long as said teachers reside in such town, upon the conditions, at the times and in the manner hereinafter provided.

§2 In the event of such petition being so made and presented to the supervisor of any town, and notice being given as provided in section of this act, the town board shall furnish the necessary ballots in number and forms for the use of the voters of such town at the next ensuing annual town meeting, and shall provide separate ballot boxes for the reception of ballots cast thereat on the question submitted. One half of the number of said ballots shall have printed thereon, respectively, "for teachers' pension fund;" and the other half shall have printed thereon, respectively, "against teachers' pension fund," and such votes as may be cast shall be counted and returned by the officers presiding at said town meeting the same as other votes are counted and returned. If a majority of the votes so cast be found to be in favor of raising a sum of money sufficient to provide for such fund, and not otherwise, the town board of such town shall immediately thereafter proceed to ascertain what teachers of such class are entitled to the benefits conferred by this act and to receive their proportionate share of the money so voted to be paid, and said board shall require of every person applying therefor, who has taught in the common schools of such town for the period of 25 years or more, to make concise statement of the term of service, the districts in which he or she has taught and the wages, monthly or weekly, received during the last year in which said teacher taught, which statement shall be acknowledged before any officer qualified to take acknowledgments, and filed in the office of the clerk of such town. Thereupon, and at the next annual meeting of the board of supervisors of the county, and at every annual meeting thereafter, the said board shall include in the tax levy of the town so voting as herein before provided in favor of a teachers' pension fund, the amount necessary in each year as estimated and reported by the town board of such town, which sum, when collected, shall be paid over by the collector of such town, to the supervisor thereof, who shall pay out the said money to the teachers found to be entitled thereto in amount to each such teacher, in monthly payments equal to one half the sum received as teachers' monthly or weekly wages by each such teacher during the last year such teacher was employed to teach in the common schools of such town. And such teachers sharing in the money so appropriated and paid shall be allowed such amount in instalments herein provided as long as they continue to reside in such town, but no longer, and they shall, in re

ceiving the benefits conferred by this act be deemed to be retired from teaching and placed upon a roll kept by the town clerk of the town as superannuated and retired teachers.

§3 When a vote has been had on the proposition provided to be so submitted by this act in any town, and such vote shall have been against the teachers' pension fund, another vote on the same question shall not be taken again within three years of the first vote so taken; [subject, however, if not physically disabled, to perform such service in the place of any teacher temporarily absent or disqualified, as the school commissioner may require and direct without additional compensation]'.

84 This act shall take effect immediately.

CHAPTER 608, LAWS OF 1905

'An act to establish a retirement fund for pensioning retired school teachers in the city of Rochester, and to regulate the collection and management thereof

Accepted by the city

Became a law May 25, 1905, 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:

§1 Subdiv. I The board of education, the superintendent of schools, one principal, and one teacher of the public schools shall constitute a board of trustees who shall have the general care and management of the public school teachers' retirement fund created by this act. In September, 1905, and in the same month every second year thereafter, a meeting of all the teachers and principals of the public schools of Rochester shall be called by the superintendent, at which time and place one principal and one teacher, then in active, service, shall be chosen by the assembled teachers and principals to serve for a term of two years upon the board of trustees herein before mentioned. The said board of trustees is empowered to make payment from said fund, of the annuities granted in pur

1 This bracketed clause should come at the close of section 2. department was not discovered till the law was signed.

The mistake of the engrossing

his chapter is 1 rir ted in this work for the purpose of supplying one of the most recent T this subject. Inforation relative to the laws on this subject for other cities may be by communicating with the superintendent of schools for the several cities of the

suance of this act; to take all necessary and proper action in the premises; and to make such rules and regulations for the administration and investment of said fund as it may deem best, except that neither the whole nor any part of said fund shall be invested in any manner otherwise than as the savings banks of the state are by law permitted to invest their funds.

Subdiv. 2 The public school teachers' retirement fund created by this act shall consist of the following moneys with interest or income therefrom, to wit:

a All donations, legacies and gifts which shall be made to said fund.

b 2% per annum of the respective salaries paid to the superintendent of schools, supervisors, principals and teachers regularly employed in the public schools of Rochester, except that no such deduction shall be made from the salary of a superintendent or a supervisor unless within one month from the date this act shall take effect or from the time of his or her appointment, notice in writing shall be given the board of trustees of his or her desire to come within the provisions of this act.

c An amount to be paid each year from the funds appropriated by the city of Rochester for the board of education for the maintenance of the department of education, equal to one half the total sum deducted from the salaries of the superintendent, supervisors, principals and teachers for that year.

d All moneys which may be obtained from other sources or by other means duly and legally devised for the increase of said fund by the board of trustees or with their consent.

Subdiv. 3 The board of education in making the pay rolls for the superintendent, supervisors, principals and teachers herein before. mentioned, shall semiannually deduct from the salary of each of said persons a sum equal to 1% of his or her annual salary, except that no such deduction shall be made from the salary of a superintendent or a supervisor who does not come under the provisions of this act as herein before mentioned, and shall certify the amount of such deductions and the names of the persons from whose salaries such deductions have been made; and such certificate shall accompany the pay roll and a warrant for the amount of the deductions so certified shall be drawn payable to the city comptroller, and shall be deposited by him with the city treasurer, who shall retain the same subject to the disposal of said board of trustees as herein before provided. At the same time a warrant shall be drawn payable to the city comptroller for a sum equal to one half

of the amount of the deductions made from the salaries of the said superintendent, supervisors, principals and teachers, made chargeable to the funds appropriated by the city of Rochester for the board of education for the maintenance of the department of education, which sum the said comptroller shall also deposit with the city treasurer, who shall retain the same subject to the disposal of said board of trustees as hereinafter provided.

Subdiv. 4 The city comptroller shall be the custodian of said fund, and the city treasurer shall be the treasurer thereof; and all orders made payable from this fund shall be made upon the vote of the said board of trustees, said orders to be signed by its president and countersigned by the city comptroller and the city treas

urer.

Subdiv. 5 a The board of education shall have power, on recommendation of the superintendent of schools, to retire from service. or refuse to reappoint to service, any supervisor, principal, or teacher who shall have served in such capacity or capacities for an aggregate period of 20 years, if a female, and 25 years, if a male; and any person so retired or refused reappointment, shall become an annuitant under this act, provided that not less than 15 years of such service shall have been rendered in the public schools of Rochester, and in case of any superintendent or supervisor, provided also that he or she shall have come under the provisions of this act in the manner herein before mentioned.

b Any superintendent, supervisor, principal or teacher who shall have served in such capacity or capacities for a period of 30 years, if a female, or 35 years, if a male, may with the consent of the board of education, retire from service and become an annuitant under this act, provided that not less than 15 years of such service, shall have been performed in the public schools of the city of Rochester, and in case of any superintendent or supervisor, provided also that he or she shall have come under the provisions of this act in the manner herein before mentioned.

Subdiv. 6 Annuities paid in pursuance of this act shall be one half the amount of the annual salary of the annuitant at the time of retirement from service, except that no annuity shall exceed $800 annually; but if the moneys at the disposal of the trustees of said fund be found at any time inadequate to fully carry out the provisions herein above mentioned, the trustees shall then pay to the persons entitled to participate in said fund as near a pro rata. amount as in their judgment the circumstances will warrant.

Subdiv. 7 No person shall become an annuitant who has not contributed to the teachers' retirement fund in pursuance of subdivision 3 of this act, an amount equal to at least 40% of his or her annual salary at the time of retirement; but any such person otherwise qualified may become an annuitant by making a cash payment to the retirement fund before receiving any annuity, of such an amount as his or her contributions under said subdivision 3 may have fallen short of the required 40%.

Subdiv. 8 No annuity shall be paid from the teachers' retirement fund before July 1, 1907, but any person duly qualified who shall retire or be retired from service before that time, and after this act shall take effect, shall not be deemed to have forfeited the right to become an annuitant under the provision of this act.

Subdiv. 9 If at any time a superintendent, supervisor, principal, or teacher, who shall be willing to continue service in the public schools of Rochester, shall not be reemployed, or shall be discharged before the time when he or she would under the provisions of this act be entitled to an annuity, then such person shall be paid back, without interest, all the money which may have been deducted from his or her salary in pursuance of this act.

Subdiv.10 The board of education shall include in its annual report a full account of the condition of the teachers' retirement fund, its amount, the manner of its investment, and all receipts and disbursements on account of said fund during the year.

§2 This act shall take effect Sep. 1, 1905.

Saloon not to be maintained near schoolhouse etc.

CHAPTER 29 OF THE GENERAL LAWS

Liquor tax law

$24 Place in which traffic in liquor shall not be permitted. Traffic in liquors shall not be permitted:

2 Under the provisions of subdivision 1 of section 11 of this act, in any building, yard, booth or other place which shall be on the same street or avenue or within 200 feet of a building occupied exclusively as a church or schoolhouse; the measurements to be taken in a straight line from the center of the nearest entrance of the building used for such church or school to the center of the nearest entrance of the place in which such liquor traffic is desired