(c) A pension to the widow of a retired member shall not be granted unless she was the lawful wife of the member at the time of his retirement and a pension granted to the widow of a member injured in the line of duty, which injury results in his death, shall not be granted unless she was the lawful wife of the member at the time of his injury.

(9) Allowances for children. (a) Each child of a member whose death occurs during his or her service or employment in the department, or whose death occurs after he or she shall have been retired on a pension under the provisions of headings (a) and (b) of subdivision six of this section, shall during such period as he or she shall be under the age of eighteen years, receive an allowance from said fund of ten dollars per month.

(b) If there be no widow or if a widow receiving a pension dies, the same sum as would have been paid or was paid to the widow shall thereafter be paid to the child of such member during the period he or she shall be under the age of eighteen years, and in the event that there be more than one child, then said sum shall be divided and paid to each child in equal parts during the period he or she shall be under the age of eighteen years, and any sum so paid to any child shall be in addition to the allowance of ten dollars per month herein before provided for.

(c) The combined amount of the widow's and children's pension shall in no case exceed one-half of the salary or compensation received by the member at the time of his death, injury or retirement.

(10) Allowances for parents. If there be no widow nor any child of any such member, then each dependent parent of any such member whose death occurs during his or her service or employment in the department or whose death occurs after he or she shall have been retired on a pension pursuant to the provisions of headings (a) and (b) of subdivision six of this section shall receive an allowance of twenty-five dollars per month from said fund, and if there be more than one dependent parent, such allowance shall be paid to each in equal parts, but such allowances shall only be paid during such period as shall be necessary for the support of such parent or parents. In the event that a pension or allowance being paid to a widow or to any widow and child or children or to any child or children shall cease being paid to all of them, then and in that event, an allowance to a dependent parent or parents shall be made as herein provided.

(11) Existing or new pensions. Pensions granted under or pursuant to this section shall be for the natural life of the pensioner and shall not be revoked, repealed nor in any wise diminished. Nothing herein contained shall affect the claim of any person to whom any pension has heretofore been allowed from the police pension fund but such pension shall be paid by the treasurer of said fund upon the basis in effect at the time said pension was granted. Nothing herein contained shall be construed to deprive any person of any accrued right to benefits in said fund existing

immediately prior to the date on which this section takes effect, and any such accrued right shall be allowed in accordance with the provisions of law then in force. No person drawing a pension pursuant to the provisions of this section shall receive other or further compensation for any services rendered as an officer or employee of the federal government, state of New York or any municipal corporation therein other than for temporary police duty for the city of Buffalo, provided, however, that any such person may accept a position as officer or employee of the federal government, the state of New York or any municipal corporation therein but shall not be entitled to receive any part of the pension provided for by this section during the time such person holds such federal, state or municipal office or employment.

(12) All officers and employees who are retired under the provisions of this section and who are drawing a pension from said fund, may, when able to act, perform temporary duty in case of emergency and may be accepted by the superintendent of the department of public safety when satisfied that they are able to serve. While so serving on temporary duty, such persons shall be entitled to such compensation as may be fixed by the council in addition to the pension which shall not be affected in any manner by such temporary service. Officers and employees heretofore retired or who may be retired hereafter under the provisions of law governing the police pension fund shall not be restored to service in the department except as hereinbefore provided, and then only for temporary duty.

(13) Partial invalidity. If any clause, sentence, paragraph or part of this section shall for any reason be declared by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 2. Section two hundred and sixty-four of chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, as last amended by chapter one hundred and eight of the laws of nineteen hundred and twenty-three, and local law number eight of the city of Buffalo of the year nineteen hundred and twenty-five are each hereby repealed and superseded, except that nothing herein contained shall affect the claim of any person to whom any pension has heretofore been allowed from the police pension fund, but such pension shall be paid by the treasurer of said fund upon the basis in effect at the time said pension was granted; and nothing herein contained shall be construed to deprive any person of any accrued right to benefits in said fund existing immediately prior to the date on which this section takes effect, and any such accrued right shall be allowed in accordance with the provisions of law then in force.

§ 3. This local law shall take effect immediately.

LOCAL LAW No. 9

A local law in relation to the conditions under which certain civil actions may be maintained against the city

Became a law December 1, 1926, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. No civil action shall be maintained against the city for damages or injuries to the person or to property sustained in consequence of the existence of snow or ice upon any sidewalk, cross walk or street, parkway or park approach, unless written notice thereof, relating to the particular place, was actually given to the commissioner of public works and there was a failure or neglect to cause such snow or ice to be removed or the place otherwise made reasonably safe, within a reasonable time after the receipt of such notice.

§ 2. This local law shall be known as section three hundred and forty-one-a.

§ 3. This local law shall take effect immediately.

LOCAL LAW No. 10

A local law to amend and supersede section one hundred and forty-three of the charter of the city of Buffalo, being chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, in relation to the defraying of the cost of constructing a widened pavement on an accepted street other than a park approach or main thoroughfare.

Became a law December 15, 1926, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. Section one hundred and forty-three of the charter of the city of Buffalo, being chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, entitled "An act to provide a charter for the city of Buffalo" is hereby amended and superseded so as to read as follows:

§ 143. The expense of constructing or enlarging sewers, receivers, sidewalks, repairing sidewalks, grading, regrading, and surfacing and resurfacing, paving and repaving streets and alleys, shall be defrayed by local assessment. Where an accepted street is repaved or resurfaced two-thirds of the expense thereof shall be raised by local assessment and the remaining one-third thereof shall be paid out of the general fund. Two-thirds of the expense of constructing a widened pavement on an accepted street, other than a park approach or main thoroughfare, shall be raised by local assessment and the remaining one-third thereof shall be paid

out of the general fund. The city shall remove all encroachments upon and projections over the public grounds, streets, alleys and wharves, and abate all nuisances and cause the expense to be assessed upon the land upon or in front of which such encroachments, projections or nuisances were, or upon the parcels of land benefited by such removal. The city may construct, maintain and repair a city hall, markets and other public buildings, bridges and reservoirs, wells and fountains and places for supplying the public with water, and docks; maintain, improve and embellish parks, squares, open spaces and other public grounds, and defray the expense or any part thereof, out of the general fund or by local assessment; but all bridges shall be constructed, maintained and repaired out of the general fund. The council may order any street cleaned, sprinkled or watered in addition to the work already contracted for by the city, and may enter into a contract therefor upon a petition of a majority of the resident owners upon said street, without publishing notice and without adopting or publishing a resolution of intention to order such work or improvement, and before the assessment therefor has been confirmed, and shall cause the expense thereof to be defrayed by local assssment.

§ 2. This local law shall be known as "section one hundred and forty-three-a-local."

§ 3. This local law shall take effect immediately.

CITY OF COHOES

LOCAL LAW No. 1

A local law amending section thirteen of chapter one hundred and thirty of the laws of nineteen hundred and fifteen.

Became a law September 7, 1926, with the approval of the Council, no petition protesting. Passed by the local legislative body of the city of

Cohoes.

Be it enacted by the common council of the city of Cohoes as follows:

Section 1. Restrictions: officers not to be interested in contracts. Section thirteen of chapter one hundred and thirty of the laws of nineteen hundred and fifteen, be and it hereby is amended to read as follows: No person shall, at the same time, hold more than one city office. Upon the acceptance by a city officer of a second city office the office first held by him shall thereupon become vacant. No member of the common council or other officer or employee of the city, or person, receiving a salary or compensation from funds appropriated by the city, shall be interested directly or indirectly in any contract to which the city is a party, either as principal, surety or otherwise; nor shall any such member of the common council, city officer or employee or person, or his partner, or any agent, servant or employee of such officer, employees or person or of the firm of which he is a partner, purchase from or sell to the city, or any officer thereof nor shall he be interested, directly or indirectly, in any work to be performed for, or services rendered to or for it, or in any sale to or from said city, or to any officer, board or person in its behalf, any contract made in violation of any of these provisions shall be void. A person shall not be deemed to be interested in a contract purchase or sale made by a corporation with, from or to the city solely by reason of the fact that he is a stockholder of such corporation. The term "city officer' as used herein however shall not be deemed to include a commissioner of deeds or a member of the board of appeals appointed by the mayor pursuant to the provisions of any local law or ordinance of the city of Cohoes and section eighty-one of chapter seven hundred and forty-three of the laws of nineteen hundred and twenty and all amendments and supplements thereto. § 2. This local law shall take effect immediately.