva, is hereby enacted to read as follows:

§ 130. Redemption. The owner of, or any person interested in or having a lien upon, any parcel of real property sold for taxes may redeem the same from the tax sale at any time within two years from the day of sale, and until and during the last day for redemption fixed by the notice published as hereinafter provided, by paying to the treasurer, for the use of the purchaser or his assigns, the sum mentioned in the certificate of tax sale with interest thercon at the rate of ten per centum per annum from the day of sale, together with any tax, assessment or water rate upon such parcel that the purchaser or his assigns may have paid between the day of sale and the day of redemption, with interest at the rate of ten per centum per annum upon such

tax, assessment or water rate from the time of payment, and the further sum of eight dollars for the expense of publishing the notice to redeem, if such notice shall have been published.

§ 131. Publication of notice. After the expiration of one year and nine months from the sale of real property for unpaid taxes the treasurer shall cause to be published once in each of six successive weeks, in a newspaper published in the city, a notice containing a list of the parcels of real property sold for taxes more than one year and nine months previously and not redeemed or conveyed to the purchasers. Such notice shall contain a brief description of each such parcel of real property, the name of the reputed owner thereof at the time of the tax sale as it appears in the certificate of such sale, the date of the tax sale and the amount necessary to redeem the same calculated to the last day on which redemption can be made. Such notice shall further state that, unless the parcels of real property described are redeemed on or before a certain day therein named, which day shall be at least two years subsequent to the day of the tax sale and at least six weeks subsequent to the first publication of such notice, they will be conveyed to the respective purchasers at the tax sale. The publication of such notice shall bar and preclude any and all persons except the purchaser on such sale, or his heirs or assigns, from claiming any interest in or lien upon any parcel of real property described in such notice, or any part thereof, in case the same shall not be redeemed as herein provided on or before the last day for redemption stated in such notice.

§ 132. Conveyance to purchaser. If any parcel of real property sold at tax sale shall not be redeemed as herein provided, the treasurer, immediately after the expiration of the last day for redemption, shall execute and deliver to the purchaser, his heirs and assigns, or to the city and its assigns, if the city is the purchaser, a deed of conveyance of the real property so sold, which deed shall contain a description of such parcel of real property and shall state the name of the reputed owner thereof at the time of the tax sale as it appears in the certificate of such sale. Such deed shall vest in the grantee an estate in fee, subject only to the lien, if any, of unpaid taxes, assessments or water rates thereon. The treasurer shall, at the time of the delivery of the deed, demand and receive from the purchaser of each parcel of real property so conveyed, except the city, the sum of eight dollars for publishing the notice to redeem herein provided for, which moneys shall belong to the city and shall be applied to the expense of publishing such notice.

§ 133. Execution and record of deed; presumption of regularity. Every such deed of conveyance shall be executed by the treasurer under his hand and seal and the execution thereof shall be acknowledged by him before an officer authorized by the laws of this state to take and certify the acknowledgment and proof of deeds to be recorded therein. Every such deed may be recorded in the same manner and with the same effect as other conveyances of real property duly acknowledged or proved. Every such deed

shall be presumptive evidence that the sale and all proceedings prior thereto, from and including the assessment of the real property sold, were regular and in accordance with the provisions of law relating thereto and that all notices required by law to be given previously to the time allowed for redemption were duly given according to law. After two years from the date of such deed such presumption shall be conclusive.

§ 2. Sections one hundred and thirty, one hundred and thirtyone, one hundred and thirty-two and one hundred and thirtythree of chapter three hundred and sixty of the laws of eighteen hundred and ninety-seven, entitled "An act to incorporate the city of Geneva," are hereby superseded.

§ 3. Local law number four of nineteen hundred and twentyfive of the city of Geneva, entitled "A local law in relation to publication of notice of the redemption from tax sales," is hereby repealed.

4. This local law shall take effect immediately.