specifica to be § 2. The trustees of said village shall cause plans and specifications Plans and of such extension to be prepared, and shall give at least one week's tons, etc. notice by publishing the same daily in a daily newspaper published in said village, where such plans and specifications can be seen and examined and shall in such notice invite sealed proposals for the construction of such extension, to be presented to the clerk of the board. Upon the expiration of the time specified in such notice the trustees Contract shall convene and open said proposals and shall award the contract awarded for the construction of such extension to the lowest responsible bidder. to lowest Before the awarding of the contract for the construction of such extension, the contractor to whom it is proposed to award said contract shall execute to the village of Saratoga Springs, in such form and manner as said trustees shall prescribe, a bond, to be approved by said trustees in a sum at least twice the amount of the contract price with two sureties, who shall duly justify, conditioned for the faithful performance of the contract and the proper construction of such sewer in conformity with the plans and specifications adopted by said trus tees. bidder. assessed. §3. The cost of constructing said sewer shall be assessed by the Cost, how trustees upon the taxable property of the said village and shall be in- to be cluded in the annual tax levy next succeeding the letting of the contract for the construction of said sewer, and shall be collected and liable to be enforced in the same manner as other village taxes in said village. Said tax when collected shall be paid out for the construction and other expenses attendant upon the said sewer, by the receiver of taxes of said village, upon the certificate of the trustees and the village auditors, in the same manner as other bills against said village, and all bills presented for payment for constructing or in connection with said sewer shall be accompanied by the affidavit of the claimant as required to be done in the case of other claims against said village. § 4. The trustees shall have the same power to regulate the use of Use of said sewer and to prescribe rules under which the same shall be used sewer. and for its preservation and care as is now possessed by them with respect to the main sewer of said village, and any person obstructing or interfering with said sewer or violating the rules adopted by the trustees with respect to the same shall be subject to the same punishment provided with respect to the main sewer. 5. This act shall take effect immediately. CHAP. 329. AN ACT to authorize and direct the county clerk of Niagara county to record certain notices of pendency of actions now on file in the Niagara county clerk's office. PASSED June 8, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: books and SECTION 1. The clerk of Niagara county in this state is hereby au- Clerk to thorized and directed to procure suitable books, at the expense of the procure said county, and in such books to record at length, and to make a recor proper index thereto of all notices of pendency of action filed in such pendency county clerk's office, and not heretofore entered and recorded, prior to of actious. the passage of an act authorizing the clerks of the several counties of notices of Evidence. Fees. Expense of books. Commissioners to be trustees. Duties of trustees. this state to record and index the notices of pendency of action filed in their respective offices thereafter, passed March twenty-second, eighteen hundred and sixty-four. § 2. Such entering and recording thereof shall be as valid and effectual as if done by the clerk of said county with whom they were filed. § 3. The record of any such notice, or a copy thereof, certified by the clerk of said county, may be read in evidence in any of the courts of this state with the like effect as if the original notice was produced. § 4. There shall be paid to said county clerk the sum of ten cents for each and every folio of one hundred words for recording and indexing such notices of pendency of action, to be allowed and audited by the board of supervisors of said county of Niagara, and paid by the county treasurer of said county to said clerk who shall with such moneys compensate the persons who may be employed by him to do such work. 5. The bill of said clerk for the expense of procuring said books shall be audited and allowed by the board of supervisors of said county, and when so audited and allowed shall be paid by the county treasurer of said county. § 6. This act shall take effect immediately. CHAP. 330. AN ACT to amend chapter three hundred and eighty-nine of the laws of eighteen hundred and seventy-eight, entitled "An act to create a police pension fund for disabled and retired policemen in the city of New York," and to provide for the equalization of pensions. PASSED June 8, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The act to create a police pension fund for disabled and retired policemen in the city of New York, passed June fourth, eighteen hundred and seventy-eight, being chapter three hundred and eighty-nine of the laws of eighteen hundred and seventy-eight, is hereby amended so as to read as follows: 1. The police commissioners of the city of New York are hereby constituted a board of trustees of the police pension fund created and provided for by this act. They shall organize as such board by choosing one of their number chairman and by appointing a secretary. Treasurer. The treasurer of the board of police shall be treasurer of such board of trustees. Such board of trustees shall have charge of and administer said fund, and from time to time invest the same, or any part thereof, as the said board shall deem most beneficial to said fund, and the said board is hereby authorized and empowered to make all necessary contracts and take all necessary and proper actions and proceedings in the premises, and to make payments from time to time from said fund of pensions granted in pursuance of this act, and, also, of pensions now charged on or made payable from said fund by or under existing laws; and said board of trustees shall be the legal successors of the trustee or trustees of the police life insurance fund, and of any pension fund heretofore created or existing. The said board of trustees may, and Rules. §2. The police pension fund now existing, and all moneys, bonds, Fund. §3. The said police pension fund shall consist of: 1. The capital, interest, income, dividends, cash deposits, sccurities of what to and credits derived from the said police life insurance fund and the consist. police pension fund. 2. All fines imposed by the board of police, from time to time, upon or against any member or members of the police force. 3. All rewards, fees, gifts, testimonials and emoluments that may be presented, paid or given to any member of the police force for account of police services, except such as shall be allowed by the board of police to be retained by said member. 4. All lost, unclaimed or stolen money remaining in the possession of the property clerk of the police department for the space of one year, and for which there shall be no lawful claimant, and moneys arising from the sale by the said property clerk of unclaimed, abandoned, lost or stolen property. 5. A sum of money not exceeding four dollars per month for each member of the police force, to be paid monthly by the treasurer of the board of police to the treasurer of the board of trustees of the police pension fund for moneys deducted or withheld from the pay of members of said police force on account of lost time. § 4. The board of police shall have power, in its discretion, by the Pensions. unanimous vote of a full board, to retire and dismiss from membership in the said police department or force, and thereupon grant pensions, as hereinafter provided, to any member of the police department or force of said city who shall have become disabled, physically or mentally, or superannuated by age so as to be unfit for police duty, and by a majority vote of the board, to widows and orphans of such members to be paid from the police pension fund by the board of trustees thereof, as follows: 1. To the widow of any member of the police department or force Widow. who shall have been killed while in the actual performance of duty, or shall have died from the effects of any injury received whilst in the actual discharge of such duty, or who has died or shall hereafter die after ten years of service in the police department or force of the city of New York, a sum of three hundred dollars per annum. 2. To any child or children under eighteen years of age of such Children. member killed or dying as aforesaid, but leaving no widow, or, if a widow, then after her death to such child or children being yet under eighteen years of age, a sum not exceeding three hundred dollars per annum. Members. Retiring disabled 3. To any such member of the police department or force, who whilst in the actual performance of duty and by reason of the performance of such duty, and without fault or misconduct on his part, shall have become permanently disabled, physically or mentally, so as to be unfitted to perform police duty, a sum not to exceed three hundred dollars per annum. 4. To any such member of the said police department or force who shall after ten years' and less than twenty years' membership become superannuated by age, or disabled physically or mentally so as to be unfitted or unable to perform police duty by reason of such disability or disease contracted without misconduct on his part, a sum not less than three hundred dollars nor exceeding six hundred dollars per annum. 5. To any such member of the police department or force who has or shall have become permanently insane or mentally incapacitated from performing police duty, a sum not less than three hundred dollars, nor more than five hundred dollars; such pension to be paid to the person or committee legally authorized to collect and receive the same for and on behalf of the person so pensioned. § 5. Any member of the police department who has, or shall have, of old and performed duty therein for a period of twenty years, or upwards, upon members. his own application in writing, or upon a certificate of the board of surgeons showing that such member is permanently disabled,physically or mentally, so as to be unfit for duty, shall, by resolution, be retired and dismissed from said department, force and service, and placed on the roll of the police pension fund, and awarded and granted to be paid from said pension fund an annual pension during his life-time of a sum of not less than one-half the full salary or compensation. of such member so retired, provided, however, that no pension granted under the provisions of this section shall exceed the sum of one thousand dollars per annum, except that the said board of trustees may, in their discretion, award and grant pensions to the superintendent of not exceeding fifteen hundred dollars, and to each inspector not Pensions exceeding twelve hundred dollars per annum. Pensions granted under this section shall be for the natural life of the pensioner and shall not be revoked, repealed or diminished. In case any member shall have voluntarily left the police department and entered into the United States service and served in the war of the rebellion in the army and navy, and received an honorable discharge, and afterward shall have been reinstated in the police department, the time of his service in the army or navy shall be considered as continuous service in the police department. to be for life. Pensions and chil dren when to terminate. § 6. Pensions to widows shall terminate when the widow shall reto widows marry, and pensions to children shall terminate whenever the children shall respectively marry or arrive at the age of eighteen years. The board of police may, in its discretion, order any pension granted, or any part thereof, to cease, or be diminished, except those pensions granted in pursuance of section five of this act; but in all such cases the said board of police shall file with the trustees of the police pension fund a written statement of the causes which determined them in ordering any pension so to cease or be diminished, and nothing herein, or in any other act contained, shall render the granting of any pension obligatory on the board of police, or chargeable as a matter of right upon said police pension fund, except as provided in this act. All existing pensions lawfully granted, payable out of the police life insurance fund, or the police pension fund, and not lawfully revoked, are continued and shall be paid out of the police pension fund in pursu ance of the limitations and provisions of this act; and the said board may, in its discretion, by unanimous vote increase, equalize and equitably adjust but not diminish any such existing pension or pensions so as to conform as near as may be to the provisions, restrictions and limitations of this act; provided, however, that no such increase, equalization or adjustment shall be granted or made unless applied for within sixty days after the passage of this act. § 7. Pensions may, in the discretion of the said board of trustees, Ibid be continued and paid to the widows, or if none, to the child or children whilst under the age of eighteen years of any member of the police force to whom pensions shall have been granted, under the provisions of section five, or under subdivisions three and four of section four of this act; provided, however, that such pensions to such widows or children, as the case may be, shall in no instance exceed five hundred dollars per annum, and the same may, in the discretion of said board, be from time to time and at any time diminished, modified or revoked. service. §8. In determining the terms of service of any member of the Terms of police department, service in the late municipal and metropolitan police force, and subsequently in the police department of the city of New York, shall be counted and held to be service in the police department of the city of New York for all the purposes of this act. § 9. No member of the police force shall be granted, awarded or Surgeons paid a pension on account of physical or mental disability or disease, catre unless a certificate of the board of surgeons of the department of police, quired. which shall set forth the cause, nature and extent of the disability, disease or injury of such member shall be filed in the department. certifi execu $10. The moneys, securities and effects of the police pension fund, Funds, and all pensions granted and payable from said fund shall be and are empt from exempt from execution and from all process and proceedings to enjoin tion. and recover the same by or on behalf of any creditor or persons having or asserting any claim against, or debt or liability of any pensioner of said fund. § 11. The said board of police is hereby authorized and empowered Rules.. to make and adopt all such rules, orders and regulations as are or may be necessary to carry out and enforce the provisions of this act. in case of presenta fraudulent § 12. Every person who knowingly or willfully in anywise procures Forfeiture the making or presentation of any false or fraudulent affidavit or affirmation concerning any claim for pension or payment thereof, shall tion of in every such case forfeit a sum not exceeding two hundred and fifty claims. dollars, to be sued for and recovered by and in the name of the said board of police, and when recovered, paid over to and thereupon become a part of the said police pension fund. $13. Any person who shall willfully swear falsely in any oath or False affirmation in obtaining or procuring any pension or payment thereof, swearing under the provisions of this act, shall be guilty of perjury. §14. This act shall take effect immediately. perjury. |