premises becoming 3 person while the holder of a liquor tax certificate issued for said disorderly. premises or his agent had suffered or permitted said certificated premises or any yard, booth, garden or any other place appertaining thereto or connected therewith to become disorderly or had suffered or permitted any gambling in the place designated by the liquor tax certificate as that in which the traffic in liquor was to be carried on, or in any yard, booth, garden, or in any other place appertaining thereto or connected therewith, no new certificate shall be issued for said premises to any person and no person shall traffic in liquor in said premises for the period of one year from the date of the entry of a final order cancelling such certificate, or from the date of the conviction of any person while the holder of a liquor tax certificate issued for said premises * or his agent for a violation of section eleven hundred and fortysix or any section under article eighty-eight, of the penal law; provided: That if an appeal be taken from such final order cancelling such certificate or from the judgment of conviction for such crime committed on said premises and if upon motion there shall be issued a stay of the penalties provided by this law as the result of such cancellation or conviction, and if the appellate court shall affirm on appeal the order cancelling such certificate or the conviction for such crime, then no person shall traffic in liquors at the said premises for the period of one year from the date of the entry of the order affirming on appeal such cancellation or conviction: Provided, that the discontinuance of traffic in liquors for one year or less, by reason of the provisions of this section, shall not operate or be construed to forfeit any right of traffic which, under the provisions of this section, attached to the place for which such forfeited or revoked certificate was held. § 2. This act shall take effect immediately. 2 Words "any person while," new. 3 Words "of a liquor tax certificate issued for said premises," substituted 4 Words " 5 Words "for such crime committed on said premises," omitted. Re- As amended by L. 1910, ch. 619. Chap. 379. AN ACT to legalize the several acts, transactions and proceedings of the board of trustees of the village of Saint Johnsville, Montgomery county, state of New York, relating to the submission of a proposition to establish a municipal board consisting of five members with all the duties, powers and responsibilities of separate boards of water, light and sewer commissions, at an annual election held March nineteen, nineteen hundred and twelve. Became a law April 15, 1912, 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. The several acts, transactions and proceedings of the board of trustees of the village of Saint Johnsville, Montgomery county, New York, relating to the posting, publication and submission of the proposition to establish for said village a municipal board consisting of five members with all the duties, powers and responsibilities of separate boards of water, light and sewer commissioners, which was submitted to the voters and taxpayers at the annual election held in said village on the nineteenth day of March, nineteen hundred and twelve, are hereby legalized, ratified and confirmed, and declared to be legal and effective, and said proposition shall be deemed to have been submitted on sufficient notice and in accordance with the general village laws of the state of New York, and the acts amendatory thereof and all special and general statutes, so far as such acts. relate to the presentation of such proposition to the voters and taxpayers of the said village by the board of trustees thereof, but nothing in this act shall affect any action or proceeding now pending. § 2. This act shall take effect immediately. 81317 amended. In effect 'Sept. 1, 1912. Chap. 380. AN ACT to amend the code of civil procedure in relation to appeals. Became a law April 15, 1912, 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 thirteen hundred and seventeen of the code of civil procedure is hereby amended to read as follows: 3 1317. Judgment or order on appeal. Upon an appeal from a judgment or an order, the appellate division of the supreme court, or appellate1 term, to which the appeal is taken, may reverse or affirm, wholly or partly, or may modify, the judg ment or order appealed from, and each interlocutory judgment or intermediate order, which it is authorized to review, as specified in the notice of appeal, and as to any or all of the parties.2 It shall thereupon render judgment of affirmance, judgment of reversal and final judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law except where it may be necessary or proper to grant a new trial or hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon special findings of the jury or the general verdict, or upon a motion to dismiss the complaint or to direct a verdict. A judgment, affirming wholly or partly a judgment, from which an appeal has been taken, shall not, expressly and in terms, award to the respondent, a sum of money, or other relief, which was awarded to him by the judgment so affirmed. After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties. § 2. This act shall take effect September first, nineteen hundred and twelve. 1 Word 66 appellate" substituted for word "general." 2 Remainder of sentence formerly read: "and it may if necessary or proper grant a new trial or hearing." 3 Sentence to here new. Remainder of sentence was formerly part of preceding sentence. 4 Following sentence new. Chap. 381. AN ACT to authorize the city of Buffalo to issue its bonds for the purpose of continuing the construction, maintenance, control and operation of a system of waterworks, and for the purpose of acquiring lands by purchase or otherwise therefor. Became a law April 15, 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: tion and waterworks quisition of therefor, Section 1. The city of Buffalo is hereby authorized and em- Construcpowered to acquire, construct, maintain, control and operate a operation of system of waterworks to furnish and supply its inhabitants with and acwater from Lake Erie, and for that purpose may contract for, property purchase and acquire by deed or otherwise any and all lands, authorized. waters, easements, property, tenements, hereditaments, rights, privileges, franchises, and any fountains, dams, mains, pipes, conduits, hydrants, machinery, and all other real and personal property whatsoever necessary for the acquisition, construction, maintenance, control and operation of said waterworks, whether situated in the city of Buffalo or elsewhere within the state of New York, and to contract for the execution of said work or any part thereof, and for supplying any and all necessary materials there vest in for. The title to any and all property acquired pursuant to this Property to act shall vest and be in the city of Buffalo. The city of Buffalo, its city. officers, agents and employees, are authorized to enter upon any Right of lands or waters for the purpose of making such surveys, examina- surveys, tions and investigations as shall seem to them necessary in the faithful performance of their duties. entry for etc. of property, condemna ceedings, § 2. In case the city of Buffalo shall be unable to acquire by Acquisition purchase, at a sum which it shall deem reasonable and proper, any etc., by property necessary for the acquisition, construction, maintenance, tion procontrol and operation of the system of waterworks contemplated authorized. by this act, including the property, rights of property, privileges and franchises owned or possessed by any person, firm or corporation and which have theretofore been acquired by such person, firm or corporation, or their predecessors, for public purposes by right of eminent domain or otherwise, it is hereby authorized to acquire the same in the same manner and by the same method of procedure as is provided in sections four hundred and seventeen to four hun Supervision of exe work and supplying of materials. dred and thirty-nine of the charter of said city, being chapter one hundred and five of the laws of eighteen hundred and ninety-one, as amended by chapter five hundred and seventy-one of the laws of nineteen hundred, for the acquisition of lands by the city for the purposes provided in the charter of said city. § 3. The execution of said work, or any part thereof, and the cution of supplying of any and all necessary materials therefor shall be under the direction and supervision of the commissioner of public works of said city and no work performed or materials furnished and delivered in connection with said public work or improvement shall be deemed to have been accepted by said city until such work and materials have been duly inspected and approved by the commissioner of public works of said city. Super vision of mainte nance and operation. Plans, prepara tion and approval. Contracts, how let. Bond issues 8 4. After the erection and construction of a waterworks, as provided by this act, the commissioner of public works of the city shall have the supervision of the maintenance, control and operation of said system of waterworks in the same manner and with like power and authority as is now conferred upon him by law with reference to the waterworks or waterworks system and department of water now in existence in said city. § 5. Before the city shall enter into a contract with any person, firm or corporation for the execution of the work, or any part thereof, hereinbefore specified, or the supplying of any material or materials therefor, the commissioner of public works shall prepare and submit to the common council of the city a plan of said proposed work or improvement for their consideration, and after the common council shall approve of a plan for said work all contracts made in connection therewith for the performance of said work, or any part thereof, or the supplying of material or materials therefor, shall be let and awarded in the same manner as is now provided by law for the letting and awarding of other contracts for public work or improvement by said city. § 6. It shall be lawful for the city of Buffalo to issue its bonds authorized. in a sum not to exceed one million dollars for the purpose of raising money to acquire all lands, waters, easements, property, tenements, hereditaments, rights, privileges and franchises, and any fountains, dams, mains, pipes, conduits, hydrants, machinery and all other real and personal property whatsoever necessary for the acquisition, construction, equipment and extension of said waterworks, and for the purpose of contracting for the execution of said work or any part thereof, and for supplying any and all |