To be by age, permanently insane or mentally incapacitated, or disabled penyamenta 7, so as to be mined a stable to perfe poise duty by reason of each disability or mase, metrained withnos in levonduct of his part, a sum post lew than than two bumired and dolara por exceeding five hundred dollars per ALLDE $4. Any member of the polite forme wis has or shall have, performed duty therein for a period of twenty years ce upward, and an member of the police fome 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 menta, so as to be unfitted to perform full police duty, upon his own application, in writing, or upon a certificate of the police wurgeon, showing that such member is permanently disabled, physic ally or mentally, so as to be unfit for daty, shall, by resolution, unanimously adopted by a full board, be retired and dismissed from said fores and service, and placed on the roll of the police pension fund, and awarded and granted to be paid from said pension fund, an anof pesos nual pension during his lifetime of a sum of not less than one-half the full salary or compensation of such member so retired; provided, bowever, that no pension granted under the provisions of this section stall exceed the sum of five hundred dollars per annum. Pensions granted under this section shall be for the natural life of the pensioner, and Pensions shall not be revoked repealed or diminished. Pensions may, in the discretion of the said board of police, be continued and paid to the widows and children, or if no widow, to the child or children whilst board as under the age of eighteen years, of any member or members of the police force to whom pensions shall have been granted, under the provisions of this section, or under subdivision three of section three 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 diminished, modified or revoked. of widowa or clic dren, powers of Pensions to widows or chil when to ated. board to terminate certain § 5. Pensions to widows shall terminate when the widow shall remarry and pensions to children shall terminate whenever the children dren, shall, respectively, arrive at the age of eighteen years. The police be termin. commissioners may, in their discretion, order any pension granted, or any part thereof, to cease, except in the case of members of the police force retired after twenty years' service, as provided in the last precedPower of ing section, but in all such cases said board shall file with the trustees of the police pension fund a written statement of the causes which determined them in ordering any pension to so cease, and nothing herein contained shall render the granting or payment of such pension obligatory on the police commissioners, or upon the trustees of the police pension fund, or chargeable as a matter of right upon said police pension fund, except as provided in the last preceding section. § 6. No member of the police force shall be awarded, granted or paid a pension on account of physical or mental disability or disease, unless todis upon the certificate of the surgeon of the police department, which and how shall set forth the cause, nature and extent of the disability, disease or incurred. injury of each member of the police force who may be placed upon the pensions. Certif. cate of Burgeon, ability, pension roll; and said certificate shall distinctly state whether or not such disability, disease or injury was incurred or sustained by said member of the police force in the performance of police duty, and such certificate shall in each case be filed with and entered upon the minutes of the police commissioners. ments, § 7. Should the moneys at the disposal of the trustees of the police Pro rata pension fund be found at any time inadequate to fully carry out the pat provisions of this act, the trustees shall pay to the dependents on such when to fund as near a pro rata amount as in their judgment the circumstances may warrant. be made. swearing how pan § 8. Every person who knowingly or willfully in any wise procures False the making or presentation of any false or fraudulent affidavit or in pension affirmation concerning any claim for pension or payment thereof, shall claim, in every such case forfeit a sum not exceeding two hundred and fifty ished. dollars, to be sued for and recovered by and in the name of the said Recovery, board of trustees, and when recovered paid over to and thereupon how paid. become a part of the said police pension fund. of board, etc. § 9. For the purposes of this act, the persons constituting the board Members of trustees of the police pension fund are hereby authorized to administer oaths and take acknowledgments; and any person who shall affidavits, willfully swear falsely in any oath or affirmation in obtaining or procur- False ing any pension or payment thereof, under the provisions of this act, swearing shall be guilty of perjury. deemed perjury. pensions, § 10. The moneys, securities and effects of the police pension fund, Moneys of and all pensions granted and payable from said fund, shall be and are fund, and exempt from execution and from all process and proceedings to enjoin exempt and recover the same by or on behalf of any creditor or person having cution. or asserting any claim against, or debt or liability of, any pensioner of said fund. § 11. This act shall take effect immediately. Chap. 615. AN ACT to release the interest of the people of the State of New York, in and to the lands of which William Withers died seized, to Sophia Withers, his widow. PASSED June 18, 1887; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: from exe to lands in moreland released. SECTION 1. All the estate, right, title, and interest of the people of State title the State of New York acquired by escheat in and to the certain piece Westor parcel of land of which William Withers died seized, situated lying and being in the town of Westmoreland, county of Oneida, State of New York, as follows: All that certain piece of land situated in the town of Westmoreland, Oneida county, State of New York, beginning in the road at the south-west corner of a lot of land deeded by Simon Russel to John Ackley; thence along the line of said lot, south seventyfour degrees, east nine chains, twenty-five links to the corner of William Davis' land; thence along said Davis line south twenty-two degrees, west three chains, twenty-eight links; thence north fourteen degrees, west nine chains, thirty links into the road; thence along the road to the place of beginning, containing three acres of land. The deed of the above is recorded in the clerk's office of the county of Oneida, in book number two hundred and twenty-eight of deeds, on page five, are hereby released to Sophia Withers, widow of said William Withers, and to her heirs and assigns forever. Proviso. § 2. Nothing herein contained shall be so construed as to impair release or discharge any rights claims or interest of any heir-at-law, devisee or grantee, purchaser or creditor by judgment, mortgage or otherwise in and to said premises or any part or parcel thereof. § 3. This act shall take effect immediately. Heating of passen. ger rail. by stoves, to steam Chap. 616. AN ACT to regulate the heating of steam passenger cars and to provide for the placing of guards and guard posts on railroad bridges and trestles and the approaches thereto. PASSED June 18, 1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall not be lawful for any steam railroad doing business in this State, after the first day of May, eighteen hundred and way cars eighty-eight, to heat its passenger cars, on other than mixed trains, by etc., pro- any stove or furnace kept inside of the car or suspended therefrom, except hibited. it may be lawful, in case of accident or other emergency, to temporarily Proviso as use such stove or furnace with necessary fuel. Provided, that in cars or or which have been equipped with apparatus to heat by steam, hot water heating. or hot air from the locomotive, or from a special car, the present stove Excep may be retained, to be used only when the car is standing still. And provided also that this act shall not apply to railroads less than fifty roads and miles in length nor to the use of stoves, of a pattern and kind to be approved by the Railroad Commissioners for cooking purposes in dining-room cars. tion as to short dining cars. Guard posts for bridge trusses. Penalty for viola. tion of act. Safe. guards or how ap §2. After November first, eighteen hundred and eighty-seven, guard-posts shall be placed in the prolongation of the line of bridge trusses so that in case of derailment the posts and not the bridge trusses shall receive the blow of the derailed locomotive or car. § 3. Any person or corporation violating any of the provisions of this act shall be liable to a penalty of one thousand dollars, and to the further penalty of one hundred dollars for each and every day during which such a violation shall continue. § 4. Upon the application of any railroad covered by the provisions devices of this act, the Board of Railroad Commissioners may approve of any under act, proposed safeguard or device to be used under the provisions of this proved act, and thereafter the railroad using such safeguard or device so approved shall not be liable to any of the penalties prescribed by this act for a violation thereof in regard to any such safeguard or device. Viola tions a misde meanor. § 5. The violation of any of the provisions of this act will be deemed a misdemeanor. § 6. This act shall take effect immediately. Chap. 617. AN ACT to amend chapter five hundred and thirty-four of the laws of eighteen hundred and seventy-nine, entitled "An act for the preservation of moose, wild deer, birds, fish and other game," as amended by chapter four hundred and thirty-seven of the laws of eighteen hundred and eighty-six. PASSED June 21, 1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter five hundred and thirty-four of the laws of eighteen hundred and seventy-nine, entitled "An act for the preservation of moose, wild deer, birds, fish and other game," as amended by chapter four hundred and thirty-seven of the laws of eighteen hundred and eighty-six, is hereby amended so as to read as follows: thorized or selling. author. od as to salmon, length to ter. § 19. No person shall catch or attempt to catch, or kill or expose for Trout, ausale, or have in possession after the same has been caught or killed, any period for speckled trout, brook trout, California trout or brown trout, save only catching from the first day of April to the first day of September in each year, except in the counties included in the Forest Preserve, established by Forest chapter two hundred and eighty-three of the laws of eighteen hundred Preserve, and eighty-five, where it shall not be lawful to catch, or attempt to ized pericatch or kill, or expose for sale, any speckled trout, brook trout, brown trout and trout and California trout, save only from the first day of May to the salmon. fifteenth day of September, and salmon trout and land-locked salmon from the first day of May to the first day of October in each year. Any Trout and person who shall at any time catch, or take any California trout, caught, speckled trout, brook trout, brown trout, salmon trout or land-locked certain salmon from any of the waters of this State, less than six inches in be returnlength, shall immediately place such trout back in the waters from ed to wa. which it was taken, and shall use due care not to kill or injure the same, and the catching of such fish by intent is hereby prohibited. Nor shall any person sell or expose for sale any of said fish less than six inches in length. No person shall at any time take or catch any speckled Stocking trout, brook trout, brown trout, salmon trout, land-locked salmon or ponds, California trout, from any of the waters of this State for the purpose of with cerstocking a private or public pond or stream except from the waters of prohib Lake Ontario. No person shall at any time willfully molest or disturb ited. any of the fish mentioned in this section while they are upon their salmon, natural spawning beds during the spawning season, except in the not to be waters of Lake Ontario, nor shall any person take any of the said fish, in spawnor any spawn or milt from any of said fish while upon their natural ing seaspawning beds in any of the waters of this State (except such as are wholly private). Any person violating any of the foregoing provisions Penalty of this section shall be deemed guilty of a misdemeanor, and in addi- for violat tion thereto shall be liable to a penalty of twenty-five dollars for each visions of fish so caught, killed, exposed for sale or had in possession during the tion." prohibited season aforesaid; a penalty of ten dollars for each fish sold or exposed for sale of less than six inches long as aforesaid; and a penalty of fifty dollars for disturbing or molesting fish upon the spawning beds, or taking spawn or milt therefrom, with twenty-five dollars private tain fish, Trout or molested son. ing pro this sec Provis im not State or pabile hatcheries apply Exemp tions as to certain private hatche ries. of certain spawn, etc., in Adiron lated. hereof, additional for each fish taken thereon. The foregoing provisions are not to apply to the operations of State or public hatcheries, or to the artificial propagation of said fish by State or public authority; nor to the taking, transportation or possessing of fish-fry thus artificially propagated or distributed for the stocking of waters. Owners or proprietors of private hatcheries are also exempted therefrom to the extent that they may take fish, spawn or milt in their own private waters, for the purpose of artificial propagation, inclusive of the sale, transportation and possession of fish-fry or spawn thus obtained or propagated for the purposes of stocking waters. In all other respects these provisions are to apply. No officer of the State, nor any person, shall place or deposit in any of the waters of the Adirondack region of this State (so called) any fish, or fish-fry, or spawn, or milt, except speckled trout, brook dack re trout, brown trout, salmon trout, California trout or land-locked salmon, gion,regu- unless the fish so deposited or placed in such waters are indigenous to the particular water where placed, except that non-preying or non-destructive fish, such as usually constitute food for the species above Violation named, may be therein placed. Any person offending against this how provision shall be deemed guilty of a misdemeanor, punishable by imdeemed prisonment in a penitentiary or county jail for a period not exceeding punished. eighteen months or shall forfeit a penalty of five hundred dollars, or both, in the discretion of the court, for each fish or spawn deposited in Transpor- violation thereof. No person, carrier, corporation, association or company shall, at any time, carry or transport or have in his or its possession for the purpose of transportation, any speckled trout, salmon trout, California trout or land-locked salmon, caught or killed in that portion of this State constituting the Forest Preserve; and any person, carrier, corporation, association or company which has in his or its possession any such trout shall be deemed to have them in possession Proviso as in violation of this section, provided, however, that they may transport of owner from the Forest Preserve or have in possession for the purposes of transportation, speckled trout, brook trout, brown trout and California trout, from the first day of May to the first day of September, and salmon trout or land-locked salmon from the first day of May to the first day period. of October in any year caught or killed in the Forest Preserve, Violation provided that they be accompanied by the owner. Any person offending against this provision shall be deemed guilty of a misdemeanor, deemed and in addition thereto shall be liable to a penalty of fifty dollars for and each trout or part thereof had in possession for transportation in violaProsecution of this provision, and may be proceeded against in any county tions, how of this State in which the offender or prosecutor resides or the offender and how tation of trout or *almon from For. est Pre serve, prohibited. to rights of fish caught therein, during certain hereof, how pun ished. con ducted. lake trout, in certain has an office for the transaction of business. § 2. Section twenty of said act is hereby amended so as to read as follows: Salmon or § 20 No person shall kill or expose for sale or have in his or her etc., possession after the same has been caught or killed, any salmon trout, catching land-locked salmon, or lake trout caught in the inland lakes or waters lakes in of this State in the months of October, November, December, January, months, February and March of each year, and in Lake George the additional month of April. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition for viola thereto, shall be liable to a penalty of ten dollars for each fish so caught, of. killed, exposed for sale, or had in possession. certain prohib ited. Penalty tion here. § 3. This act shall take effect immediately. |