final and conclusive as to the matters in said certificate set forth for a period of one year thereafter. Such certificate shall be accepted in lieu of a certificate of a surgeon of the department, and in so far as it certifies to the existence of an injury or disability of a permanent character, it shall be final and conclusive. The fee of such physicians and surgeons shall be paid by the person examined.

(d) Any member of said fund, upon his own application, after twenty-five years of actual service in said department or a combined service of twenty-five years in the police and fire departments, shall be retired from further service. Any leave of absence without pay from either department shall not be counted as a part of the twenty-five years' service.

(2) Amount of pensions. (a) Members. Each member retired for physical or mental disability, except those who are retired under the provisions of heading (c) of subdivision one above, and each member who is retired after twenty-five years of service, shall receive a pension equal to one-half of his salary or compensation received at the time of his retirement. Members retired under the provisions of heading (c) of subdivision one above, shall receive such pension as may be fixed by the trustees of the fund in their discretion, not exceeding one-half of the salary or compensation received by the member at the time of his retirement, due consideration, among other things, being given to the length and character of service rendered by such member of the department.

In addition to the provisions of subdivision three of this section, the pension of any member of said fund, who is retired after this local law takes effect, and who thereafter is engaged in any business, occupation or employment from which profit, remuneration, income or salary is derived, shall be subject to the reduction stated below. The pension payable to a member so retired, while engaged in business, occupation or employment, shall be such sum as when added to the profit, remuneration or salary received, will not exceed the salary paid to such member by the city of Buffalo at the time of retirement, provided always that no pension payable hereunder shall exceed in any case one-half the salary received at the time of retirement.

Each member hereafter retired on a pension shall submit to the council from time to time information in relation to the business, occupation or employment in which said member is engaged. Such information shall be submitted in the form, at the times and concerning the matters required by the council. Pension payments may be suspended during the time a member omits or refuses to furnish such information required by the council. If for any reason an overpayment is made to any such pensioner for any year, such overpayment may be deducted from the amount of his pension in any subsequent year.

(b) Widows. Subject to the provisions of headings (c) and (e) of this subdivision, the widow of a member who is killed in the discharge of his duty shall receive a pension for one year equal to the yearly salary or compensation of the member, and thereafter

at the rate of fifty dollars ($50) per month; the widow or a member who, within one year after being injured in the discharge of his duty, dies from the effects of said injury, shall receive a pension at the rate above stated except that for the first year following the injury the amount of salary paid to the member, if any, plus the pension paid to the widow, shall equal the full salary of such member for one year, and thereafter the pension shall be at the rate of fifty dollars ($50) per month; and the widow of each member who is retired from service for physical or mental disability as above provided shall receive a pension of twenty-five dollars ($25) per month.

(c) Children. Each child, so long as he or she is under the age of eighteen years, shall receive a pension of ten dollars ($10) per month if the father, being a member, is killed in the discharge of his duty, dies within one year after being injured from the effects of an injury received in the line of duty, or dies after having been retired for physical or mental disability acquired without fault or misconduct on his part while in the discharge of his duties in the department.

If there is no widow entitled to a pension, the children while under eighteen years of age, in addition to the ten dollars ($10) per month provision, shall be entitled to the same pension to which the widow, in like case, would have been entitled, but the combined amount of the widow's and children's pension shall in no case exceed one-half the salary or compensation received by the member at the time of his death, injury or retirement. The police matrons and janitresses shall be granted the privilege of this fund so far as it relates to their children.

(d) Dependent parent or parents. If there is no widow nor any child entitled to pension rights, as provided under headings (b) and (c) of this subdivision, the parent or parents dependent upon the member at the time of such death, injury or retirement, as the case may be, shall receive a pension of twenty-five dollars ($25) per month, but for such time only as such pension shall be necessary for the support of the parent or parents.

(e) No pensions in certain cases. No woman, except the widow of a member killed in the discharge of his duty, shall receive a widow's pension unless she was the lawful wife of the member at the time of his retirement, or, in the case of a member injured in the line of duty and resulting in death within one year after such injury, was the lawful wife of such member at the time of such injury.

No woman shall receive a widow's pension after her remarriage. No widow, child, or dependent parent of a member who is retired under the provisions of heading (c) of subdivision one above, or of a member who retires from service solely by reason of twenty-five years of service, shall receive any pension under any circumstances. (3) Nothing herein contained shall affect the claim of any annuitant to whom any annuity has heretofore been allowed from the police life insurance fund or the police pension fund, but such annuity shall be paid by the treasurer out of the police pension

fund, so long as the council shall so direct, and upon the basis in effect at the time said annuity was granted. Nothing herein contained shall be construed to deprive any person of any accrued right to benefits in said fund, existing immediately prior to the date on which this local law takes effect, and any such accrued right shall be allowed in accordance with the provisions of law then in force. In computing the time of service of any member of the police force for the purpose of this section, the term of service of such member on any regular police or fire department force of the city or upon the park police force of the city, as formerly constituted, shall be taken the same as service on the police force of the city, and it shall not be deemed necessary for the purposes of this section that such service shall have been continuous. In computing the time of service of all members of the police force for the purpose of this section, the term of service which they shall have served as employees of the police department previously to being made members of the police force, shall be computed and allowed the same as service rendered on the police force of the city. All officers and employees who are retired under the provisions of this local law and who are drawing pay from the said pension fund may, when able to act, perform duty in case of emergency and may be accepted to perform temporary duty by the superintendent of the department of public safety when satisfied that they are able to serve. While so serving on temporary duty, they shall be entitled to receive compensation to be fixed by the council, in addition to their pension which shall not be affected in any manner by such temporary service. Except as hercinbefore in this subdivision provided, no person drawing a pension pursuant to the provisions of this local law shall receive other or further compensation for any services rendered as an officer or employee of the state of New York or of any municipal corporation therein. Provided, however, that any such person may accept a position as officer or employee of said state of New York or any municipal corporation therein, but shall not be entitled to receive any part of the pension money provided by this local law during the time. such person is holding such state or municipal office or employment. All pensions provided for herein shall be annual and payable in equal monthly installments. Officers and employees heretofore retired, or who may be retired hereafter, under the provisions of law governing the police pension fund, shall not be restored to active duty, except as hereinbefore provided.

§ 2. Section two hundred sixty-four of chapter two hundred seventeen of the laws of nineteen hundred fourteen, as amended, known as the charter of the city of Buffalo, is hereby superseded in so far as the same is inconsistent with the provisions of this local law.

§ 3. This local law shall be known as "section 264 - local.” 4. This local law shall take effect immediately.

LOCAL LAW No. 9

A local law amending section one of local law number one, nineteen hundred and twenty-five; a local law concerning contracts for doing work or making improvements, the expense of which shall be estimated to exceed one thousand dollars.

Became a law December 9, 1925, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. No contract, the expense of which shall exceed the sum of one thousand dollars, shall be made by the council, or any of the city departments, or any officer thereof, unless there shall have been published a notice in the official paper and two other daily papers in the city at least twice week for two weeks, inviting sealed proposals for the same, according to plans and specifications to be filed in the office of the department or officer having charge of the work; and the contract shall be let to the lowest responsible bidder, who shall furnish security for its performance satisfactory to the council, department or officer. There shall be no unnecessary division of any contract designed to evade the foregoing requirements as to advertising. No contract for the doing of any work or the making of any improvements for a price exceeding one thousand dollars, the expense of which is to be repaid to the city by means of local assessment, shall be entered into until the assessment therefor has been confirmed, except as otherwise provided in section one hundred and forty-three of the charter of the city of Buffalo, and except that the city may enter into contracts for doing of work necessary to put, keep and maintain the Buffalo river and all navigable waterways within the said city in good condition for all authorized purposes and may undertake and perform all such work before the assessment therefor has been confirmed. No work or improvement specified in the charter of the city of Buffalo, except the grading or regrading, graveling or regraveling, macadamizing or remacadamizing or paving or repaving of any street or alley, the expense of which shall be estimated to exceed one thousand dollars, shall be ordered unless by a vote of four-fifths of the members of the council after publication in six successive numbers of the official paper of the city of notice of intention to order such work or improvement. The provisions of the charter, local laws, or ordinances of the city of Buffalo, or of law requiring advertisement for bids or proposals, or the awarding of contracts for work to be done or supplies to be furnished for any of said departments shall not be applicable to public work which may be done or to the supplies which may be furnished under the provisions of the prison law.

§ 2. This local law shall be known as "section 50 local."

3. This local law shall take effect sixty days after its adoption.

I

CITY OF CORNING

LOCAL LAW No. 1*

A local law to amend section seventy-seven of the charter of the city of Corning, which provides for appointment of police officers.

Became a law June 9, 1925, with the approval of the Mayor. Passed by the local legislative body of the city of Corning.

Be it enacted by the common council of the city of Corning as follows:

Section 1. Section seventy-seven of chapter one hundred and forty-two of the laws of nineteen hundred and five, entitled, "An act to revise the charter of the city of Corning, as amended by chapter one hundred and ninety-four of the laws of nineteen hundred and six, as amended by chapter three hundred and thirtysix of the laws of nineteen hundred and seventeen, is hereby amended to read as follows:

§ 77. For the purpose of providing a permanent and effective police force, it shall be the duty of said board of police commissioners to select from the citizens of the United States and residents of the state of New York, and unanimously appoint by warrant of appointment, bearing the signatures of all four of said commissioners, and to be immediately filed with the city clerk, so many permanent policemen as they may deem necessary not to exceed one for each ten hundred inhabitants of said city, as shown by the last preceding state or national enumeration of inhabitants of said city, on the said police force, except as hereinafter otherwise specified, and as vacancies occur to fill the same in the manner.† And said board shall, in like manner, also appoint one city chief of police through whom said board may promulgate rules, regulations and orders to the whole force, and who shall have the immediate direction and control of said force subject, however, at all times to the rules, regulations and orders of said board and to the orders of any member thereof, provided the orders of such single commissioner do not conflict with the rules, regulations and orders of said board then in effect; and such chief of police and such policemen appointed in the manner aforesaid, may hold their respective offices during good behavior, or until the board by unanimous vote shall decide such chief of police or any of such policemen to be incompetent or inefficient and cause his removal by duly appointing in his place some other person in the manner above provided; but in case of misconduct on the part of such chief of police or any of said policemen, then he may be removed by a decision of a majority of said board as hereinafter provided, and in case said board, by reasont should at any time fail to appoint in the manner above specified, such chief of police