Power of trustees to retire police men. Amount of pension. Pension to widow of policeman. act takes effect the mayor shall call a meeting of the officers hereby designated to constitute such board of trustees for the purpose of carrying the provisions of this title into effect. The said board of trustees is hereby authorized to adopt rules and regulations for its government, and it shall hear and determine all applications for relief or pension under this title, and its decision shall be final and conclusive, and not subject to review or reversal except by said board of trustees. It shall cause to be kept a record of all its proceedings and meetings. § 3. Said board of trustees shall have the power and authority by a majority vote to retire or discharge from all service in the police department any policeman of said city who may be found, on examination by the city physician, duly certified under oath, disqualified physically or mentally for the performance of his duties as policeman of said city, by reason of disease or disability caused or induced by the actual performance of the duties of his position, without fault or misconduct on his part. Every policeman of said city, who may have become permanently incapacitated from performing full duty as a policeman, by reason of disease or disability caused or induced by injury or by long service and exposure while in the line of his duty as a policeman, without fault or misconduct on his part, may, on his own application, be retired from service by a majority vote of such board, provided the applicant has been examined by the city physician, and his sworn certificate filed showing that the applicant was permanently disqualified from performing the duties of a policeman. Every policeman of said city who shall have served on the police force for a period of twenty-five years shall, upon his own application, be retired from service by the board of trustees. After January first, nineteen hundred and twenty-eight, a pension of fifty dollars per month shall be granted and paid to each person so retired or discharged from the said policemen's relief and pension fund, or such less sum in proportion to the number of policemen so retired as the condition of the fund will warrant, but no policeman shall be entitled to any allowance as pension under the provisions of this charter during the time he shall be receiving full salary from the city. § 4. The widow of any deceased policeman, provided the death of such policeman occurs during his service as a policeman of said city, and is caused or induced by injury or by long service and exposure while in the line of his duty, without fault or misconduct on his part, or after he has retired on account of disability, or is discharged, as hereinbefore provided, shall, after January first, nineteen hundred and twenty-eight, be allowed and entitled to receive from said fund an allowance as a pension of twenty-five dollars per month or such less sum in proportion to the number of policemen retired or policemen's widows drawing pensions as the conditions of the fund will permit; but on her re-marriage such pension shall cease. directed; § 5. Said board of trustees shall pay the pension as allowed and Payment fixed by this title from said relief and pension fund and payment effect. according to its determination of the pension herein provided for shall be a full discharge of moneys so paid. whom. § 6. This chapter shall apply to all who are now or shall here- Act apafter become policemen of the city of Tonawanda and all such plicable to persons shall be eligible to the benefits secured by the creation of this fund, including the chief of police. § 7. All moneys ordered to be paid out of said pension and re- Payment, lief fund to any person or persons shall be paid by the city treas- how made. urer only, upon a warrant signed by the chairman of the board and countersigned by the secretary, and no warrant shall be drawn except by order of said board duly entered in the record of the proceedings of said board. Said board of trustees is hereby author- Deposit of ized to deposit said fund in any bank in the city of Tonawanda. fund. All interest, income or dividend which shall be paid or agreed to be paid on account of any such deposits shall belong to and constitute a part of said fund. Nothing herein contained shall, however, be construed as authorizing the treasurer to loan or deposit said fund or any part thereof unless so authorized by the board. § 8. The board of trustees shall make a report of the condition Annual reof said pension fund to the common council in the month of Jan- Poster. uary in each and every year. § 2. This act shall take effect immediately. CHAPTER 681 AN ACT making an appropriation for the Morse Dry Dock and Repair Company, to reimburse such company for license fees paid for motor vehicle license plates issued to the company but destroyed by fire before being used. Became a law May 24, 1923, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of five hundred and sixty-five dollars ($565) is hereby appropriated for the Morse Dry Dock and Repair Company, to reimburse such company for automobile license fees paid to the motor vehicle bureau of the state tax department for twenty-four license plates for the year nineteen hundred and twenty-two, issued to such company but destroyed by fire before being attached to the vehicles or used on the public highways. Such money shall be paid to such company by the treasurer on the warrant of the comptroller upon the certificate and approval of the state tax commission, which shall issue such certificate and approval upon being satisfied of the truth of the facts stated herein. § 2. This act shall take effect immediately. trustees. CHAPTER 682 AN ACT making an appropriation for the construction of a retaining wall for the protection of a highway improved by the state in the village of Belmont. Became a law May 24, 1923, 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 sum of seventy-five thousand dollars ($75,000) is hereby appropriated from any money in the state treasury, not otherwise appropriated, for the protection of a section of highway improved by the state in the village of Belmont. Such sum, or so much thereof as may be necessary, shall be expended by the state commissioner of highways in constructing necessary retaining walls and bank protection on the west side of state highway number fifty-four hundred and seventy-six between stations eight hundred and sixty and eight hundred and eighty in the village of Belmont, Allegany county, and for such additional work as may be necessary to confine the flow of the Genesee river so as to prevent the destruction of said highway. The money hereby appropriated shall be payable by the state treasurer on the warrant of the state comptroller upon the requisition or draft of the state commissioner of highways. § 2. This act shall take effect immediately. CHAPTER 683 AN ACT to appropriate the miscellaneous receipts for the purpose of furnishing proper terminals and facilities for barge canal traffic under chapter seven hundred and forty-six of the laws of nineteen hundred and eleven and acts amendatory thereof and supplemental thereto. Became a law May 22, 1923, 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 sum of eighty-eight thousand one hundred and fifty dollars and ninety-one cents ($88,150.91) being the miscellaneous receipts from December second, nineteen hundred and twenty-two, to April first, nineteen hundred and twenty-three, for the purpose of furnishing proper terminals and facilities for barge canal traffic under chapter seven hundred and forty-six of the laws. of nineteen hundred and eleven, and acts amendatory thereof and supplemental thereto, is hereby appropriated for the purpose of furnishing proper terminals and facilities for barge canal traffic. § 2. This act shall take effect immediately. CHAPTER 684 AN ACT to appropriate the miscellaneous receipts on account of the improvement of the Erie, Oswego and Champlain canals, under chapter one hundred and forty-seven of the laws of nineteen hundred and three and acts amendatory thereof and supplemental thereto, for the purpose of said improvement. Became a law May 24, 1923, 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 sum of two million one hundred thousand dollars ($2,100,000), being the miscellaneous receipts from July ten, nineteen hundred and twenty-two, on account of the improvement of the Erie, Oswego and Champlain canals under chapter one hundred and forty-seven of the laws of nineteen hundred and three and acts amendatory thereof and supplemental thereto, is hereby appropriated for the purpose of said improvement. No expenditure of such moneys shall be made without the approval of the governor, the chairman of the senate finance committee and the chairman of the ways and means committee of the assembly, except for the payment of claims adjusted and judgments rendered according to law in connection with such improvement. § 2. This act shall take effect immediately. CHAPTER 685 AN ACT to provide for the opening and maintenance of an inlet or inlets from the ocean into Shinnecock bay, in the town of Southampton, in the county of Suffolk, and making an appropriation therefor. Became a law May 24, 1923, 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 sum of fifteen thousand dollars ($15,000), or Approso much thereof as may be necessary, is hereby appropriated for priation. the opening of an inlet or inlets from the ocean into Shinnecock bay in the town of Southampton, county of Suffolk, dredging and improving the channels of approach thereto and the payment of necessary incidental expense. § 2. The moneys hereby appropriated shall be paid over to Payment of the supervisor of such town by the treasurer upon the warrant moneys. of the comptroller, upon the requisition of the superintendent of public works, to be disbursed by the supervisor in accordance with resolutions of the board of trustees of the freeholders and commonalty of the town, and shall be used by them only for the purposes of this act and shall be accounted for in the same manner as other public moneys. Town authorized to raise deficiency. § 3. If the cost and expenses incurred in connection with the opening and maintenance of said inlet or inlets and dredging moneys for the approaches thereto shall exceed the amount hereby appropriated, the electors of the town of Southampton may at any regular or special town election vote upon a proposition to raise by tax upon the taxable property in the town such sum as may be required to complete or maintain said inlet or inlets, provided that the amount so to be raised by taxation shall not in any one year exceed the sum of five thousand dollars. L. 1907, ch. 403, § 9 repealed. Salt water mission created. § 4. Section nine of chapter four hundred and three of the laws of nineteen hundred and seven is hereby repealed. 5. This act shall take effect immediately. CHAPTER 686 AN ACT in relation to the preservation and maintenance of the flow of salt water in the Long Island bays, known as Shinnecock bay, Quantuck bay and Moriches bay, creating a supervisory commission, and making appro ations for expenses in connection therewith. Became a law May 24, 1923, 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. A commission, to be known as the salt water bays bays com- commission, is hereby created for the purposes herein specified, to consist of the state engineer and surveyor, the superintendent of public works, and three other members who shall be appointed by the governor to serve during the pleasure of the governor. The members of such commission shall receive no compensation for their services under this act, but shall be reimbursed for their necessary expenses incurred in connection therewith. The state engineer and surveyor shall be chairman of the commission. § 2. The powers and duties of the salt water bays commission shall be as follows: Powers and duties. Report. Appro priation. 1. The commission shall at once make or cause to be made a survey of the waters in the bays, canals and channels embraced in or joining the inland bays known as Shinnecock bay, Quantuck bay and Moriches bay, or connecting such bays with each other or with Peconic bay or Great South bay. The said survey shall include an investigation of the filling in and gradual closing of navigable channels previously dredged through the use of state moneys or otherwise and the effects upon navigation and public health of the decreasing amount of salt water in these bays. 2. Upon the completion of this survey the commission shall report its findings to the legislature together with its recommendations. § 3. The sum of twenty-five thousand dollars ($25,000), or so much thereof as may be needed for the expenses of the commission and the necessary cost of the commission's survey, is hereby appro |