POWER OF COMMISSIONERS OF SINKING FUND TO LEASE, OR SELL § 205-b. Notwithstanding any provision of the Greater New York charter or of any other act, the commissioners of the sinking fund are hereby authorized in their discretion to lease or to sell and convey to the upland owner any of the land under water along the westerly shore of the East River inside the bulkhead line between the northerly and southerly limits prescribed by chapter two hundred and eighty-six of the laws of eighteen hundred and eighty-nine. § 2. This act shall take effect immediately. L. 1897, ch. 378, § 689, as re-enacted Chap. 401. AN ACT to amend the Greater New York charter, in relation to appeals and costs in abandonment proceedings. Became a law April 16, 1912, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section six hundred and eighty-nine of the Greater New York charter, as re-enacted by chapter four hundred and by L. 1901, sixty-six of the laws of nineteen hundred and one, is hereby amended so as to read as follows:1 ch. 466, amended. APPEALS IN ABANDONMENT PROCEEDINGS; COSTS. § 689. An appeal to the court of general sessions may be taken from a conviction before a city magistrate under this chapter within the county of New York, or to the county court in any other county within the city of New York, which said appeal shall be conducted in accordance with the provisions of the code of criminal procedure of the state of New York, except that the judge allowing the appeal must take from the defendant a written undertaking in such sum and with such sureties as he may 1 Section materially amended. approve, that defendant will abide the judgment of the appellate court upon the appeal, and will pay all costs which may be awarded against him, and except that all notices required by said code of criminal procedure to be served upon the district attorney upon such appeal shall be served upon the commissioner of public charities, and the commissioner may appear by counsel upon the hearing of such appeal. The court, in its discretion, may award costs to the party in whose favor the appeal is determined, as follows: To the appellant upon reversal, thirty dollars; to the respondent upon affirmance, twenty-five dollars. When awarded to the appellant they must be paid by the controller of The City of New York, upon the delivery to him of a certified copy of the order of reversal, and must be charged to the contingent account fund of the commissioner of public charities. When awarded to the respondent the payment may be enforced as in a civil action, and in an action brought therefor against the sureties upon the undertaking given on the allowance of the appeal, the production of a certified copy of the order of affirmance shall be conclusive evidence. If a new trial be ordered it must be had in the court from which the appeal was taken. An appeal to the court of general sessions may be taken in an abandonment proceeding on behalf of the complainant by the commissioner of public charities in his own name, from a decision or judgment of a city magistrate under this chapter, within the county of New York; or to the county court in any other county which is wholly or partly within The City of New York, as constituted by this act. For the purpose of appealing the commissioner must within sixty days after such decision or judgment make an affidavit reciting the alleged errors in the proceeding in which the decision or judgment was rendered, and must within that time present to the county judge of the county where the proceeding was brought or to a justice of the supreme court in that department, and apply thereon for an allowance of the appeal. If, in the opinion of the judge or justice to whom the affidavit is submitted, it is proper that the questions set forth in the affidavit should be decided by the appellate court, the judge or justice must endorse upon the affidavit an allowance of an appeal to the court to which the appeal may be taken as aforesaid and the commissioner must within five days thereafter serve a copy of such affidavit upon which the appeal was granted, together with a notice that the same has been allowed, upon the defendant in the abandonment proceeding or upon the attorney or counsel who last appeared for the defendant therein. Sections seven hundred and fifty-five, seven hundred and fiftysix, seven hundred and fifty-seven and seven hundred and fiftyeight of the code of criminal procedure shall apply to the appeal herein provided. The appeal may be brought to argument by the commissioner or the defendant upon ten days' notice to the opposite party, to be served personally on the commissioner, or, either personally upon the defendant or personally upon the attorney who last appeared for the defendant, The appeal shall be heard and disposed of in the manner provided by sections seven hundred and sixty-three, seven hundred and sixty-four, seven hundred and sixty-five, seven hundred and sixty-six and seven hundred and sixty-nine of the code of criminal procedure, except that if a new trial be ordered, it shall be had in the court from which the appeal was taken, and, pending such new trial, the judge shall issue a warrant for the arrest of the defendant, and may hold him to bail as upon an indictment. If the judgment on the appeal be against the complainant, the commissioner may appeal therefrom to the appellate division of the supreme court in the same manner as the defendant. Upon an appeal taken by the commissioner of public charities no costs shall be awarded to either party. § 2. This act shall take effect immediately. Chap. 402. AN ACT to amend section two hundred and four of chapter seven hundred and fifty-one of the laws of nineteen hundred and seven, entitled "An act to revise the charter of the city of Binghamton," relative to the amount and issuance of sewer bonds. Became a law April 16, 1912, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 751, Section 1. Section two hundred and four of chapter seven hun-L. 1907, dred and fifty-one of the laws of nineteen hundred and seven, en- § 204 titled "An act to revise the charter of the city of Binghamton,' is hereby amended to read as follows: § 204. May issue bonds; when; limitation of amount. Whenever in the opinion of the common council, the public interests require, or will be promoted by the expenditure of a greater amount of money in any one year for the construction of sewers, than it is authorized to raise, by direct taxation, in said year, it may, with the approval of the board of estimate and apportionment, submit the question of raising said amount by the issuance of bonds to a special election of the taxpayers of said city, under the provisions of title seventeen of this act, as amended by chapter three hundred and thirty-seven of the laws of nineteen hundred and eleven,1 and if by such election authorized, such bonds may be issued in the manner and form prescribed by section eightytwo of this act; but no more than one hundred and thirty thousand dollars of sewer bonds shall be outstanding at any one time, and not more than thirty-five thousand dollars 3 of such bonds shall be issued in any one year. 2 § 2. This act shall take effect immediately. 1 Words " as amended by chapter three hundred and thirty-seven of the laws of nineteen hundred and eleven," new. amended. Chap. 403. AN ACT to create and establish a firemen's relief and pension fund for the fire department of the city of Binghamton and authorizing the granting and payment of pensions and relief therefrom. Became a law April 16, 1912, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Definitions, et cetera. Unless otherwise specified in this act, the words and terms in this section mentioned shall be defined and construed as follows: 1. The term fire commissioner shall include the fire commissioner of the city of Binghamton, his successors in office, and the person, persons or officers hereafter designated by any statute to have charge and control of the fire department of said city. 2. The term excise moneys shall include any and all fees or moneys paid by any person or public officer to the treasurer of said city or to any other officer of said city for the granting of licenses or permission to sell strong and spirituous liquors, ale, wine or beer in said city and any moneys paid for taxes upon the business of trafficking in or selling or dealing in strong or spirituous liquors, ale, wine or beer in said city under the provisions of any law of this state authorizing the granting of any such license or permission. 3. The term fund shall include the firemen's relief and pension. fund hereby established. 4. The term board of trustees shall include the board of trustees of the firemen's relief and pension fund hereby created. 5. The term length of service shall mean only continuous and consecutive service, which shall be computed from the time when the officer or member began to receive pay for such service direct from the city of Binghamton; provided, however, that call men shall be credited thereon with the same proportion of time upon the salary received by each while such call man as would be cred ited to a regular man of the same rank. 6. The term fire department shall mean and include |