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and counsellor-at-law residing within the city of Kingston, who shall be known as and shall be the special city judge of the city of Kingston, and who shall act as city judge at and during any and all times when the city judge is absent from the city, or ill, or related to any of the parties within the prohibited degree, or interested in any action, proceeding or matters as a party or witness or otherwise, or in which he has been the attorney or counsel, or when he is the attorney or counsel for any of the parties thereto. The term of office of such special city judge shall be four years. The compensation of such special city judge shall be fixed by the common council, and shall not be less than three hundred dollars per annum nor more than five hundred dollars per annum, payable monthly.

All power and authority conferred upon such city judge as provided by this act is conferred upon the person so designated as such special city judge, including jurisdiction in all cases and proceedings then pending before said city judge, except where actual trial has commenced, in which case said city judge shall have all of said power and authority except to continue the trial thereof.

amended by

ch. 411,

§ 7. Section seventy-five of title seven of such chapter, as $ 75, as amended by chapter four hundred and eleven of the laws of nine- L. 1906, teen hundred and six, and as further amended by chapter six and L 1915, hundred and eleven of the laws of nineteen hundred and fifteen, amended. is hereby further amended to read as follows:

ch. 611,

charities;

sioners.

$75. The board of charities, as at present constituted, is hereby Board of continued, and the present commissioners shall hold office until commisJanuary first, nineteen hundred and twenty. At and after such date the said board shall consist of three commissioners. On said date the mayor shall appoint one member for a term of three years, one for a term of two years and one for a term of one year. Appointments at the expiration of a term shall be for a full term of three years, and in case of a vacancy otherwise caused, for the unexpired term. The said board of charities may sue and be sued by that title as if a corporation. The almshouse of the city C shall be known as the city home.

City

home.

§ 8. Title eight of such chapter is hereby amended by adding added. a new section thereto, to be section ninety-three-b, to read as follows:

Compensa

§ 93-b. 1. In case any member of the regular police force is tion to killed while in the actual discharge and performance of his police)

beneficiaries where

police force

member of duties, or dies from the effects of any injury received while in killed in the actual discharge of such duties, the following additional compensation shall be payable in the amount and to and for the benefit of the persons following:

discharge

of duty.

Power of

board

a. If there be a surviving wife and no child of the deceased under the age of eighteen years, to such wife, thirty per centum of the wages or salary of the deceased at the time of receiving the injuries causing his death during widowhood; and if there be surviving child or children of the deceased under the age of eighteen years, the additional amount of ten per centum of such wages or salary for each such child until of the age of eighteen years; and in case of the subsequent death of such surviving wife, any surviving child of the deceased member of the force at such time under eighteen years of age, shall have his compensation increased to fifteen per centum of such wages, and the same shall be payable until he shall reach the age of eighteen years; provided, that the total amount payable shall in no case exceed seventy per centum of such wages. The board of trustees of such fund may, in its discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child.

b. If there be surviving child or children of the deceased under the age of eighteen years, but no surviving wife, then for the support of each such child until the age of eighteen years, fifteen per centum of such wages of the deceased, provided that the aggregate shall in no case exceed seventy per centum of such wages.

c. If there be no surviving wife or child under the age of eighteen years, or if the amount payable to surviving wife and to children under the age of eighteen years shall be less in the aggregate than seventy per centum of such wages of the deceased, then for the support of each parent of the deceased, if dependent upon him at the time of his death, twenty-five per centum of such wages during such dependency; but in no case shall the aggregate amount exceed the difference between seventy per centum of such wages and the amount payable as hereinbefore provided to surviving wife or for the support of surviving child or children.

d. The said board shall have full power and authority to determine all questions in relation to the payment of such claims, and to make such reasonable requirements in relation thereto as may be proper and necessary.

tion to

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assignment

e. If a member of the force be killed by the negligence or wrong Compensaof another, and his dependents take compensation as herein pro- operate vided, the same shall operate as an assignment to the said board of claim of trustees of any judgment recovered in any action against such for injuries. other less reasonable legal services and disbursements incurred therein, and the proper persons recovering such judgment shall execute such papers as may be necessary to make such assignment.

moneys to

2. The board of police commissioners shall each year transfer Transfer to the said pension fund from the moneys annually raised for said fund. board such amount as shall be necessary to maintain such fund at the sum of five thousand dollars.

added.

§ 9. Title ten of such chapter is hereby amended by adding as 1130 new section thereto, to be section one hundred and thirteen-c, to read as follows:

tion to

where

of

113-c. 1. In case any member of the fire force is killed Compensawhile in the actual discharge and performance of his fire duties, beneficiaries or dies from the effects of any injury received while in the actual member discharge of such duties, the following additional compensation killed in shall be payable in the amount and to and for the benefit of the of duty. persons following:

a. If there be a surviving wife and no child of the deceased under the age of eighteen years, to such wife, thirty per centum of the wages or salary of the deceased at the time of receiving the injuries causing his death during widowhood; and if there be surviving child or children of the deceased under the age of eighteen years, the additional amount of ten per centum of such wages or salary for each such child until of the age of eighteen years; and in case of the subsequent death of such surviving wife, any surviving child of the deceased member of the force at such time under eighteen years of age, shall have his compensation increased to fifteen per centum of such wages, and the same shall be payable until he shall reach the age of eighteen years; provided, that the total amount payable shall in no case exceed seventy per centum of such wages. The board of trustees of such fund may, in its discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child.

b. If there be surviving child or children of the deceased under the age of eighteen years, but no surviving wife, then for the support of each such child until the age of eighteen years, fifteen per centum of such wages of the deceased, provided that the aggregate shall in no case exceed seventy per centum of such wages.

of fire force

discharge

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Power of board.

Compensation to

assignment

c. If there be no surviving wife or child under the age of eighteen years, or if the amount payable to surviving wife and to children under the age of eighteen years shall be less in the aggregate than seventy per centum of such wages of the deceased, then for the support of each parent of the deceased, if dependent upon him at the time of death, twenty-five per centum of such wages during such dependency; but in no case shall the aggregate amount exceed the difference between seventy per centum of such wages, and the amount payable as hereinbefore provided to surviving wife or for the support of surviving child or children. d. The said board shall have full power and authority to determine all questions in relation to the payment of such claims, and to make such reasonable requirements in relation thereto as may be proper and necessary.

e. If a member of the force be killed by the negligence or operate as wrong of another, and his dependents take compensation as of claim for herein provided, the same shall operate as an assignment to the injuries. said board of trustees of any judgment recovered in any action against such other less reasonable legal services and disburse ments incurred therein, and the proper persons recovering such judgment shall execute such papers as may be necessary to make such assignment.

Same compensation

in

members of

department.

2. The same compensation shall also be paid to the dependents Case of of any member of the volunteer fire department, who is killed volunteer while in the actual discharge and performance of his fire duties, or dies from the effects of any injury received while in the discharge of such duties, in the same manner and to the same dependents and under the same conditions as stated in subdivision of one hereof. The board of fire commissioners shall transfer to the fund, said pension fund on or about March first of each year a sum equal to the amount so expended from such fund the preceding calendar year to any dependents of any member of said volunteer fire department in addition to other moneys transferred as herein provided, from the moneys annually raised for said board of fire commissioners.

Transfer moneys

to

$ 172, 173, 175 added.

Estimate

for

support.

cf schools.

§ 10. Title fourteen of such chapter is hereby amended by adding three new sections thereto, to be sections one hundred seventy-two, one hundred seventy-three and one hundred seventyfive, to read as follows:

§ 172. The said board shall, on or before the first day of July in each year, determine by resolution the amount of money to be

common

case of

or revisal

raised, which, when added to the money annually apportioned to the said schools in said city out of the funds belonging to the state, will, in its judgment be necessary to support all the schools under its superintendence for the ensuing current year of said board beginning August first, and for the furtherance of any of the powers vested in it by law. The said resolution shall set forth in a detailed statement the various purposes of an anticipated expenditure, and the amount necessary for each; and a copy of such resolution shall be certified by the president and clerk of said board, under the seal of said board, and delivered to the mayor and council of said city on or before said time. The com- Action by mon council shall proceed to consider such estimate on or before the council. fifteenth day of July, but shall not reduce the amount thereof except in case of an apparent error therein, or in case such total estimate shall exceed one per centum of the property valuation of the preceding complete assessment roll liable for taxation for such purposes. If the common council and the mayor approve such estimate and resolution, the same shall be filed with the city clerk on or before the twentieth day of July; and if action in the mayor or the common council reduces or revises such reduction estimate as aforesaid, the same, with the changes, objections by mayor or corrections of the mayor or common council, endorsed thereon or annexed thereto, shall be returned to the president or clerk of the board of education within two days and then said board shall proceed to consider said estimate and resolution, and if two-thirds of all the members then in office agree to sustain the estimate as originally made and certified, it shall stand as if it had been approved by the mayor and common council, but if two-thirds of the members of said board do not agree to sustain the statement as made, it shall be modified so as to conform to the views expressed by the mayor or common council in such objections; and the same shall be filed with the city clerk on or before the twentieth day of July, with a copy of all resolutions in reference thereto certified by the president and clerk of the board. The common council shall annually levy and collect the amount Levy and so determined as aforesaid. The city clerk, under the direction of amount. of the common council, shall extend and apportion said tax on the assessment roll delivered to him as provided by section thirtytwo-a of this act, as among the owners of property taxable for such purpose on said roll in proportion to the value therein stated, and said clerk shall make a duplicate of said roll with the taxes so

and com

mon

council.

collection

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