indebted ness, how made Payment refused; recovery. Applica Payment of funds or profits are due and owing. It shall be the duty of any person or corporation, municipal or otherwise, to whom said execution shall be presented, and who shall at such time be indebted to the judgment debtor named in such execution, or who shall become indebted to such judgment debtor in the future, and while said execution shall remain a lien upon said indebtedness to pay over to the officer presenting the same, such amount of such indebtedness as such execution shall prescribe until said execution shall be wholly satisfied and such payment shall be a bar to any action therefor by any such judgment debtor. If action for such person or corporation, municipal or otherwise, to whom said execution shall be presented shall fail, or refuse to pay over to said officer presenting said execution, the percentage of said indebtedness, he shall be liable to an action therefor by the judg ment creditor named in such execution, and the amount so recovered by such judgment creditor shall be applied towards the payment of said execution. Either party may apply at any time to the court from which such execution shall issue, or to any judge or justice issuing the same, or to the county judge of the county, and in any county where there is no county judge, to any justice of the city court upon such notice to the other party as such court, judge, or justice shall direct for a modification of said execution, and upon such hearing the said court, judge or justice may make such modification of said execution as shall be deemed just, and such execution as so modified shall continue in full force and effect until fully paid and satisfied, or until Judgments further modified as herein provided. This section, so far as it more than relates to wages and salary, due and owing or to become due and owing to the judgment debtor, shall not apply to judgments recovered more than ten years prior to September first, nineteen hundred and eight, nor to judgments heretofore or hereafter recovered upon such judgments,' and any execution heretofore issued upon such judgments pursuant to an order heretofore granted under this section shall, when this act takes effect, cease to be a lien and continuing levy upon wages and salary thereafter to become due and owing to the judgment debtor. tion for modification of execution. recovered ten years prior to Sept. 1, 1908. § 2. This act shall take effect immediately. 1 Words 66 nor to judgments heretofore or hereafter recovered upon such judgments," new. Chap. 353. AN ACT to amend the code of criminal procedure, in relation to the commitment of vagrants. Became a law April 15, 1914, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section eight hundred and ninety-two of the code of 892 criminal procedure, is hereby amended to read as follows: § 892. Certificate to constitute record of conviction, and to be filed; commitment of vagrants. The magistrate must immediately cause the certificate which constitutes the record of conviction, together with the testimony taken before him as to the residence of such vagrant, to be filed in the office of the clerk of the county, and must, by a warrant signed by him, with his name of office, commit the vagrant for not exceeding six months at hard labor, to the penitentiary or1 county jail. In those counties of the state where the distinction between county poor and town poor is maintained, the expense of the conviction and mainte nance during the commitment of any vagrant committed to the county jail, who shall, at the time of such commitment, have obtained a legal settlement in one of the towns of the county in which said persons shall be convicted, shall be a charge upon the town where they may reside at the time of such commitment. § 2. This act shall take effect September first, nineteen hundred and fourteen. 1 Words "penitentiary or," new. amended. Sept. 1, 1914. Short title. Chap. 354. AN ACT to incorporate the city of Batavia. Became a law April 15, 1914, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Title THE CHARTER OF THE CITY OF BATAVIA. I. Incorporation, boundaries and definitions (§§ 1-5). II. City officers, elections, appointments, terms of office, compensation (§§ 10-21). III. City officers, their general powers and duties (§§ 30-*43). IV. The common council (§§ 50–65). V. Public works, local improvements, streets, sewers, paving sidewalks, water, et cetera (§§ *70-86). VI. Fire department (§§ 90-94). VII. Police department (§§ 100-*109). VIII. Department of charities (§§ 115-120). IX. Board of health (§§ 125-133). X. City court (§§ 135-150). XI. Actions by and against the city (§§ 155-157). XII. Department of law (§§ 160-166). XIII. Assessment of taxes (§§ 170-192). XIV. City schools (§ 200). XV. Change of form of government (§§ 205-212). TITLE I. INCORPORATION, BOUNDARIES AND DEFINITIONS. Section 1. This is a public act and shall be known as the char ter of the "City of Batavia." § 2. Boundaries of the city. The boundaries of said city shall be as follows: Beginning in the southerly bounds of the old Buffalo road at the point of intersection thereof by the westerly bounds of original village lot number one hundred and two; * So in original. thence westerly along the southerly line of the said old Buffalo road to the point of its intersection with the easterly line of the Lewiston road or a continuation thereof; thence northwesterly along the easterly line of the Lewiston road to the point of intersection thereof with the easterly line of Park road, so called; thence northeasterly along the easterly line of Park road to the northerly bounds of the lands of the Genesee County Agricultural Society; thence easterly along the northerly bounds of said society's lands and the lands of Charles A. Williams and David Garrett to the easterly bounds of original village lot number two; thence northerly on the easterly bounds of said lot number two to the northeasterly corner of said original village lot number two; thence southeasterly in a direct line parallel with what is known as West Main street to the northwest corner of original village lot number fourteen; thence still southeasterly in a direct line to the northeast corner of original village lot number fifty-two; thence easterly in a direct line parallel with the southerly bounds of lots numbers nine and eleven, township twelve, section nine, range one of the tract of land known as the Holland Purchase to the easterly bounds of said lot number nine; thence south on the easterly bounds of said lot number nine and the easterly bounds of lots numbers ten and nine in section eight, township twelve and range one of the Holland Purchase to the southerly bounds of the lands constituting the right of way of the Lehigh Valley Railroad Company; thence westerly in a direct line to the point where the center lines of Cedar street and Big Tree road intersect; thence westerly in a direct line to a point in the westerly bank of the Tonawanda creek at the west end of the Lehigh Valley railroad bridge; thence along the left bank of said creek to a point in said left bank, which point is opposite the southeast corner of lot number twenty-three in said village and in a direct line with the easterly line thereof; thence northwesterly in a direct line to a point in the westerly bounds of original village lot number sixty-six, which point is three-fourths of a mile from the southerly bounds of West Main street; thence continuing westerly still in a direct line to the westerly bounds of original village lot number sixtyeight; thence northeasterly along the westerly bounds of original village lots numbers sixty-eight and one hundred and two to the southerly bounds of the old Buffalo road, the place of beginning. § 3. Corporate name and powers. (a) The citizens of the state of New York from time to time inhabitants within the boundaries of the city of Batavia as aforesaid shall be a municipal corporation in perpetuity, under the name of the "City of Batavia." The said corporation may take, purchase, hold, sell and convey real and personal property; it may take by gift, grant, bequest and devise, and hold real and personal estate in trust or perpetuity for any purpose of education, art, health, charity or amusement, for parks or gardens, for the erection of statues, monuments, public buildings or other public use, upon such terms as may be prescribed by the grantor or donor and accepted by said corporation, and may provide for the proper execution of said trust, and may have, and from time to time alter a common seal, may sue and defend in all courts, and may do anything necessary to carry into effect the powers granted to it. The said city shall also have all the powers and privileges conferred and to be conferred by the statutes of this state upon cities of like class which are not inconsistent with the provisions hereof. (b) Town of Batavia. The town of Batavia shall hereafter consist of all the territory heretofore constituting said town, except that portion thereof embraced within the boundaries of the city of Batavia, and the territory embraced within the boundaries of said city as herein before described shall not constitute or be a part of the town of Batavia. (c) Succession of liabilities. The corporation known as the village of Batavia, and included in the above-described boundaries of said city is hereby dissolved, subject to the provisions of this act. The city of Batavia shall succeed to and be vested with all the rights and property of the said village of Batavia, and shall succeed to and be liable for all the liabilities of said village corporation, of every name and nature; and every suit, prosecution, or proceeding commenced by or against said village corporation, and pending at the time of the passage of this act, may be continued by or against and in the name of said village, or at the option of the parties thereto the name of said city may be substituted instead of said village corporation and in the name of said city all suits, actions or proceedings may be continued. All division of said village into road, fire or other districts, highways, streets, parks and alleys in the village of Batavia; and all ordinances, rules and regulations of the board of trustees of the said village of Batavia in force at the time of the passage of this act shall be and continue to be in force, over the entire limits of the city of |