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§ 205.

Firemen.

L. 1923, ch. 122. pany incorporated under the provisions of the membership corporations law, dies from injuries incurred while in the performance of his duties as such fireman within one year thereafter, the city, village, or town shall pay as follows:

a.

If such volunteer fireman is a member of a volunteer fire company located in any city in which a pension fund is maintained, the relatives of such volunteer fireman shall be entitled to a pension in the same manner 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 three thousand 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.

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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 apparatus or working at the fire or returning from the fire on the apparatus or while officially engaged in testing or inspecting 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 pre vented from following his vocation on account of such injuries, not exceed ing, however, three hundred and fifty dollars. No such claim shall, how. ever, 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

L. 1922, ch. 639.

Firemen,

$ 205.

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 member of a fire company in a fire district outside of a city or an incorporated village, such sum shall be a town charge, audited and paid in the same manner as town charges, and shall be assessed upon the property and persons in such fire districts 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. If such fireman was a member of a fire company or fire department operating in, or maintained jointly by two or more villages, or two or more towns, or two or more fire districts, such sum shall be a charge against the village, town or fire district in which the fire occurred. If such injury occur while a fire company is assisting a neighboring city, town, village or fire district, or territory outside any such district, in the subjugation of fire, or while going thereto or returning therefrom, upon the call of such city, town, village or fire district, or territory outside any such district, or death shall result from any such injury, such sum shall be a charge against such neighboring city, town, village or fire district, or territory outside any such district, so issuing the call for assistance and in which the fire occurred.

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. (Subd. Fourth amended by L. 1922, ch. 639 and L. 1923, ch. 122, in effect March 30, 1923.)

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, L. 1920, ch. 617, L. 1921, ch. 190, and L. 1922, ch. 639.)

§§ 240-242.

Play-grounds and recreation centers.

L. 1922, ch. 391.

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§ 240. Application of article.-This article shall apply to cities of the second and third class, to any county except Erie outside of the city of New York, and to towns and villages. The term "municipality, as used in this chapter, includes only a city of the second and third class, any county except Erie outside the city of New York, a town and a village. (Added by L. 1917, ch. 215, and amended by L. 1922, ch. 391, in effect March 31, 1922.)

§ 241. Dedication or acquisition of land or buildings for play-grounds or neighborhood recreation centers. The board of estimate and apportionment of a city, or if there be no such board, the common council, board of aldermen or corresponding legislative body, or the governing board of any county outside of the city of New York, or of a town or village, may designate and set apart for use as play-grounds or neighborhood recreation centers any land or building owned by such municipality and not dedicated or devoted to another inconsistent public use; or such municipality may, with the approval of such local authorities and in such manner as may be authorized or provided by law for the acquisition of land for public purposes in such municipality, acquire lands in such municipality for playgrounds or neighborhood recreation centers, or if there be no law authorizing such acquisition, the board of estimate and apportionment of such city, or if there be no such board, the common council, board of aldermen or corresponding legislative body, or the governing board of any such county, town or village, may acquire land for such purpose by gift, private purchase or by condemnation, or may lease lands or buildings in such municipality for temporary use for such purpose. (Added by L. 1917, ch. 215, and amended by L. 1922, ch. 391, in effect March 31, 1922.)

Action for death of child caused by injuries received owing to defective condition of "chute" or "slide" on playground maintained voluntarily by city under statute; error to dismiss complaint upon theory that city was acting in governmental capacity. In an action against the city of Utica to recover damages for the death of a child resulting from injuries received owing to the defective condition of a "chute" or "slide" on a playground maintained by the city by virtue of article 13 of the General Municipal Law, a permissive legislative act, it was error to dismiss the complaint upon the theory that the city in maintaining the playground was acting in a governmental capacity, since the city, having voluntarily undertaken the enterprise of furnishing playgrounds, it is the duty to protect the children using them, at least from its own negligence. Van Dyke v. City of Utica (1922), 203 App. Div. 26, 196 N. Y. Supp. 277.

§ 242. Administration, equipment and operation. The authority to establish and maintain playgrounds and neighborhood recreation centers may be vested in the school board, park board, or other existing body or in a recreation commission as the board of estimate and apportionment, common council, board of aldermen or corresponding legislative body, or the governing board of any such county, town or village, shall determine. The local authorities of any such municipality designated to equip, operate

L. 1922, ch. 391.

Play-grounds and recreation centers.

§§ 243, 244-a.

and maintain playgrounds and neighborhood recreation centers as authorized by this article, may equip such playgrounds and recreation centers, and the buildings thereon, and may construct, maintain and operate in connection therewith public baths and swimming pools. Such local authorities may, for the purposes of carrying out the object of such playgrounds or recreation centers, employ play leaders, playground directors, supervisors, recreation secretary, superintendent or such other officers or employees as they deem proper. (Added by L. 1917, ch. 215, and amended by L. 1922, ch. 391, in effect March 31, 1922.)

§ 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 governing board of any such county, town or 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 municipality 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 municipality, to be appointed by the mayor of such city or the governing board of such county, town or 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 except that in a city of the second class, located in a county having a population of not less than two hundred thousand nor more than two hundred and fifty thousand, the mayor may appoint any two residents of the city members of such recreation commission in lieu of the above mentioned ex-officio members. 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, L. 1921, ch. 186 and L. 1922, ch. 391, in effect March 31, 1922.)

§ 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

§§ 244-b-246.

Play-grounds and recreation centers.

L. 1922, ch. 391.

or income for either temporary or permanent use for playground or recreation purposes, but if the use thereof for such purpose will subject the municipality 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 commision 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 municipality 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, and amended by L. 1922, ch. 391, in effect March 31, 1922.)

§ 244-b. Joint playgrounds or neighborhood recreation centers. Any two or more such municipalities may jointly acquire property for and operate and maintain playgrounds or neighborhood recreation centers. Any school board or district shall have power to join with any such municipality in equipping, operating and maintaining playgrounds and neighborhood recreation centers and may appropriate money therefor. (Added by L. 1922, ch. 391, in effect March 31, 1922.)

§ 245. Expenses incurred under article.-All expenses incurred under this article within the annual appropriation therefor (as provided in section two hundred and forty-six of this article) shall be a charge against the municipality incurring the same, payable from the current funds of such municipality; but the local authorities may provide that the bonds of such municipality may be issued in the manner provided by law for the acquisition of lands or buildings for playgrounds or neighborhood recreation centers, subject, however, to the adoption of a proposition therefor at a municipal election, if the adoption of such a proposition is a prerequisite to the issuance of bonds of such municipality for public purposes generally. (Added by L. 1917, ch. 215, and amended by L. 1922, ch. 391, in effect March 31, 1922.)

§ 246. Annual appropriation.-The local authorities of a municipality having power to appropriate money therein may annually appropriate and cause to be raised by taxation in such municipality a sum sufficient to carry out the provisions of this article. (Added by L. 1917, ch. 215, and amended by L. 1922, ch. 391, in effect March 31, 1922.)

GEOGRAPHIC NAMES.

State board abolished, powers transferred; Education L., § 80; Executive L., § 110.

GERMS.
See Laboratories.

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