§ 205.

Volunteer firemen.

L. 1920, ch. 617. and at the same rates as if he were a member of the paid fire department of such city.

b. If in a city not maintaining a pension fund for the benefit of the members of the paid fire department therein, such city shall pay to the executor or administrator of such deceased volunteer fireman the sum of twenty-five hundred dollars.

C. If in any other place the sum of fifteen hundred dollars shall be paid to the executor or administrator of such deceased volunteer fireman.

Second. Any such volunteer fireman who shall become permanently incapacitated for performing the full duties of a volunteer fireman by reason of disease or disability caused or induced by actual performance of the duties of his position, without fault or misconduct on his part, shall

a. If a member of a volunteer fire company located in any city in which a pension fund is maintained, be paid a pension in the same manner and at the same rate as if he were a member of the paid fire department of such city.

b. If a member of a volunteer fire company in any other place, be paid one-half the amount which would have been payable in case of death to his executor or administrator under the provisions of subdivision first of this

section.

Third. Any such volunteer fireman who shall receive injuries while performing his duties as such, while in the fire house, going to a fire on the apparatus or working at the fire or returning from the fire on the apparatus so as to necessitate medical treatment or loss of earnings in his vocation on account thereof, shall be reimbursed for such sums as are actually and necessarily paid for medical treatment, not exceeding one hundred dollars. He shall also be reimbursed for such sums as are actually and necessarily lost in earnings for the time during which he was actually and necessarily prevented from following his vocation on account of such injuries, not exceeding, however, three hundred and fifty dollars. No such claim shall, however, be allowed unless, within thirty days after receiving such injuries, written notice thereof be served by mail or otherwise on the comptroller or chief financial officer of the city, the town clerk of the town or the village clerk of the village in which is maintained the fire department of which the claimant is a member.

Fourth. In cities such sum shall be a city charge and shall be audited and paid in the same manner as other city charges, except that no part of the moneys payable under this section shall be paid from the pension funds of the said departments therein. In villages such sum shall be a village charge and shall be audited and paid in the same manner as village charges, and shall be assessed upon the property and persons liable to taxation in said village, and levied and collected in the same manner as village taxes. If such fireman was a membor of a fire company in a fire district outside of a city or an incorporated village, such sum shall be a town charge, audited

L. 1920, ch. 377.

Planning commissions.

§ 234.

and paid in the same manner as town charges, and shall be assessed upon the property and persons in such fire district liable to taxation, and levied and collected in the same manner as town charges. If such fireman was a member of a fire company incorporated under the membership corporations law, located outside of a city, village or fire district, such sum shall be a town charge audited and paid as town charges and shall be assessed upon the property and persons liable to taxation in the territory protected by such fire company and levied and collected in the same manner as town charges therein.

Provided, however, that any money paid to an executor or administrator under any of the provisions of this section shall be distributed in the manner provided by law for the distribution of personal property, and all money paid under this section shall be exempt from any process for the collection of debts either against the volunteer firemen or any beneficiary to whom the same is paid under the provisions of this section.

Fifth. Any controversy arising at any time under the provisions of this section shall be determined by the county judge of the county in which the volunteer fire company is located and of which such volunteer fireman is a member. For that purpose, any party may present a petition to such county judge, setting forth the facts and rights which are claimed. A copy of such petition and notice of the time and place when the same will be presented shall be served on all persons interested therein, at least eight days prior to such presentation. (Amended by L. 1914, ch. 400 and L. 1920, ch. 617, in effect May 10, 1920.)

Section cited.-Cole v. Fleischmann Mfg. Co. (1919), 189 App. Div. 306, 178 N. Y.. Supp. 451.

§ 234. Creation, appointment and qualifications.-Each city and incorporated village is hereby authorized and empowered to create a commission to be known as the city or village planning commission. Such commission shall be so created in incorporated villages by resolution of the trustees, in cities by ordinance of the common council, except that in cities of the first class, having more than a million inhabitants, it shall be by resolution of the board of estimate and apportionment or other similar local authority. In cities of the first class such commission shall consist of rot more than eleven, in cities of the second class of not more than nine, in cities of the third class and incorporated villages of not more than seven members. Such ordinance or resolution shall specify the public officer or body of said municipality that shall appoint such commissioners, and shall provide that the appointment of as nearly as possible one-third of them shall be for a term of one year; one-third for a term of two years, and one-third for a term of three years; and that at the expiration of such terms, the terms of office of their successors shall be three years; so that the term of office of one-third of such commissioners, as nearly as possible, shall ex

VOL. XI-51

§§ 243, 244-a.

Playgrounds and recreation centers.

L. 1920, ch. 615.

pire each year. All appointments to fill vacancies shall be for the unexpired term. Not more than one-third of the members of said commission shall hold any other public office in said city or village. In a county containing a population of over three hundred thousand and adjoining a city of the first class one of the members of such commission may reside outside of such village. (Added by L. 1913, ch. 699, and amended by L. 1920, ch. 377, in effect Apr. 28, 1920.)

§ 243. Recreation commission.-If the board of estimate and apportionment, or if there be no such board, the common council, board of aldermen, or corresponding legislative body, or the board of trustees of a village, shall determine that the power to equip, operate and maintain playgrounds and recreation centers shall be exercised by a recreation commission, they may, by resolution, establish in such city or village a recreation commission, which shall possess all the powers and be subject to all the responsibilities of local authorities under this article. Such a commission, if established, shall consist of five persons who are residents of such city or village, to be appointed by the mayor of such city or the trustees of such village to serve for terms of five years or until their successors are appointed, except that the members of such commission first appointed shall be appointed for such terms that the term of one commissioner shall expire annually thereafter. If pursuant to this section a recreation commission be established in a city, the board or body establishing such commission may, by resolution, provide that the president of the board of education and the president of the park board of such city, or officers having corresponding functions, shall be ex-officio members of the commission. Members of such commission shall serve without pay. Vacancies in such commission occurring otherwise than by expiration of term shall be for the unexpired term and shall be filled in the same manner as original appointments. (Added by L. 1917, ch. 215, and amended by L. 1920, ch. 615, in effect May 10, 1920.)

§ 244-a. Acceptance of donations. A recreation commission or other authority in which is vested the power to equip, operate and maintain playgrounds and neighborhood recreation centers pursuant to this article may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to be applied principal or income for either temporary or permanent use for playground or recreation purposes, but if the use thereof for such purpose will subject the city or village to expense for improvement, maintenance or renewal, the use of any grant or devise of real estate shall be approved by the board or body establishing such recreation commission or other authority. Money received for such purpose, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the treasurer of the city or village

Cross-references.

to the account of the recreation commission or other such authority, and the same may be withdrawn and paid out in the same manner as money appropriated for recreation purposes. (Added by L. 1920, ch. 615, in effect

May 10, 1920.)

GENESEE COUNTY.

Salary of county judge and surrogate; County L., § 232, sub. 18.

GENEVA EXPERIMENT STATION.

Authorized to print "The Pears of New York," L. 1919, ch. 636.

GERMAN ALLIANCE.

Charter vacated; See Corporations L. 1918, ch. 406.

GREENE COUNTY.

Establishing Ulster County boundary, L. 1918, ch. 562.

HERKIMER HOME.

Management and maintenance; Public Buildings L., §§ 80-85.

Bridge having span of over five feet.-Subdivision 5 of this section excludes from the definition of a "highway" all bridges having a greater span than five feet. The construction of a concrete bridge having a span of fifty-six feet is beyond the power and authority of the state highway commission to order or to obligate the state therefor. Paddleford v. State (1918), 103 Misc. 398, 175 N. Y. Supp. 583.

§ 15. General powers and duties of the commissioner of highways. The State Commissioner of Highways in building public roads is an independent public officer, and particularly so when he constructs no roads but merely engages his subordinates in drafting, surveying and mapping, that roads may be built by others. Babcock v. State (1919), 190 App. Div. 147, 180 N. Y. Supp. 3.

Preparation of new plans and specifications for completion of war contract terminated under L. 1919, ch. 459, § 2.-Where the commissioner of highways ascertains that the original plans and specifications of any war contract terminated under section 2 of chapter 459 of the Laws of 1919 are inadequate, and that it would be a waste of the highway funds to complete such construction thereunder, he may change the type of construction and for that purpose prepare new plans and specifications therefor. Opinion of Attorney General (1919), 20 State Dep. Rep.

233.

§ 16. Division engineers.-The commissioner of highways shall appoint a division engineer for each of the divisions of the state. Each person so appointed as division engineer shall be a practical civil engineer having had actual experience in the construction and maintenance of highways and bridges. The salary of such engineers shall be five thousand dollars per annum. An office may be maintained by such division engineers at a convenient place within each division as authorized by the commissioner of highways. The salary and expenses of such engineers shall be paid out of moneys appropriated therefor upon the requisition of the commissioner of highways. Each division engineer shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office and execute an official undertaking in the sum of ten thousand dollars to be approved by and filed with the comptroller and renewed as often as the commissioner of highways may require. The commissioner of highways, subject to the provisions of the civil service law, may remove such division engineers. (Amended by L. 1911, ch. 646, L. 1913, ch. 80 and L. 1919, ch. 467.) L. 1919, ch. 467, § 2 appropriates $9,000.

An assistant engineer in the Department of the Commission of Highways working under the direction of the State Commissioner of Highways, is not, while so engaged,