tinguish them from other city warrants and shall be kept separate and apart from other warrants drawn by said city. No portion of said pension and relief funds shall, before or after its order for distribution, be seized or held or in any wise subject to garnishment or levy of execution or attachment issued out of or by any court of this State, or any other State, so far as same may be sought to respond to the payment or satisfaction of any debt, damage, demand, claim, judgment or decree against any beneficiary in such funds, but shall be exempt therefrom.

Section 11. That if any employee of the cities, governed by the provisions of this act, while in the performance of his duties, becomes and be found to be temporarily totally disabled, mentally or physically, for services for said respective cities, by reason of service therein, the Board of Commissioners, or other governing body of said city or cities shall order the payment, and there shall be paid from the proper fund herein provided for, to such disabled member, an amount equal to fifty percentum of his monthly salary, not exceeding one hundred dollars per month, during such total disability, which payment shall be made monthly and for a period not longer than one year; and such disability shall be arrived at by such authority, after report from the city physician, and such other physicians and surgeons as such authority may examine and after the consideration of any other evidence, such authority may desire to consider; this, provided such member, during the same period is paid no salary as an employee of said city.

Section 12. That if any employee of the respective cities, while in the performance of his duties, becomes or be found to be physically or mentally permanently disabled for services in his or her respective departments, by reason of service therein, so as to render his or her retirement from such services necessary, the Board of Commissioners or other governing body of the respective city governed by the provisions of this Act, shall make necessary orders and shall retire such disabled employee from service in the department in which the disability occurred; and upon such retirement, such member shall be paid monthly, from such funds, an amount equal to fifty per centum of his monthly salary, in no event to exceed one hundred dollars per month, the payments to be made during such disability. Such members may be called back and examined at any time under the orders of such authority, and may be ordered back to active service, or to perform other services in connection with the city, such as he is able to perform, according to the instructions, findings and orders of such authority referred to.

Section 13. That any employee of the respective cities, within the purview of this Act, except as herein otherwise provided, who has been in the service thereof for as long as twenty con

secutive years and shall have attained the age of fifty-five years, upon making written application to the Board of Commissioners, or other governing body in the respective cities, therefor, shall, without medical examination or disability, be retired from the service as an employee of his or her respective city; and, upon such retirement, the said Board of Commissioners or other governing body of said respective cities, shall direct the payment to such retiring employee monthly, from such fund, a sum equal to one-half of the monthly compensation of salary received by such employee as salary in the service of employment of his or her respective city at the time of his or her retirement, but in no event shall the monthly payments exceed one hundred dollars ($100.00).

Section 14. That any employee of the cities governed by the provisions of this Act, who has been in the service thereof for as long as Twenty-five years, the last ten years of which have been continuous and shall have attained the age of fifty-five years, upon making written application to the Board of Commissioners or other governing body of the respective city therefor, shall, without medical examination or disability, be retired from service of his or her respective city, and upon such retirement, the said board shall direct the payment of such retiring member monthly from such fund, a sum equal to one half of the monthly compensation received by such employee as salary at the time of his retirement. In computing the length of service of any employee of the cities governed by the provisions of this Act, who is an applicant for pension under the provisions of this Act, such applicant shall not be allowed credit for service unless the last ten years of same shall have been continuous and unless the other fifteen years for which such applicant seeks credit shall have been in terms of not less than five continuous years. In no event shall the monthly payments exceed one hundred dollars ($100.00).

Section 15. That whenever an active or retiring employee of such city shall die while in the employ of such cities, there shall be appropriated and paid from the said funds a sum not less than Seventy-five nor more than One Hundred Dollars for funeral and burial expenses of such deceased employee, which sum shall be used for such funeral and burial expenses and paid out on order and direction of the head of the department in which said employee was engaged at the time of his death.

Section 16. In all matters involving the disability or sickness of such employee of such city, the Board of Commissioners, or other governing body of the respective cities, shall have such disabled member and if it sees fit, such sick member, examined by the city physician, and such other reputable physicians or surgeons as it may select, who shall report to such authority the

result of such examination or examinations in writing, and it is hereby made the duty of such city physician, when requested so to do by such authority, to make such examination and to report thereon as aforesaid. And any employee who refuses to allow such examinations as may be by such physicians, or the authority referred to in this section, deemed necessary, shall during the continuance of such refusal be debarred from receiving any benefits whatever under this Act.

Section 17. The provisions of this Act shall apply and be effective and employees of the respective cities who shall receive the benefits of this Act, shall receive such benefits, only so long as such members receiving or entitled to same shall be bona fide residents of the respective counties in which they resided at the time they were placed on the pension list, unless the Board of Commissioners, or other governing body of the respective cities shall grant permission for the person entitled to said pension to move away from the said county.

Section 18. While the creation of the fund has been specifically provided for in this Act nothing herein shall in any wise be construed or mean to prevent gifts, donations, legacies, or otherwise to be made to such funds, and trustees for the purpose of receiving same, and for the purpose of holding any property or performing any duty in connection with the pension and relief funds herein provided for and established, may, at any time, be named, designated and appointed by the governing body of the respective cities, and under such restrictions, rules and regulations as may be provided for by such governing bodies, provided no salary shall be paid to any person acting as such trustee.

Section 19. Should the pension and relief funds at any time be insufficient or inadequate to pay pensions to those properly entitled to receive same, the person or persons so entitled thereto shall not file any suit against the City, but the Board of Commissioners or other governing authority thereof, shall have absolute discretion as to what portion of the pension shall be paid and when there are several persons entitled to pensions, and the funds are insufficient to pay them in full the Board of Commissioners or other governing body thereof, may prorate the amount they have in such funds to the respective claimants. However, at no time shall the payments exceed the limits fixed in this Act.

Section 20. That in all matters involving the disability or sickness of such employee, the said board shall have such disabled member, and, if it sees fit, such sick member, examined by the city physician, or such other reputable physician or surgeon as may be selected by it, who shall report in writing to such board the result of such examination; and it is hereby made the duty of such city physician, when requested so to do by the said board, to make such examinations and to report thereon as aforesaid.

Section 21. That there shall be kept by the Secretary of the Board of City Commissioners, or other governing body of the respective city a book to be known as the list of retired employees. Such book shall also give a full and complete history and, record of the action of the said board in retiring any and all persons under this Act showing the names, date of entering service in such department, periods of employment, date of retirement and the reason for such retirement, if any.

Section 22. That it shall be the duty of the City Attorney of the respective cities to give advice to the said Board of Commissioners or other governing body of the respective cities, and to the members of the Pension Board, if one is created, in all matters pertaining to the duties of the said board, and the management of such fund, whenever requested to do so, and he shall represent and defend the said board as its attorney in all suits and actions at law or in equity that may be brought against it, and during all suits and actions in its behalf that may be required or determined upon by said board; and the said board shall have the authority to employ such other counsel as it may see fit, in such matters and, to pay out of such fund, reasonable attorneys fees to such counsel as it may employ as aforesaid.

Section 23. The Board of Commissioners, or other governing body of the respective cities may create a board to carry out the provisions of this act, which board shall be known as "The Board of Pensions" and shall consist of five reputable persons who shall be bona fide residents of the same city as are the members of the Board of Commissioners or other governing body appointing them. The members of such board of pensions shall be over the age of twenty-one years, and shall hold office for six years, but may be subject to removal for good cause, at any time, by the body appointing them. Whenever a board of pensions is created under the provisions of this act said board shall have the same ministerial power as herein conferred on the Board of Commissioners or other governing body of the respective cities so appointing such board, and the duties of the persons herein named shall be the same, whether or not a board of pensions is created. However, should any suit be brought on behalf of any city under the provisions of this Act, it shall be brought in the name of the city so concerned, and not in the name of the board of pensions.

Section 24. Any employee of the respective cities, governed by this Act, may elect at any time not to come within the provisions of this Act and should he so elect not to come within the provisions hereof, no part of his salary shall be deducted for the pension and relief fund. His election must be in writing signed by him and filed with the Board of Commissioners or other governing body of the respective cities, or Board of Pen

sions, if one is in existence. Thereafter, he shall not be allowed to come within the provisions or be entitled to the benefits, of this Act unless he first makes application to the board in charge of the pension fund or Board of Commissioners. Said persons shall not be credited for services while in the employment of the respective cities for the time during which he was not bound by the provisions of this Act.

Section 25. This Act shall apply to all persons who are now or who may hereafter be in the employment of the respective cities governed by this Act, but payment of pensions hereunder shall not commence until the first day of January, 1928.

Section 26. In case of any dispute arising out of this Act or over the provisions hereof, or the interpretation of any of the provisions of this act, the decision of the Board of Commissioners or other governing body of the respective cities shall be final. Wherever a board of pensions has been created, an appeal may be taken from the decision of the board of pensions to the board of commissioners or other governing body of the respective cities, but no further appeal shall be taken, and in no event shall any suit be filed against the board of pensions, any of its members, the board of commissioners, governing authorities of any city, or any city for the recovery of any pension or to enforce any of the provisions of this Act, and any person who files such suit shall thereby forfeit all benefits to which he may be entitled under the provisions hereof.

Section 27. That if any section or provision of this Act shall be held or declared to be unconstitutional or void it shall not effect or destroy the validity or constitutionality of any other section or provision of this Act which is not of itself void or unconstitutional.

Section 28. This Act shall in no wise affect or interfere with that Act of Legislature approved September 18th, 1923, which Act created Special Funds to be known as "Policemens and Firemens Relief Funds." which Act will be found on Page 239 and 248 both inclusive of the General Acts of the Legislature 1923, provisions of this Act being supplemental thereto.

Section 29. This Act shall take effect immediately upon its passage and approval by the Governor. "Provided, however, that this act shall never be construed nor enforced so as to authorize any municipal authorities to grant any extra compensation, fee or allowance to any public officer, servant, employee or agent after service shall have been rendered nor shall it ever be construed or enforced so as to authorize payment to any person of the salary of a deceased officer beyond the date of his death, nor shall it ever be construed or enforced so as to authorize the retirement of any officer on pay or part pay or make any grant to any retiring officer, but that all funds or monies paid