the board of estimate and apportionment shall deem just and equitable.

§ 2. This local law shall take effect immediately.

LOCAL LAW No. 14

A local law in relation to the reinstatement of persons heretofore dismissed or resigned from the department and bureaus of street cleaning. Became a law January 3, 1928, with the approval of the Mayor. Passed by the local legislative body of the city of New York.

Be it enacted by the municipal assembly of the city of New York as follows: Section 1. Notwithstanding any provision of the Greater New York charter or of any other law, the street cleaning commissioner in relation to the street cleaning department and the presidents of the boroughs of Queens and Richmond in relation respectively to the street cleaning bureaus in such boroughs, may, in their discretion, rehear the charges or review the action upon which any member of the uniformed force or other employee of the street cleaning department or bureaus has been dismissed or has resigned; provided that a written application for such rehearing shall first be made to the mayor, which application shall set forth the reasons for demanding such rehearing; and provided, further, that such employee shall waive, in writing, all claim against the city of New York for back pay and that the mayor shall in writing consent to such rehearing. If upon such rehearing the street cleaning commissioner or borough president shall determine that such employee was illegally or unjustly dismissed or that the acceptance of his resignation should be reconsidered and if such commissioner or borough president be satisfied as to the fitness of such person for service in such department or bureau and that his reinstatement is for the best interests of the city, such commissioner or borough president may reinstate such employee; but the time during which such reinstated employee was separated from such department or bureau shall not be counted as time served in such department or bureau for any purpose. 2. This local law shall take effect immediately.

LOCAL LAW No. 15

A local law to authorize the reopening and reconsideration of the budget for the year 1928, in so far as it relates to the item for the 1928 amortization instalment of certain corporate stock authorized to be issued by the city.

Became a law January 11, 1928, with the approval of the Mayor. Passed by the local legislative body of the city of New York.

Be it enacted by the municipal assembly of the city of New York as follows: Section 1. The board of estimate and apportionment and the board of aldermen are hereby authorized and empowered to reopen

and reconsider the budget for the year 1928, in so far as it relates to the item or appropriation for the 1928 amortization instalment of rapid transit corporate stock for the independent subway system, for the purpose of receiving and considering an estimate of the amount which should be included in such budget for sinking fund requirements in such year for the redemption of bonds authorized to be issued by the board of estimate and apportionment, for rapid transit purposes, maturing in four years. Such amount may be estimated and certified by the comptroller, and he is hereby authorized and empowered to make such estimate and certificate within two days after this local law takes effect, but in the event that the comptroller shall fail to submit such estimate or certificate to the board of estimate and apportionment, or, if the estimate or certificate made by the comptroller be insufficient, the board of estimate and apportionment shall make such estimate. Such budget may be amended by the insertion therein of the amount so estimated. Before finally adopting such amendment to such budget, the board of estimate and apportionment shall fix such sufficient time or times as may be necessary to allow the taxpayers of the city to be heard in regard thereto, and the said board shall attend at the time or times so appointed for such hearing. After such budget has been so amended by the board of estimate and apportionment, such amendment shall be submitted by said board within three days to the board of aldermen, whereupon a special meeting of the board of aldermen shall be called by the mayor to consider such amendment and the same shall simultaneously be published in the City Record. The consideration of such amendment by the board of aldermen shall continue from day to day until final action is taken thereon but such consideration shall not continue beyond three days, and in the event of the said board of aldermen taking no action thereon within such period of time the amendment to such budget shall be deemed to be finally adopted as submitted by the board of estimate and apportionment.

§ 2. This local law shall take effect immediately.

LOCAL LAW No. 16

A local law to amend and supersede section four hundred and thirty-five of the Greater New York charter in relation to the powers of local boards with respect to local improvements.

Became a law January 11, 1928, with the approval of the Mayor. Passed by the local legislative body of the city of New York.

Be it enacted by the municipal assembly of the city of New York as follows: Section 1. Section four hundred and thirty-five of the Greater New York charter, as re-enacted by chapter four hundred and sixty-six of the laws of nineteen hundred and one, as amended by chapter one hundred and seventy-one of the laws of nineteen hundred and twenty-three, and as last amended by local law number

five of nineteen hundred and twenty-seven, is hereby amended and superseded so as to read as follows:

§ 435. Local boards: power to flag sidewalks, etc. A local board shall have the power to cause the grading, regrading and paving of streets; the flagging, reflagging, curbing and recurbing of sidewalks; the laying and relaying of crosswalks; the constructing of gutters; receiving basins, inlets and sewers; the fencing of vacant lots; the digging down of lots and the filling of sunken lots within its district, by resolution approved by the board of estimate and apportionment; provided, however, that the approval of the board of estimate and apportionment shall not be necessary when the expense to be incurred by any one such resolution shall not exceed the sum of ten thousand dollars, provided that in the case of a regulating, grading, paving or sewer improvement there is on file with the president of the borough in which the improvement is to be made a certificate duly executed by the chief engineer of the board of estimate and apportionment to the effect that the street or portion thereof in which the improvement is to be made has been incorporated on the final map of the city; that title to the street has been legally acquired or that the corporation counsel has certified that the area to be improved is dedicated to public use; that sewers which are to be authorized conform to the legally adopted drainage plan; that the cost of the improvement is less than one-half of the value of the property benefited; and that the improvement conforms to the rules of urgency adopted by he board of estimate and apportionment on February twenty-sixth, nineteen hundred and fifteen, or such amendments thereto as the said board may, from time to time, adopt. Prior to the issuance of any certificates by the chief engineer, the board of estimate and apportionment shall, by resolution passed by not less than twelve affirmative votes, limit the total amount of the estimated cost of improvements for which such certificates may be issued chargeable against the street improvement fund for each of the five boroughs during the year in which the certificates are issued. When such public work or improvements shall have been authorized by a local board pursuant to the provisions of this act, the president of the borough within which such work is to be done shall proceed forthwith in the execution thereof, provided that the limit of the appropriation set up by the board of estimate and apportionment for the borough in which the improvement is located, shall at no time be exceeded thereby.

§ 2. This local law shall take effect immediately.

LOCAL LAW No. 17

A local law for the appointment of an additional city marshal in the city of

New York.

Became a law January 11, 1928, with the approval of the Mayor. Passed by the local legislative body of the city of New York.

Be it enacted by the municipal assembly of the city of New York as follows: Section 1. There shall be an additional city marshal in and for the first district, borough of The Bronx, whose powers and duties shall be the same as the powers and duties of city marshals now existing. Such city marshal shall be appointed by the mayor upon the approval of this local law, for a term ending on the thirtieth day of April, nineteen hundred and twenty-eight, and thereafter on the first day of May, nineteen hundred and twenty-eight, for a term of six years. Any person appointed after the commencement of a term as herein provided, shall hold until the expiration of such term. A vacancy in such office shall be filled by appointment by the mayor for the unexpired term.

§ 2. This local law shall take effect immediately.

LOCAL LAW No. 18

A local law to amend and supersede section thirty-four of the Greater New York charter, as amended by chapter four hundred and seventy-two of the laws of nineteen hundred and fourteen, in relation to licenses to auctioneers.

Became a law January 19, 1928, with the approval of the Mayor. Passed by the local legislative body of the city of New York.

Be it enacted by the municipal assembly of the city of New York, as follows:

Section 1. Section thirty-four of the Greater New York charter, as amended by chapter four hundred and seventy-two of the laws of nineteen hundred and fourteen, is hereby amended and superseded so as to read as follows:

§ 34. The city clerk shall have authority to grant licenses to any person engaged in and carrying on the business and occupation of auctioneer, or desiring to be so engaged, on payment of the sum of one hundred dollars per annum, on such person filing a bond, approved by him, with two good sureties in the penal sum of two thousand dollars. The president of the board of aldermen or, upon his designation, the vice-chairman of the board of aldermen on complaint of any person having been defrauded by any auctioneer, or by the clerk, agent or asignee of such auctioneer, doing business in said city, is authorized and directed to take testimony under oath relating thereto; and if the charge shall, in his opinion, be sustained, he shall revoke the license granted to such auctioneer, and direct his bonds to be forfeited; or upon com

plaint of any person that any auctioneer or clerk, agent or assignee of such auctioneer, has been guilty of misconduct relating to the business transacted under such auctioneer's license, is authorized and directed to take testimony under oath relating thereto; and if the charge shall, in his opinion, be sustained, he may suspend for a term not to exceed six months, the license granted to such auctioneer. No person, persons, corporation or association shall hereafter carry on the business of auctioneer in the city of New York, without having first obtained from the city clerk a license authorizing such person, persons, corporation or association to carry on the business of auctioneer; and no person, persons, corporation or association whose license has been revoked for cause shall again be licensed to carry on the business of auctioneer. Any person or persons, corporation, partnership or association who shall offer for sale, or sell goods, of any description, wares, merchandise, real or personal property at vendue or auction without having first obtained from the city clerk a license authorizing such person or persons, corporation, partnership or association to carry on the business of auctioneer, or whose license is suspended or who shall offer for sale or sell goods of any description, wares, merchandise, real or personal property in manner similar to that of a public auction or by public outcry, even though no competitive bids are solicited, shall be guilty of a misdemeanor. But nothing in this section shall apply to a duly appointed marshal of the city of New York who, by virtue of his office by levy under legal process, sells goods, wares and merchandise or real or personal property, thus levied upon him under such process.

§ 2. This local law shall take effect immediately.