Commissioners of appraisal to be ap pointed, in case of failure to agree with land owners. Exemption tain provi, from cer sions of general. *.ailroad act. Repeal. necessary to apply to the supreme court for the appointment of commissioners of appraisal of said lands, it shall be necessary only to allege, in the petitions therefor, the formation of the company under this act, and the acts of the Legislature hereinbefore mentioned, the survey of the route and the location of the road upon such survey, and the filing of such survey in the clerk's office of Oneida county, but the land proposed to be taken shall be described in said petitions. Sections numbered twenty-seven, thirty-two, thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, fortyfour, forty-five and forty-six of the act of the legislature entitled "An act to authorize the formation of railroad companies, and to regulate the same," passed April second, eighteen hundred and fifty, and the acts amending the same, shall not apply to the company by this act authorized to be formed. §8. All parts of the act passed May twenty-third, eighteen hundred and sixty-seven, by the name and style of "The Forestport, Grant's Mills and Black River Railroad," that conflicts with any section of this act are hereby repealed. 9. This act shall take effect immediately. Chap. 533. AN ACT to amend an act entitled "An act to amend and reduce to one act, the several acts relating to buildings, and the keeping and storage of combustible materials in the city of New York," passed May fourth, eighteen hundred and sixty-six. Passed May 2, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1, Section twenty-three of the act entitled "An act to amend and reduce to one act, the several acts relating to buildings, and the keeping and storage of combustible materials in the city of New York," is hereby amended so as to read as follows: and sheath roofs. to be used. for roofing 23. The planking and sheathing of the roof of every Planking building erected or built, as aforesaid, shall, in no case ing of be extended across the front, rear, side, end or partywall thereof, and every such building and tops and sides, and every dormer window thereon, shall be cov- Materials ered and roofed with slate, plastic slate, tin, zinc, copper or iron, or such other equally fire-proof roofing as the superintendent of buildings, under his certificate, may authorize, together with a majority of the insurance companies of the city of New York, which are incorporated under the laws of this State, and which a majority of said insurance companies will also insure at the same rate of premiums as other articles in this section mentioned; and no wooden buildings hereafter erected or Materials built, or already erected in any part of the said city, wooden more than two stories, or above thirty feet in height buildings. above the curb level, to the highest part thereof, which shall require roofing, shall be roofed with any other roofing or covering, except as aforesaid. Nothing in Repairs of this section shall be construed to prohibit the repairing roofs. of any shingle roof, provided the building is not altered in height. All buildings in the city of New York, Scuttle whether already erected or hereafter to be built, shall and stairs have scuttle frames and doors, or bulkheads leading to leading to the roof, made up or covered with some fire-proof mate- roofs. rial, and shall have stairways or stationary iron ladders leading to the same, and all such scuttles or stairway, or ladders leading to the roof, shall be kept so as to be ready for use at all times, and all scuttles shall not be less in size than two by three feet. Chap. 534. AN ACT to regulate the use of certain docks in the city of Albany. Passed May 2, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: shingle frames or ladders SECTION 1. Whenever the owners of any docks in the Leases of city of Albany, located between the south side of Divi- docks sion street and the south side of Madison avenue, shall boat lines. to steam Harbor master to remove arrival of steamboats Penalties for viola lease or let the same to the owners of any regular line of steamboats or propellers, engaged in the transportation of freight or passengers between the city of Albany and any place on the Hudson river, the docks so leased or let shall be kept and reserved for the exclusive use and occupancy of the steamboats of said lessees, to the extent necessary for the conducting and doing the business in which they are engaged. any § 2. It shall be the duty of the harbor master of said city of Albany, in case any boat or vessel not entitled boats pried to, under the provisions of this act, shall lie alongside of said docks, to cause such boat or vessel to be removed two hours previous to the expected arrival of any steamboats belonging to said lessors; and he shall tion of this possess the same powers, and the owners thereof shall be liable to the same penalties as are prescribed by and vested in the harbor masters of the city of New York, by the act passed April fifth, eighteen hundred and fiftyeight, entitled "An act to regulate the use of wharves and slips in the city of New York, which shall be leased to certain steamboat lines." act. Certain fines to be paid to treasurer Chap. 535. AN ACT to amend the Metropolitan Police Law, concerning the Police Life Insurance Fund Passed May 2, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section sixty-six of chapter four hundred and three, of the laws of eighteen hundred and sixtyfour, is hereby amended so as to read as follows: § 66. All fines imposed by the board of police upon members of the Metropolitan police force, by way of discipline, and collectable from pay or salary, and all of Metro- rewards, fees, proceeds of gifts and emoluments that may be paid and given for account of extraordinary services of any member of the Metropolitan police force (except when allowed to be retained by said member), and all moneys remaining for the space of one year in the hands of the property clerk, or arising from the sale of un politan police. Also, re wards, fees paid to members gifts, &c, of police force. 1 remaining with prop paid to treasurer claimed goods, and all proceeds of suits for penalties, Money under the act hereby amended, shall be deposited and more than paid into the bank wherein the treasurer of the board one year of Metropolitan police shall keep an account. The pay- erty clerk. ments so made shall constitute, and be deposited and Money kept as a fund to be called the "Police Life Insurance Fund," and the commissioners of Metropolitan police are hereby declared to be the trustees of the said fund; and they shall have power, and it shall be their duty, from time to time, to invest the same, in whole or in commispart, as they shall deem most advantageous for the objects of said fund, and they are empowered to make all necessary contracts, and take all necessary remedies in the premises. § 2. Section sixty-seven of chapter four hundred and three of the laws of eighteen hundred and sixty-four, is hereby amended so as to read as follows: tute a po lice life insurance fund. Police sioners to be trustees of fund. To invest such moneys. to be pension fund. § 67. Any member of the Metropolitan police force Disabled who shall, whilst in the actual performance of duty, and and anuated by reason of such performance of duty, and with- policemen, out fault or misconduct on his part, become perma- placed on nently disabled, physically or mentally, so as to be roll of said! unfitted to perform police duty; and any such member who shall, after ten years of membership, become superannuated by age, or rendered incapable of performing police duty, by disease contracted without misconduct on his part, may be placed on the pension roll of the police life insurance fund, and granted and paid a pension of not exceeding three hundred dollars per year, from the said fund. If any member of the Metropolitan Pensions police force, whilst in the actual discharge of police duty, shall be killed, or shall die from the effect of any injury received by him whilst in the actual discharge of said in certain" duty, or shall die after ten continuous years of service in the force (such death not being caused by misconduct on his part), leaving a widow, the name of such widow may be placed on said pension roll, and a like pension granted and paid to her from said fund, so long as she remains unmarried. If such member, dying as aforesaid, shall leave any minor child or children, but no widow (or if a widow, then after her death), the name or names of such child or children under to widows ren of policemen, cases. Payment of pensions by draft. the age of eighteen years, may be placed on said pension roll, and a pension from said fund granted and paid to such child or children; if more than one, to be divided equally between them; such pension or share of pension to cease on the said child or the children respectively arriving at the age of eighteen years, or whenever earlier discontinued by order of the board. In every case, the board of Metropolitan police shall to be made determine the circumstances thereof, and order payment of the pension to be made by draft, signed as said board shall direct; but nothing herein contained shall render any payment of said pension obligatory upon said board or the said trustees, or chargeable as a matter of legal Pension right upon the said police life insurance fund. The by order of board of Metropolitan police, in its discretion, may at missioners. any time order such pension or any part thereof to cease. Pensions existing at the date of this act, may be modified and increased in pursuance of the provisions of this section; the increase to take effect from the first day of January, eighteen hundred and sixty-seven, or any later date, at the discretion of the board of Metropolitan police. may cease, police com Existing pensions, may be modified and increased. Commissioners to bridge. § 3. This act shall take effect immediately. Chap. 536. AN ACT to provide for building a bridge across the Tonawanda creek, on the Tonawanda Indian Reservation, and making an appropriation for the same. Passed May 2, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Elisha S. Whalon, Leroy Newman and construct Joseph W. Holmes are hereby appointed commissioners to locate and construct a bridge across the Tonawanda creek, on the Tonawanda Indian Reservation, in the Survey town of Alabama, Genesee county. The said commisbridge, and sioners, or a majority of them, shall cause a careful surestimate of vey and plan of said bridge, with an estimate of the and plan of |