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heretofore created or existing. The said board of trustees may, and Rules. it is hereby authorized and empowered from time to time, to establislı such rules and regulations for the disposition, investment, preservation and administration of the police pension fund, as it may deeni best. They shall report in detail to the common council of the city Reports. of New York, annually in the month of January, the condition of the police pension fund and the items of their receipts and disbursements on account of the same. No payments whatever shall be allowed or made by said board of trustees from said fund as reward, gratuity or compensation to any person for salary, or services rendered to or for said board of trustees.
$ 2. The police pension fund now existing, and all moneys, bonds, Fund. investments, securities, revenues and incomes thereof, or belonging thereto, in whose hands soever, or wherever the sanie may be, shall be paid over and delivered on demand to the said board of trustees of the said police pension fund hereby provided for.
$ 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 polico 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.
of old and 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 norexceeding 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. Retiring § 5. Any member of the police department who has, or shall hare,
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 à 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 tlie sum of one thousand dollars per annum, except that the said board of trustees may, in their discretion, award and grant pensions to the superintend
ent of not exceeding fifteen hundred dollars, and to each inspector not Pensions exceeding twelve hundred dollars per annum. Pensions granted to be for life.
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 Imave voluntarily left the police department and entered into the United States service and served in the war of the rebellion in the army and nary, 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. Pensions $ 6. Pensions to widows shall terminate when the widow shall re
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 bo 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
to widows and chil. dren when to terminate.
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 trustces, Ibid be continued and paid to the widows, or if nonc, 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.
$ 8. In determining the terms of service of any member of the Terms of police department, service in the late municipal and metropolitan service. 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, care reunless 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.
$ 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.
$ 12. Every person who knowingly or willfully in anywise procures Forfeiture the making or presentation of any false or fraudulent affidavit or in case of affirmation concerning any claim for pension or payment thereof, shall tion of in
every such case forfeit á 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, perjurye under the provisions of this act, shall be guilty of perjury.
8 14. This act shall take effect immediately.
may move for order removing
AN ACT to amend sections three and four of chapter five hun
dred and thirty-seven of the laws of eighteen hundred and eighty, entitled "An act in relation to receivers of insolvent corporations.”
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. Section three of chapter five hundred and thirty-seven of the laws of eighteen hundred and eighty, entitled “ An act in rela. tion to receivers of insolvent corporations," is hereby amended to read
as follows: Attorney- § 3. The attorney-general may, at any time he deems that the intergeneral
ests of the stockholders, creditors, policy-holders, depositors or other beneficiaries interested in the proper and speedy distribution of the
assets of any insolvent corporation will be subserved thereby, make a receiver, motion in the supreme court at a special term thereof, in any judicial
district, for an order removing the receiver of any insolvent corporation and appointing a receiver thereof in his stead, or to compel him to account, or for such other or additional order or orders as to him may seem proper to facilitate the closing up of the affairs of such receivership, and any appeal from any order made upon any motion under this section shall be to the general term of said court of the department in which such motion is made.
$ 2. Section four of said act is hereby amended to read as follows:
§ 4. A copy of all notices of motion and of all motion papers, and a Se served copy of any other application to the court, together with a copy of the
order or judgment to be proposed thereon to the court, in every action or proceeding now pending for the dissolution of a corporation or a distribution of its assets, or which shall hereafter be commenced for such purpose, shall in all cases be served on the attorney-general, in the same manner as provided by law for the service of papers on attorneys who have appeared in actions, whether the applications but for this law wonld be ex parte or upon notice, and no order or judgment granted shall vary in any material respect from the relief specified in such copy, order or judgment, unless the attorney-general shall appear on the return day and have been heard in relation thereto; and any order or judgment granted in any action or proceeding aforesaid without such service of such papers upon the attorney-general, shall be void, and no receiver of any such corporation shall pay to any person any money directed to be paid by any order or judgment made in any such action or proceeding, until the expiration of eight days after a certified copy of such order or judgment shall have been served as aforesaid upon the attorney-general.
83. The provisions of this act shall only apply to actions and speactions,
cial proceedings heretofore instituted by the attorney-general and to apply. such as shall hereafter be instituted by him for the purposes afore
8 4. This act shall take effect immediately.
Notices, etc., must be on attor ney-general.
AN ACT to amend chapter six hundred and nineteen of the laws of eighteen hundred and seventy-three, entitled “ An act to incorporate the Staten Island and New Jersey Suspension Bridge and Railroad Company for the purpose of maintaining and constructing suspension bridges, appurtenances and approaches to the same over the Kill-von-Kull at a point or points between the village of New Brighton, Richinond county, and at a point or points at or near Constable's point, in the state of New Jersey, and at a point or points over Arthur kill or Staten Island sound, between the town of Westfield, Richmond county, and Middlesex county, in the state of New Jersey, and also for the purpose of constructing and maintaining a railroad over and across said bridges and to and through the center of Staten Island, Richmond county, to and from the points above named.”
PASSED June 8, 1982. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section one of chapter six hundred and nineteen of the laws of eighteen hundred and seventy-three, entitled “An act to incorporate the Staten Island and New Jersey Suspension Bridge and Railroad Company, for the purpose of maintaining and constructing suspension bridges, appurtenances and approaches to the same over the Kill-von-Kull at a point or points between the village of New Brighton, Richmond county, and at a point or points at or near Constable's point, in the state of New Jersey, and at a point or points over Arthur kill or Staten Island sound, between the town of Westfield, Richmond county, and Mildlesex county, in the state of New Jersey, and also for the purpose of constructing and maintaining a railroad over and across said bridges and to and through the center of Staten Island, Richmond county, to and from the points above named," is hereby amended by adding thereto the following:
8 1. Said company, their associates, successors and assigns are fur- Company ther authorized to construct, maintain and operate, if it be deemed magceania desirable, a railroad, ferry or ferries between the points on Staten maintain Island and the state of New Jersey, from and to which the said company ferry, etc. is authorized to construct bridges, or between points adjacent thereto, or such points as may be most convenient for the purpose of transporting railroad cars, together with their cargoes of freight or passengers, as well as for general ferry purposes between said points, and it is also empowered to erect and maintain such approaches, docks, slips, landings, freight and warehouses as may by the said corporation be deemed necessary for the use and convenience of said ferries and railroad, together with all the powers necessary for the enjoyment of the franchises hereby and in the said act of incorporation and the acts amendatory thereof granted.
$ 2. This act shall take effect immediately.