'..».^ Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/education1910law00newyrich Education Department Bulletin Published fortnightly bj the University of the State of New York Eatered as ssconJ-class matter June 24, 190S, at the PoJt Office at Albany, R. Y.. under the act of July 16, 1894 ALBANY, N. Y. FebrUx\ry t, i^^ EDUCATION LAW 1910 AS AMENDED TO MAY i, 1912 AND OTHER LAWS RELATING TO SCHOOLS AND EDUCATION PAGE Education law 3 Appendix A : 'Other laws relat- ing to schools 262 Appendix B : Other laws relat- ing to the University 307 Appendix C : Practice of profes- sions 324 Index 401 STATE OF NEW YORK EDUCATION DEPARTMENT 1912 D3r-Apr2-7ooo (7-14068) H" STATE OF NEW YORK EDUCATION DEPARTMENT Regents of the University With years when terms expire 1913 Whitelay/ Reid M.A. LL.D. D.C.L. Chancellor New York 1917 St Clair McKelway M.A. LL.D. Vice Chan- cellor Brooklyn 1919 Daniel Beach Ph.D. LL.D Watkins 19 1 4 Pliny T. Sexton LL.B. LL.D Palmyra 191 5 Albert Vander Veer M.D. M.A. Ph.D. LL.D. Albany 1922 Chester S. Lord M.A. LL.D New York 1918 William Nottingham M.A. Ph.D. LL.D. . . Syracuse 1920 Eugene A. Philbin LL.B. LL.D New York 1916 Lucius N. Littauer B.A Gloversville 192 1 Francis M. Carpenter Mount Kisco 1923 Abram I. Elkus LL.B New York 1924 Adelbert Moot Buffalo Commissioner of Education Andrew S. Draper LL.B. LL.D. Assistant Commissioners Augustus S. Downing M.A. Pd.D. LL.D. . . First Assistant Charles F. Wheelock B.S. LL.D Second Assistant Thomas E. Finegan M.A. Pd.D Third Assistant Ditectnt of State Library James L Wyer, Jr, M.L.S. Director of Science and State Museum John M. Clarke Ph.D. D.Sc. LL.D. CMe's of Divisions Administration, George M. Wiley M.A. Attendance, Jame^ E>. Sullivan Educational Extension, William rl. Eastman M.A. M L.S. Examinations, .♦HA^uAi^ '.JtL' HdRNER. B.A. History, James A.' Holden B'.AV ' ' ' Inspections, Frank H. Wood M.A. Law, Frank B. Gilbert B.A. Library School, Frank K. Walter M.A. B.L.S. Public Records, Thomas C. Quinn School Libraries, Sherman Williams Pd.D. Statistics, Hiram C. Case \^i3ual Instruction, Alfred W. Abrams Ph.B. Vocational Schools, Arthur D. Dean B.S. Education Depaft&ent Bulletin Published fortnightly by the University of the State of New York Botered as second-class matter June 24, 1908, at the Post Office at Albany, N. Y., xinder the act of July 16, 1894 No. 512 ALBANY, N. Y. February i,_i9I2 EDUCATION LAW AS AMENDED TO MAY i, 1912 [NoTis, — The Education Law of 1910 amends the entire Education Law of 1909 and is a substitute therefor. The amendments of 1910 and 1911 are inserted in their proper places. At the end of the schedule of repeals of the Education Law a table showing? where the sections of the Education Law of 1909 may be found in the Education Law of 1910 is inserted.] L. 1910, Chap. 140 — Al!^ ACT to amend the education law, generally. [In effect April 22, 1910] The People of the State of New Yorh, represented in Senate and Assembly, do enact as follows: Section 1. Chapter twenty-one of the laws of nineteen hundred and nine, entitled '^An act relating to education, constituting chapter sixteen of the consolidated laws," is hereby amended to read as follows: CHAPTER 16 OF THE CONSOLIDATED LAWS EDUCATION LAW .\rticle 1. Short title and definitions (g§ 1, 2). 2. Education department (§§ 20-27). 3. University (§§ 40-69). 4. Commissioner of education (§§ 90-99). 5. School districts (§§ 120-154). 6. School neighborhoods (§§ 170-172). 7. District meetings (§§ 190-207). 8. School district officers; general provisions (§§ 220- 236). 9. District clerk, treasurer, collector (§§ 250-257). 10. Trustees (§§ 270-285). 11. Boards of education (§§ 300-328). 12. Town clerks (§§ 340, 341). 13. Supervisors (§§ 360-365). 14. District superiniendent of schools ; his election, powers and duties (§§ 380-398). 15. Assessment and collection of taxes (§§ 410-440). 16. School buildings and sites (§§ 450-467). 17. School district bonds (§ 480). * > •• • •0 4 * ' " 'kfeV VoEk' S^^ffi "education depaktaient Article 18. School moneys (§§ 490-502). 19. Trusts for schools ; gospel and school lots (§§ 520^528). 20. Teachers and pupils (§§ 550-567). 21. Contract system (§§ 580-586). 22. General industrial schools, trade schools, and school of agriculture, mechanic arts and home making (§§ 600-607). 23. Compulsory education (§§ 620-636). 24. School census (§§ 650-654). 25. Text-books (§§ 670-673). 26. Physiology and hygiene (§§ 690, 691). 27. The flag (§§ 710-713). 28. Fire drills (§§ 730-733). 29. Arbor day (§§ 750-752). 30. Teachers' institute (§§ 770-775). 31. Training classes (§§ 790-794). 32. :N'ormal schools; state normal college (§§ 810-833). 33. Fines; penalties; forfeitures and costs (§§ 850-862). 34. Appeals or petitions to commissioner of education (§§ 880-882). 36. Orphan schools (§§ 900-902). 36. Schools for colored children (§§ 920-922). 37. Indian schools (§§ 940-954). 38. Instruction of deaf mutes and of the blind (§§ 970- 980). 39. I^ew York state school for the blind (§§ 990-1012). 40. Cornell university (§§ 1030-1039). 41. State school of agriculture at Saint Lawrence uni- versity (§§ 1050-1053). 42. State school of agriculture at Alfred university (§§ 1070-1072). 42-A. State school of agriculture at Cobleskill (§§ 1075- 1078). 43. State school of agriculture at Morrisville (§§ 1090- 1093). 43-A. Retirement fund for teachers in state institution^ (§§ 1095-1099). 43-B. State teachers' retirement fund for public school teachers (§§ llOO-1109-b). 44. Libraries (§§ 1110-1141). 45. Court libraries (§§ 1160-1180). 46. Laws repealed : saving clause ; when to take effect (§§ 1190-1192). EDUCATION LAW O Article 44. Libraries (§§ 1110-1141). 45. Court libraries (,§§ 11160-1180). 46. Laws repealed; saving clause; when to take effect (§§ 1190-1192). - - ARTICLE 1 Short Title and Definitions S^tion 1. Short title. 2. Definitions. § 1. Short title. This chapter shall be known as the "Edu- cation Law.'' § 2. Definitions. As used in this chapter, the following specified terms mean as here defined. 1. Academy. The term " academy " means an incorporated institution for instruction in secondary education, and such high schools, academic departments in union schools and similar unin- corporated schools as are admitted by the regents to the university as of academic grades. 2. College. The term " college " includes universities and other institutions for higher education authorized to confer degrees. 3. University. The term ^' university " means the university of the state of E'ew York. 4. Eegents. The term " regents " means board of regents of the university of the state of New York. 5. Commissioner. The term " commissioner " means commis- sioner of education. 6. School commissioner. The term " school commissioner " means the local officer provided for in article fourteen. 7. Secondary education. The term " secondary education " means instruction of academic grades, between the elementary grades and the college or university. 8. Higher education. The term " higher education " means education in advance of secondary education, and includes the work of colleges, universities, professional and technical schools, and educational work connected with libraries, museums, uni- versity and educational extension courses and similar agencies. 9. Trustee. The term " trustees," when not used in reference to a school district, includes directors, managers or other similar members of the governing board of an educational institution. 10. Parental relation. The term " persons in parental rela- tion " to a child includes the parents, guardians or other persons, b NEW YORK STATE EDUCATION DEPARTMENT whether one or more, lawfully having the care, custody or control of such child. 11. Compulsory school ages. The term " child of compulsory school age " means any child between seven and sixteen years of age lawfully required to attend upon instruction. 12. School authorities. The term ^^ school authorities " means the trustees, or board of education, or corresponding officers, whether one or more, and by whatever name known, of a city, or school district however created. 13. School officer. The term " school officer " means a clerk, collector, or treasurer of any school district; a trustee or member of a board of education or other body in control of the schools by whatever name known in a union free school district or in a city ; a superintendent of schools; a truant officer; a school commis- sioner ; or other elective or appointive officer in a school district or city whose duties generally relate to the administration of affairs connected with the public school system. 14. Board of education. The term " board of education " shall include by whatever name known the governing body charged with the general control, management and responsibility of the schools of a union free school district or of a city. ARTICLE 2 Education Department Section 20. Education department. 21. Divisions of department. 22. Assistant commissioners. 23. Other officers and employees. 24. Removals and suspensions. 25. Joint seal. 26. Reports to the legislature. 27. State education building. § 20. Education department. The education depart ment is hereby continued and shall be under the legislative di- rection of the regents and the executive direction of the commis- sioner of education, who is made, by section ninety-four of this act, the chief executive officer of the state system of education and of the regents. The said department is charged with the general management and supervision of all public schools and all of the educational work of the state, including the operations of the university of the state of ^ew York. EDUCATIO:^ LAW 7 § 21. Divisions of department. By concurrent action of the regents and the commissioner of education the department may be divided into divisions. By like action new divisions may , be created and existing divisions may be consolidated or abolished, and the administrative work of the department assigned to the several divisions. § 22. Assistant commissioners. The commissioner of education shall appoint, subject to the approval of the regents, such assistant commissioners as he shall deem necessary for the proper organization and general classification of the work of the department, and assign to such assistant commissioners the work which shall be under their respective supervision. § 23. Other officers and employees. The commissioner of education, subject to the approval of the regents, shall have power, in conformity with their rules, to appoint all other needed officers and employees and fix their titles, duties and salaries. § 24. Removals and suspensions. With the approval of the regents, the commissioner of education may, at his pleasure, remove from office any assistant commissioner, or other appointive officer or employee; and, when the regents are not in session, the commissioner may, during his pleasure, suspend, without salary, any such officer or employee, but not longer than till the adjourn- ment of the succeeding meeting of the regents. § 25. Joint seal. The regents of the university and the commissioner of education shall together adopt, and may modify at any time, a seal, which shall be used in common as the seal of the education department and of the university; and copies of all records thereof and of all acts, orders, decrees and decisions made by the regents or by the commissioner of education, and of their official papers, and of the drafts or machine copies of any of the foregoing, may be authenticated under the sAid seal and shall then be evidence equally with and in like manner as the originals. § 26. Reports to the legislature. The commissioner of education shall annually prepare a report of the education depart- ment, including the university, which shall be transmitted to the legislature over the signatures of the chancellor of the university and of the commissioner of education. At their pleasure, the re- gents or the commissioner of education may make other reports and communications to the legislature. Such portions of their annual or other reports or communications as the commissioner 8 NEW YORK STATE EDUCATION DEPARTMENT or the regents shall desire for such use shall be printed by the state printer as bulletins. § 27. State education building. After the completion of the state education building, it shall be occupied exclusively by the education department, including the university, with the state library, the state museum, and its other departments, to- gether with such other work with w^hich the commissioner of edu- cation and the regents have official relations, as they may, in their discretion, provide for therein; and such building and the offices of such department shall be maintained at state expense. ARTICLE 3 University of the State of New York Section 40. Corporate name and objects. 41. Regents. 42. Officers. 43. Meetings and absences. 44. Quorum. 45. Authority to take testimony. 46. Legislative power. 47. General examinations, credentials and degrees. 48. Academic examinations. 49. Admission and fees. 50. Registrations. 51. Supervision of professions. 52. Extension of educational facilities. 53. Departments and their government. 54. State museum ; how constituted. 55. Collections made by the staff. 56. Indian collection. 5Y. Institutions in the university, 58. Visitation and reports. 59. Charters. 60. Provisional charters. 61. Conditions of incorporation. 62. Change of name or charter. 63. Dissolution and rechartering. [Repealed by L. 1911, ch. 860.] 63. Liquidation of educational institutions. [Inserted by L. 1911, ch. 860.] EDUCATION LAW 9 Section 64. Dissolution of incorporated academy by stockholders. 65. Suspension of operations. 66. Prohibitions. 67. Unlawful acts in respect to examinations. 68. Powers of trustees of institutions. 69. Colleges may construct water- works and sewer sys- tems. § 40. Corporate name and objects. The corporation created in the year seventeen hundred and eighty-four under the name of the Regents of the university of the state of iN'ew York, is hereby continued under the name of the university of the state of 'New York. Its objects shall be to encourage and promote edu- cation, to visit and inspect its several institutions and depart- ments, to distribute to or expend or administer for them such property and funds as the state may appropriate therefor or as the university may own or hold in trust or otherwise, and to per- form such other duties as may be intrusted to it. § 41. Regents. The university shall be governed and all its corporate powers exercised by a board of regents whose members shall at all times be three more than the then existing judicial dis- tricts of the state. The regents now in office and those hereafter elected shall hold, in the order of their election, for such times that the term of one regent will expire in each year on the first day of April, and his successor shall be chosen in the second week of the preceding February, on or before the fourteenth day of such month. Such election shall be in the manner provided by law for the election of senators in congress. All vacancies, either for full or unexpired terms, shall be so filled that there shall always be in the member- ship of the board of regents at least one resident of each of the judicial districts. A vacancy in the office of regent for other cause than expiration of term of service shall be filled for the un- expired term by an election at the session of the legislature imme- diately following such vacancy, unless the legislature is in session when such vacancy occurs, in which case the vacancy shall be filled by such legislature. There shall be no '^ ex-officio " members of the board of regents. No person shall be at the same time a regent of the university and a trustee, president, principal or any other officer of an institution belonging to the university. § 42. Officers. The elective officers of the university sha^^ be a chancellor and a vice-chancellor who shall serve without 1.0 NEW YORK STATE EDUCATION DEPARTMENT salary, and siicli other officers as are deemed necessary hy the regents, all of whom shall be chosen hy ballot by the regents and shall hold office during their pleasure ; but no election, removal or change of salary of an elective officer shall be made by less than six votes in favor thereof. Each regent and each elective officer shall, before entering on his duties, take and file with the secretary of state the oath of office required of state officers. The chancellor shall preside at all convocations and at all meet- ings of the regents, and confer all degrees which they shall author- ize. In his absence or inability to act, the vice-chancellor, or if he be also absent, the senior regent present, shall perform all the du- ties and have all the powers of the chancellor. § 43. Meetings and absences. The regents may provide for regular meetings, and the chancellor, or the commissioner of education, or any five regents, may at any time call a special meet- ing of the board of regents and fix the time and place therefor ; and at least ten days' notice of every meeting shall be mailed to the usual address of each regent. If any regent shall fail to attend three consecutive meetings, without excuse accepted as satisfactory by the regents, he may be deemed to have resigned and the regents shall then report the vacancy to the legislature, which shall fill it. § 44. Quorum. Seven regents attending shall be a quorum for the transaction of business. § 45. Authority to take testimony. The regents, any committee thereof, the commissioner of education and any assist- ant commissioner of education may take testimony or hear proofs relating to their official duties, or in any matter which they may lawfully investigate. § 46. Legislative power. Subject and in conformity to the constitution and laws of the state, the regents shall exercise legislative functions concerning the educational system of the state, determine its educational policies, and except as to the judicial functions of the commissioner of education establish rules for carrying into effect the laws and policies of the state, relating to education, and the powers, duties and trusts conferred or charged upon the university. But no enactment of the regents shall modify in any degree the freedom of the governing body of any seminary for the training of priests or clergymen to deter- mine and regulate the entire course of religious, doctrinal or theo- logical instruction to be given in such institution. ISTo rule by which more than a majority vote shall be required for any speei- EDUCATION LAW 11 fied action by the regents shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. § 47. General examinations, credentials and de- grees. The regents may confer by diploma under theirseal such honorary degrees as they may deem proper, and may estab- lish examinations as to attainments in learning, and may award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed. § 48. Academic examinations. The regents shall estab- lish in the secondary institutions of the university, examinations in studies furnishing a suitable standard of graduation there- from and of admission to colleges, and certificates or diplomas shall be conferred by the regents on students who satisfactorily pass such examinations. § 49. Admission and fees. Any person shall be admit- ted to these examinations who shall conform to the rules and pay the fees prescribed by the regents. § 50. Registrations. The regents may register domestic and foreign institutions in terms of 'New York standards, and fix the value of degrees, diplomas and certificates issued by institu- tions of other states or countries and presented for entrance to schools, colleges and the professions in this state. § 51. Supervision of professions. Conformably to law the regents may supervise the entrance requirements to and the licensing and practice of the professions of medicine, dentistry, veterinary medicine, pharmacy and optometry, and also supervise the certification of nurses and public accountants. § 52. Extension of educational facilities. The re- gents may extend to the people at large increased educational op- portunities and facilities, stimulate interest therein, recommend methods, designate suitable teachers and lecturers, conduct ex- aminations and grant credentials, and otherwise organize, aid and conduct such -work. And the regents, and with their approval the commissioner of education, may buy, sell, exchange and receive by will, or other gift, or on deposit, books, pictures, statuary or other sculptured work, lantern slides, apparatus, maps, globes, and any articles or collections pertaining to or useful in and to any of the departments, divisions, schools, institutions, associa- tions or other agencies, or work, under their supervision, or con- trol, or encouragement, and may lend or deposit a^ny such articles in their custody or control, when or where in their judgmen 12 NFAY YORK STATE EDUCATION DEPARTMENT compensating educational usefulness will result therefrom; and may also, from time to time, enter into contracts desirable for carrying into effect the foregoing provisions. § 53. Departments and their government. The state library and state museum shall be departments of the university, and the regents may establish such other departments and di- visions therein as they shall deem useful in the discharge of their duties. § 54. State museum; h.o'w constituted. All scientific specimens and collections, works of art, objects of historic inter- est and similar property appropriate to a general museum, if owned by the state and not placed in other custody by a specific law, shall constitute the state museum, and one of its officers shall annually inspect all such property not kept in the state museum rooms, and the annual report of the museum to the legislature shall include summaries of such property, with its location, and any needed recommendations as to its safety or usefulness. The state museum shall include the work of the state geologist and paleontologist, the state botanist and the state entomologist, who, with their assistants, shall be included in the scientific staff of the state museum. § 55. Collections made by the staff. Any scientific collection made by a member of the museum staff during his term of office shall, unless otherwise authorized by resolution of the regents, belong to the state and form part of the state museum. § 56. Indian collection. There shall be made, as the Indian section of the state museum, as complete a collection as practicable of the historical, ethnographic and other records and relics of the Indians of the state of New York, including imple- ments or other articles pertaining to their domestic life, agricul- ture, the chase, war, religion, burial and other rites or customs, or otherwise connectreof, at such price and upon such terms as they shall deem proper; and any deed duly executed by the trustees of such district, or a majority of them, in pursuance of such direction, shall be valid and effectual to pass all the estate or interest of such school district in the premises. 2. When a credit shall be directed to be given upon such sale for the consideration money, or any part thereof, the trustees are hereby authorized to take in their corporate name such security by bond and mortgage, or otherwise, for the payment thereof, as they shall deem best, and shall hold the same as a corporation, and account therefor to their successors in office and to the district, in the manner they are now required by law to account for moneys received by them; and- the trustees of any such district and their successors may, in their name of office, sue for and recover the moneys due and unpaid upon any security so taken by them or their predecessors. § 462. Application of proceeds of sale. All moneys arising from any sale made in pursuance of the last preceding EDUCATION LAW 107 section, shall be applied to the expenses incurred in procuring a new site, and in removing or erecting thereon a school-house, and improving and furnishing such site and house, and their appur- tenances, so far as such application shall be necessary; and tire surplus, if any, shall be devoted to the purchase of school ap- paratus and the support of the school, as the voters of the district at any meeting shall direct. § 463. Acquisition of real property. Real property may be acquired for school purposes in any school district and in any city except a city of the first or second class as follows: 1. By gift, grant, devise or purchase. 2. By condemnation, if an agreement cannot be made with the owner for the purchase thereof. Such proceedings shall be insti- tuted and conducted by the trustee or board of education, in the name of the district under the provisions of the condemnation law. 3. This section does not permit the acquisition by condemna- tion of less than the whole of a city or village lot with the erec- tions and improvements thereon. § 464. When o"wner's consent necessary. The fol lowing property cannot be acquired without the consent of the owner : 1. A homestead occupied as such by the owner, except such portion thereof as may appear to the court to be unnecessary for the reasonable use and enjoyment of the homestead. 2. A garden, orchard or any part thereof, not within a city, which has existed for a period of one year prior to the beginning of the condemnation proceedings. 3. A yard or inclosure, or any part thereof, necessary to the use or enjoyment of buildings. 4. Fixtures or erections for the purpose of trade or manufac- ture, which have existed for a period of one year prior to the be- ginning of the condemnation proceedings. [Amended hy L, 1911, ch. 782.] § 465. Vesting of title of lands in certain cases Boards of education in cities of the third class are hereby clothery and all other state publications not otherwise assigned by law. To guard against waste or destruction of state publications, and to provide for the completion of sets to be permanently pre- served in American and foreign libraries, the regents shall main- tain a duplicate department to which each state department, bureau, board or commission shall send not less than five copies of each of its publications when issued, and after completing its distribution, any remaining copies which it no longer requires. The above, with any other publications not needed in the state library, shall be the duplicate department, and rules for sale, ex- change or distribution from it shall be fixed by the regents, who shall use all receipts from such exchanges or sales for expenses and for increasing the state library. § 1115. Transfers from state officers. The librarian of any library owned by the state, or the officer in charge of any state department, bureau, board, commission or other office may, with the approval of the regents, transfer to the permanent custody of the state library or museum any books, papers, maps, manu- scripts, specimens or other articles which, because of being dupli- cates or for other reasons, will in his judgment be more useful to the state in the state library or museum than if retained in his keeping. § 1116. Other libraries oivned by the state. The report of the state library to the legislature shall include a state- ment of the total number of volumes or pamphlets, the number added during the year, with a summary of operations and condi- tions, and any needed recommendation for safety or usefulness for each of the other libraries owned by the state, the custodian of which shall furnish such information or facilities for inspection as the regents may require for making this report. Each of these libraries shall be under the sole control now provided by law, but for the annual report of the total number of books owned by or bought each year by the state, it shall be considered as a branch of the state library and shall be entitled to any facilities for ex- change of duplicates, inter-library loans or other privileges pro})- erly accorded to a branch. § 1117. Public and free libraries and museums. All provisions of this section and of sections eleven hundred and eighteen to eleven hundred and thirty-four inclusive shall apply equally to libraries, museums, and to combined libraries and 216 NEW YORK STATE EDUCATION DEPARTMENT museums, and the word ^'library" shall be construed to include reference and circulating libraries and reading-rooms. § 1118. !Establisliinent. By majority vote at any election, any city, village, town, school district, or other body authorized to levy and collect taxes, or by vote of its common council, or by action of a board of estimate and apportionment or other proper authority, any city, or by vote of its trustees, any village, may establish and maintain a free public library, with or without branches, either by itself or in connection with any other body authorized to maintain such library. Whenever twenty-five tax- payers shall so petition, the question of providing library facilities shall be voted on at the next election or meeting at which taxes may be voted, provided that due public notice shall have been given of the proposed action. A municipality or district named in this section may raise money by tax to establish and maintain a public library or libraries, or to provide a building or rooms for its or their use, or to share the cost as agreed with other municipal or district bodies, or to pay for library privileges under a contract therefor. It may also acquire real or personal property for library purposes by gift, grant, devise or condemnation, and may take, buy, sell, hold and transfer either real or personal property and administer the same for public library purposes. A board of supervisors of a county may contract with the trustees of a public library within such county or with any other municipal or district body having control of such a library to furnish library privileges to the people of the county, under such terms and conditions as may be stated in such contract. The amount agreed to be paid for such privileges under such contract shall be a charge upon the county and shall be paid in the same manner as other county charges. [Amended hy L. 1911, ch. 815.] § 1119. Acceptance of conditional gift. By majority vote at any election any municipality or district or by three-fourths vote of its council, any city, or any public library in the university, or any designated branch thereof, if so authorized by such vote of a municipality, district, or council, or of any combination of such voting bodies, may accept gifts, grants, devises or bequests for public library purposes on condition that a specified annual appro- priation shall thereafter be made, by the municipality or district or combination so authorizing such acceptance, for maintenance of such library or branches thereof. Such acceptance, when approved by the regents of the university under seal and recorded in its EDUCATION LAW 217 book of charters, shall be a binding contract, and such munici- pality and district shall levy and collect yearly the amount pro- vided in the manner prescribed for other taxes, and shall maintain any so accepted gift, grant, devise or bequest, intact and niake good any impairment thereof. § 1120. Subsidies. By vote similar to that required by sections eleven hundred and eighteen and eleven hundred and nineteen money may be granted toward the support of libraries not owned by the public but maintained for its welfare and free use; provided, that such libraries shall be subject to the inspection of the regents and registered by them as maintaining a proper t-tandard, that the regents shall certify what number of the books circulated are of such a character as to merit a grant of public money, and that the amount granted yearly to libraries on the basis of circulation shall not exceed ten cents for each volume cf the circulation thus certified by the regents. § 1121. Closing of museum; admission fee during certain hours. The trustees of any institution supported un- der this chapter by public money, in whole or in part, may, so far as consistent with free use by the public at reasonable or specified hours, close any of its museum collections at certain other hours, for study, to meet the demands of special students or for exhibition purposes, and may charge an admission fee at such hours, provided that all receipts from such fees shall be paid into the treasury and be used for the maintenance or enlargement of the institution. § 1122. Taxes. Taxes, in addition to those otherwise au- thorized, may be voted by any authority named in section eleven hundred and eighteen and for any purpose specified in sections eleven hundred and eighteen to eleven hundred and twenty inclu- sive, and shall, unless otherwise directed by such vote, be con- sidered as annual appropriations therefor till changed by further vote, and shall be levied and collected yearly, or as directed, as F.re other general taxes ; and all money received from taxes or other sources for such library shall be kept as a separate library fund and expended only under direction of the library trustees on properly authenticated vouchers. § 1123. Trustees. Free public libraries established by action of the voters or their representatives shall be managed by trustees who shall have all the powers of trustees of other edu- cational institutions of the university as defined in this chapter; 218 NEW YOKK STATE EDUCATION' DEPARTMENT provided, unless otherwise specified in the charter, that the num- ber of trustees shall be five; that they shall be elected by the legal voters, except that in cities they shall be appointed by the mayor with the consent of the common council, from citizens of recognized fitness for such position ; that the first trustees deter- mine by lot whose term of office shall expire each year and that a new trustee shall be elected or appointed annually to serve for five years. § 1124. Incorporation. Within one month after taking office, the first board of trustees of any such free public library shall apply to the regents for a charter in accordance with the vote establishing the library. § 1125. Use of free public libraries. Every library established under section eleven hundred and eighteen of this chapter shall be forever free to the inhabitants of the locality which establishes it, subject always to rules of the library trustees, who shall have authority to exclude any person who wilfully violates such rules; and the trustees may, under such conditions as they think expedient, extend the privileges of the library to persons living outside such locality. § 1126. Reports. Every library or museum which receives state aid or enjoys any exemption from taxation or other privilege not usually accorded to business corporations shall make the report required by section fifty-eight of this chapter, and such report shall relieve the institution from making any report now required by statute or charter to be made to the legislature, or to any department, court or other authority of the state. These reports shall be summarized and transmitted to the legislature by the regents with the annual reports of the state library and state museum. § 1127. Injuries to property. Whoever intentionally injures, defaces or destroys any property belonging to or deposited in any incorporated library, reading-room, museum or other edu- cational institution, shall be punished by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. § 1128. Detention. Whoever wilfully detains any book, newspaper, magazine, pamphlet, manuscript or other property be- longing to any public or incorporated library, reading-room, museum or other educational institution, for thirty days after EDUCATION LAW 219 notice in writing to return the same, given after the expiration of the time which bj the rules of such institution, such article or other property may be kept, shall be punished by a fine of not less than one nor more than twenty-five dollars, or by imprison^ ment in the jail not exceeding six months, and the said notice shall bear on its face a copy of this section. § 1129. Transfer of libraries. Any corporation, asso- ciation, school district or combination of districts may, by legal vote duly approved by the regents, transfer, conditionally as pro- vided in section eleven hundred and nineteen of this article, or otherwise, the ownership and control of its library, with all its appurtenances, to any municipality, or district, or public library in the university, or any designated branch thereof, and thereafter such transferee shall be entitled to receive any money, books or other property from the state or other sources, to which the trans- ferring body would have been entitled but for such transfer, and the trustees or body making the transfer shall thereafter be re- lieved of all responsibility pertaining to property thus transferred. § 1130. lioeal neglect. If the local authorities of any library supported wholly or in part by state money, fail to provide for the support and public usefulness of its books, the regents shall in writing notify the trustees of said library what is neces- sary to meet the state's requirements, and on such notice all its rights to further grants of money or books from the state shall be suspended until the regents certify that the requirements have been met; and if said trustees shall refuse or neglect to comply with such requirements within sixty days after service of such notice, the regents may remove them from office and thereafter all books and other library property wholly or in part paid for from state money shall be under the full and direct control of the regents who, as shall seem best for public interests, may appoint new trustees to carry on the library, or may store it, or distribute its books to other libraries. § 1131. Lioans of books from state. Under such rules as the regents may prescribe, they may lend from the state library, duplicate department, or from books specially given or bought for this purpose, selections of books for a limited time to any public library in this state under visitation of the regents, or to any community not yet having established such library, but which has conformed to the conditions required for such loans. 220 NEW YORK STATE EDUCATION DEPARTMENT § 1132. Advice and instruction from state library- officers. The trustees or librarian or any citizen interested in any public library in this state shall be entitled to ask from the officers of the state library any needed advice or instruction as to a library building, furniture and equipment, government and service, rules for readers, selecting, buying, cataloguing, shelv- ing, lending books, or any other matter pertaining to the estab- lishment, reorganization or administration of a public library. The regents may provide for giving such advice and instruction either personally or through printed matter and correspondence, either by the state library staff or by a library commission of competent experts appointed by the regents to serve without salary. The regents may, on request, select or buy books, or furnish them instead of money apportioned, or may make exchanges and loans through the duplicate department of the state library. Such as- sistance shall be free to residents of this state as far as practicable, but the regents may, in their discretion, charge a proper fee to nonresidents or for assistance of a personal nature or for other reason not properly an expense to the state, but which may be authorized for the accommodation of users of the library. § 1133. Apportionment of public library money. Such sum as shall have been appropriated by the legislature as public library money shall be paid annually by the treasurer, on the warrant of the comptroller, from the income of the United States deposit fund, according to an apportionment to be made for the benefit of free libraries by the regents in accordance with their rules and authenticated by their seal; provided, that none of this money shall be spent for books except those approved or selected and furnished by the regents; that no locality shall share in the apportionment unless it shall raise and use for the same purpose not less than an equal amount from taxation or other local sources; that for any part of the apportionment not payable directly to the library trustees the regents shall file with the comptroller proper vouchers showing that it has been spent in accordance with law exclusively for books for free libraries or for proper expenses incurred for their benefit; and that books paid for by the state shall be subject to return to the regents whenever the library shall neglect or refuse to conform to the ordinances under which it secured them. § 1134. Abolition. Any library established by public vot or action of school authorities, or under section eleven hundred I EDUCATION LAW 221 and eighteen of this chapter, may be abolished only by a majority vote at a regular annual election, ratified by a majority vote at the next annual election. If any such library is abolished its prop- erty shall be used first to return to the regents, for the benefit of other public libraries in that locality, the equivalent of such sums as it may have received from the state or from other sources as gifts for public use. After such return any remaining property may be used as directed in the vote abolishing the library, but if the entire library property does not exceed in value the amount of such gifts it may be transferred to the regents for public use, and the trustees shall thereupon be free from further responsi- bility. "No abolition of a public library shall be lawful till the regents grant a certificate that its assets have been properly dis- tributed and its abolition completed in accordance with law. § 1135. Use and care of school library. The school library shall be a part of the school equipment and shall be kept in the school building at all times, and shall not be used as a circulating library, except as the rules fixed by the commissioner of education shall allow, but no person shall be allowed to borrow more than one volume at a time and shall not keep the same more than two weeks. The board of education or trustees shall appoint a teacher of the schools under their charge as librarian, who, with the trustees, shall be responsible for the safety and proper care of the books, and shall annually, and whenever required, make such reports concerning the library as the commissioner of educa- tion may direct. § 1136. Existing rules continued in force. All exist- ing provisions of law and rules established by the superintendent of public instruction or by the commissioner of education for the management of district libraries shall hold good as to the man- agement of school libraries till altered by or in pursuance of law. § 1137. Authority to raise and receive money for school library. Each city and school district in the state is hereby authorized to raise moneys by tax in the same manner as other school moneys are raised, or to receive moneys by gift or devise, for starting^ extending or caring for the school library. § 1138. Authority to transfer school library prop- erty to free public library. Any board of education in any city or union free school district, or any duly constituted meeting in any other district, is hereby authorized to give any or all of its books or other library property to any township or other ii22 NEW YORK STATE EDUCATION DEPARTMENT free public library under state supervision, or to aid in establish- ing such free public library, provided it is free to the people of such city or district. A receipt from the officers of the said free public library, and an approval of the transfer under seal by the regents of the university, shall forever thereafter relieve the said school authorities of further responsibility for the said library and property so transferred. § 1139. Transfer of property not in charge of li- brarian. Any books or other library property belonging to any district library, and which have not been in direct charge of a librarian duly appointed within one year, may be taken and shall thereafter be owned by any public library under state super- vision, which has received from the regents of the university written permission to collect such books or library property, and to administer the same for the benefit of the public; provided, that said books or other library property shall be found in the territory for which such public library is maintained, as defined in its charter or in the permission granted by the regents; and further provided, that, on written request of the school authorities, any dictionaries, cyclopedias and pedagogic books shall be placed in the school library of the district to which such books originally belong. § 1140. Provision for change to circulating library. The public shall not be entitled to use any library, now or here- after in the custody of the school authorities, but said authorities may appoint three trustees who shall have the powers, duties and responsibilities of trustees of public libraries incorporated by the regents, and thereafter the school authorities may transfer to the custody of said trustees for the purposes of a circulating library any of their library property as provided in section eleven hun- dred and thirty-eight. § 1141. Penalty for disobedience to library law, rules or orders. The commissioner of education is hereby authorized to withhold its share of public school moneys from any city or district which uses school library moneys for any other purpose than that for which they are provided, or for any wilful neglect or disobedience of the law or the rules or orders of said commissioner in the premises. EDUCATION LAW 223 ARTICLE 45 Court Libraries Section 1160. Court of appeals libraries. 1161. Court of appeals judges' law libraries. 1162. Appellate division libraries. 1163. Appellate division library, first department. 1164. Appellate division library, fourth department, 1165. Supreme court libraries. 1166. Supreme court library at New York. 1167. Supreme court library in borough of Brooklyn. 1168. Supreme court library at N^ewburgh. 1169. Joseph F. Barnard memorial library at Pough- keepsie. 1170. Supreme court library at Kingston. 1171. Supreme court library at Saratoga. 1172. Supreme court library at Utica. 1173. Supreme court library at Binghamton. 1174. Supreme court library at Delhi. 1175. Supreme court library at Elmira. 1176. David L. Follett memorial library at JSTorwich. 1177. Supreme court library at Buffalo. 1178. Supreme court library at White Plains. 1179. Supreme court library at Troy. *1180. City court of the city of New York. [Added by L. 1911, ch. 824.] *1180. Supreme court library in Queens county. [Added by L. 1911, ch. 557.] § 1160. Court of appeals libraries. 1. The consul- tation library of the court of appeals is continued. Said library shall be under the exclusive supervision of that court and the chief judge may add thereto from any funds available. 2. The library of the court of appeals, located at the city of Syracuse, is continued. The regents of the university shall ap- point a suitable person to be librarian of the said library, who shall receive an annual salary of three thousand dollars, to be paid by the comptroller in monthly instalments, upon the certifi- cate of a justice of the supreme court residing in the city of Syracuse, which said amount shall be levied and assessed by the comptroller, one-half upon the county of Onondaga, and the * Two sections numbered 1180 were added to this article by the acts re- ferred to. 224: NEW YORK STATE EDUCATION DEPARTMENT residue thereof upon the several remaining counties constituting the fifth judicial district, in proportion to the assessed valuation of the real and personal property in said counties. Said libra- rian shall appoint an assistant librarian and such other assistants as shall be determined by the board of supervisors of said county of Onondaga, who shall be paid by said county of Onondaga a salary or salaries to be fixed by said board of supervisors of said county. The said library shall be maintained as a free public library for the use of the people of the state, the supreme court of the fifth judicial district and the local courts of the county of Onondaga and city of Syracuse. Such library shall be kept in the court-house of Onondaga county and without expense to the state, except for the purchase of books, binding and repair of books. The regents of the university shall frame and establish suitable rules and regulations for the use of the books in such library, and shall add to and amend the same as shall be necessary. § 1161. Court of *appeals' judges' la\r libraries. The law libraries of the judges of the court of appeals are continued. Each judge has sole custody and control of the library assigned to him and on expiration of his term of ofiice shall deliver it to his successor. He may add to it from any funds available. § 1162. Appellate division libraries. The libraries heretofore established for the appellate divisions of the su- preme court are continued. They are under exclusive super- vision of the respective appellate divisions. The justices of the court shall be trustees thereof who shall continue to be vested with all the powers with regard thereto now possessed by said justices. § 1163. Appellate division library, first depart- ment. The law library of the appellate division of the first department shall be kept in the court-house thereof, and shall be in the care and custody and under the control of the justices of the appellate division of said first department, who shall be the trustees thereof. The said trustees may make rules and regula- tions for the management and protection of said library and pre- scribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for injury to said library. They may appoint a librarian and an assistant librarian and fix their salaries, the former at not to exceed the Slim of four thousand dollars per annum, and the latter at not to exceed the sum of three thousand dollars per annum. The * So in original. EDUCATION LAW 225 said librarian shall, in addition to the duties now performed by him, perform such duties in relation to the custody and distribu- tion of stationery and other supplies furnished for the use of the appellate division of said first department as said justices of said appellate division shall direct. The said trustees may procure furniture for said library and shall defray all the expenses in- cidental to its care and management. They shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of estimate and apportionment, who shall provide for raising and paying the same. [Amended hy L. 1911, cJi, 832.] § 1164. Appellate division library, fourtli de- partment. The law library of the appellate division of the fourth department shall be kept in the court-house of Monroe county and without expense to the state for heat, light, janitor service, furniture, stationery supplies, binding and repair of books, which shall be provided by said county. This library shall be maintained as a free public library for the use of the people of the state, the appellate division of the supreme court in the fourth judicial department, the supreme court of the seventh judicial dis- trict and the local courts at Eochester. The consultation library heretofore provided for the appellate court shall be a part of this library but shall remain in the justices' chambers for their own personal use. The librarian of said library and an assistant li- brarian and their successors shall be appointed and may be removed at pleasure by the justices of the appellate division of the supreme court in the fourth judicial department. The librarian shall be paid an annual salary of three thousand dollars, to be paid in monthly instalments by the state comptroller which shall be levied and assessed by him upon the counties constituting the fourth judicial department, and the assistant librarian shall be paid by the county of Monroe, a salary to be fixed by the board of super- visors of said county. A certificate of the appointment of the librarian, signed by the presiding justice of the fourth judicial department, shall be filed with the comptroller of the state. § 1165. Supreme court libraries. The following su- preme court law libraries are continued: 1. In the first judicial district the library formed by the con- solidation of the libraries of the superior court of the city of New York and the court of common pleas of said city and county. 2. In the second judicial district the libraries at the borough 226 NEW YORK STATE EDUCATION DEPARTMENT of Brooklyn and at ISTewburgh and the Joseph F. Barnard memo- rial law library at Poughkeepsie. 3. In the third judicial district the library at Kingston and the library at Troy. 4. In the fourth judicial district the library at Saratoga Springs. 5. In the fifth judicial district the library at Utica. 6. In the sixth judicial district the libraries at Binghamton, Delhi and Elmira, and the David L. Follett memorial library at IN'orwich. 7. In the eighth judicial district the library at Buffalo. 8. In the ninth judicial district the library at White Plains. § 1166. Supreme court library at New York. The law libraries of the superior court of the city of New York and of the court of common pleas of said city and county as consoli- dated, and the books therein, shall be the law library of the supreme court in the first judicial district and shall be in the care and custody and under the control of the justices of the supreme court in said judicial district, or a majority of them, not designated as justices of the appellate division, who shall be the trustees thereof. The said trustees may make rules and regulations for the manage- ment and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for injury to said library. They may appoint a librarian and fix his salary at not to exceed the sum of four thousand dollars per annum. They may procure proper furniture for said library, purchase books therefor and defray all the expenses incidental to its care and management. They shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of estimate and apportionment, who shall provide for raising and paying the same. § 1167. Supreme court library in borough of Brooklyn. The supreme court library in the borough of Brooklyn shall be under the care and management of the trustees of the law library of the borough of Brooklyn; subject, however, to such orders, rules and regulations, touching the same, as may be made, from time to time, by a majority of the justices of the supreme court, residing in said district. All appropriations made for said library, shall be paid to the said trustees, to be by them disbursed in the purchase of books for said library. The said trustees may make rules and regulations for the management and EDUCATION LAW 227 protection of said library, and prescribe penalties for the violation thereof; they may sue for and recover such penalties, and may maintain actions for injuries to said library, and may procure proper furniture for said library, hire suitable rooms, employ -a librarian, provide fuel and lights, and defray all the incidental expenses of the care and management of said library; they shall yearly ascertain the amount necessary for the aforesaid purposes, and certify it to the board of estimate and apportionment of the city of ^ew York, who shall pay the same. They shall yearly make a report to the regents of the university, of the additions made to said library during the preceding year. § 1168. Supreme court library at Newburgh. The second judicial district law library at Nev/burgh shall be in charge of and under the care of the trustees of the Orange county referee law library association, and shall be governed by such rules as said trustees with the approval of a justice of the supreme court of the second judicial district may prescribe. The board of supervisors of Orange county shall, subject to the approval of a justice of the supreme court of said district, provide suitable and proper rooms in which said library shall be placed and kept, and the annual rent of said rooms and the necessary expense of care for said library shall be a county charge payable by the treasurer of said county upon vouchers approved by a justice of the supreme court of said district. The said trustees shall appoint a librarian for such library, who shall hold office during their pleasure. Such librarian shall re- ceive an annual salary not to exceed six hundred dollars, which shall be paid to him quarterly by the treasurer of the county of Orange, out of money appropriated for the court expenses in said county. It shall be the duty of said trustees to effect an insurance upon said library, the cost whereof shall be paid in like manner by the comptroller of the state of 'New York upon a certificate, from the appropriations that may be from time to time made for the main- tenance of said library. Such insurance shall be made in the name of the people of the state of JSTew York, and in case of loss the amount thereof shall be expended in the purchase of new books for said library, in the same manner that the original appro- priations were used for that purpose. 8 228 KEW YORK STATE EDUCATION DEPARTMENT § 1169. Joseph F. Barnard memorial library at Poughkeepsie. The Joseph F. Barnard memorial library located in the Dutchess county court-house at Poughkeepsie shall be under the care and management of a board of trustees, which board shall consist of five members. The trustees now in office shall continue to serve for the terms for which they were appointed. At the expiration of such terms the governor shall appoint their successors, each of whom shall serve for five years and until his successor is appointed. Such appointment shall be made from among the members of the Dutchess county bar who shall have practiced law for at least ten years. Said board of trustees shall have power to receive by gift or bequest any property for the purpose of a law library and hold and manage the same, and may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to said library or property connected therewith. They may procure proper furniture for said library and defray all the expenses of the care and management of said library, including insurance, and the amounts required therefor shall be paid by the treasurer of the county of Dutchess upon the certificate of a jus- tice of the supreme court of the second judicial district or of the county judge of Dutchess county, out of the moneys raised in said county for court and jury expenses, which sums as well as the salary of the librarian hereinafter specified shall be a county charge upon the county of Dutchess. All appropriations made for said library shall be paid by the treasurer of the state to said trustees to be by them or by a majority of them disbursed for the purchase of books for said library and for the necessary rebind- ing of the same. The librarian of the Joseph F. Barnard memorial law library shall be appointed by said board and shall hold office at the pleasure of said board. The salary of said librarian shall be fixed by the board of supervisors of the county of Dutchess and shall be paid quarterly on the first days of January, April, July and October in each year by the treasurer of the county of Dutchess out of the moneys raised in said county for court and jury expenses upon the certificate of the Dutchess county judge. Said librarian shall be subject to the direction of the said board and shall be governed by such rules as it shall from time to time establish. EDUCATION LAW 229 § 1170. Supreme court library at Kingston. The justice of the supreme court residing in the city of Kingston is hereby authorized from time to time to appoint a librarian to take charge of the law library of the third judicial district, located at Kingston, who shall be paid a salary of six hundred dollars per year, the amount to be payable upon the certificate of said justice out of the moneys raised in the county of Ulster for court expenses by the treasurer thereof, upon the presentation of such certificate. It shall also be the duty of said justice, so residing at Kingston, to effect an insurance upon said library, the cost whereof shall be paid in like manner by the comptroller of the state of New York upon a like certificate. Such insurance shall be made in the name of the people of the state of 'Ne'w York, and in case of loss the amount thereof shall be expended in the purchase of new books for said library, in the same manner that the original appropriations were used for that purpose. § 1171. Supreme court library at Saratoga. The justices of the supreme court of the fourth judicial district for the time being shall be ex officio trustees of the supreme court library at Saratoga, and the same shall be under the care and management of the said trustees; and it shall be the duty of the said justices, by a majority of their said number, from time to time to make orders, rules and regulations touching the care, man- agement, protection and due preservation of the said library, and prescribe penalties for the violation thereof, and they may sue for and recover such penalties for violation thereof, and may maintain actions for injuries to said library. They may procure proper furniture for said library, hire suitable rooms, appoint a suitable librarian, provide fuel and lights, and defray all incidental ex- penses of the care and management of the said library. All appropriations made for said library shall be paid to said trustees, to be by them disbursed in the purchase of books for said library. The said trustees shall report annually to the trustees of the state library the catalogue of books in the said library, and the state and condition thereof. The trustees of the state library are hereby authorized to place in said library any duplicates of books in their possession not needed in the state library. § 1172. Supreme court library at Utica. A jus- tice of the supreme court residing in the city of Utica, if there be a resident justice in said city, and if not, a justice of the su- 230 ITEW YOEK STATE EDUCATION DEPARTMENT preme court residing in the county of Oneida, is hereby authorized to appoint from year to year beginning September first, nineteen hundred and eight, a librarian to take charge of the law library in the fifth judicial district, located in the city of Utica, who shall be paid a salary to be fixed by said judge not exceeding one thousand dollars per year. The said judge may also appoint an assistant librarian if in his judgment such assistant is necessary, who shall hold office during the pleasure of said judge, and who shall be paid a salary fixed by him not exceeding six hundred dollars per year. Said salaries shall be payable on the certificate of the said justice of the supreme court residing in the city of Utica, if there be such justice, and if not, on the certificate of a justice of the supreme court residing in the fifth judicial district, out of the moneys raised in the county of Oneida for court ex- penses by the treasurer thereof, upon the presentation of such certificate. § 1173. Supreme court library at Binghamtou. All books purchased for the supreme court library, located at Binghamton, under and in pursuance of the laws of the state relating thereto shall be purchased by the justice of the supreme court residing at that place, or if there be no justice there, then by the justice residing nearest to the city of Binghamton. The books so purchased shall be paid for on the order of such justice. The librarian of such library shall be appointed by said justice, and shall hold office during his pleasure. The salary of said libra- rian shall be paid monthly in each year, and the amount thereof shall be fixed in the month of October in each year for the follow- ing year by said justice, which shall be paid by the county of Broome, but shall not exceed six hundred dollars in any one year. Said librarian shall be subject in all respects to the direction of said justice, and shall be governed by such rules and regulations as he shall make from time to time. The board of supervisors of Broome county shall provide a suit- able room or rooms and suitable cases in the court-house at Bing- hamton for said supreme court library. The contingent expenses of said library, except for the purchase of books, shall be paid as heretofore by the county of Broome; which contingent expenses must be first certified to be correct by one of said justices or by the county judge of said county. Said court may have said library insured for the benefit of said library and the policies made pay- able to the clerk of the county of Broome and any insurance money EDUCATION LAW 231 received shall be invested and shall be paid out bj said clerk under the orders of the justice of the supreme court charged with the purchase of books for said library, in restoring said library, in purchasing additional books therefor and in paying expenses neces-^ sarily incurred by reason of a fire in removing and caring for said library and in adjustment of the loss under the policies of insur- ance thereon. The librarian of said library shall, upon the written request of any justice of the supreme court of such district, send to said justice any of the books contained in said library, and pay the charges for sending and returning the same. The sum so paid by him shall be repaid to him out of any moneys appropriated for the support or maintenance of said library, upon being duly certified by a majority of the justices of the supreme court of said district. § 1174. Supreme court library at Delhi. The jus- tices of the supreme court of the sixth judicial district, or a majority of them, shall appoint a librarian for the supreme court library, located at Delhi, Delaware county, which librarian shall hold his office during the pleasure of said justices. Such appoint- ment shall be in writing and signed by a majority of said justices and filed in the office of the clerk of Delaware county. The salary of such librarian shall be five hundred dollars per annum, and shall be paid in quarterly payments of one hundred and twenty- five dollars each, on the last day of each of the months of March, June, September and December of each year, by the county treas- urer of the county of Delaware, from the funds in his hands as such treasurer. Said librarian shall be subject to the directions of said justices, and shall be governed by such rules and regulations as they shall make from time to time. § 1175. Supreme court library at Elmira. The supreme court library at Elmira shall be under the care and man- agement of a board of trustees which board shall consist of three members who shall be appointed by the governor from among the members of the Chemung county bar who shall have practiced law for at least ten years. At the expiration of the terms of the trustees now in office the governor shall appoint their successors, each of whom shall serve for three years and until his suc- cessor is appointed. All appropriations made for said library shall be paid to said trustees, to be by them or a majority of them disbursed in the purchase of books for said library. The 232 NEW YORK STATE EDUCATIOI^ DEPARTMENT said trustees may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penal- ties, and may maintain actions for injuries to said library. They may procure proper furniture for said library; hire suitable rooms; provide fuel and lights; and defray all the incidental ex- penses of the care and management of said library, including the insurance thereof. The amounts required therefor shall be paid by the treasurer of the county of Chemung, upon the certificate of the resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court of the district, out of the moneys raised in said county for court ex- penses, which sums, as well as the salary of the librarian hereafter specified, shall be a county charge upon said county of Chemung. The librarian of said library shall be appointed by said board, and shall hold office during the pleasure of said board. The salary of said librarian shall be paid quarterly on the first days of Janu- ary, April, July and October in each year and the amount thereof shall be fixed in the month of October in each year for the follow- ing year by said board, but such salary shall not exceed six hun- dred dollars in any year, and the same shall be paid by the treasurer of the county of Chemung out of the moneys raised in said county for court expenses, upon the certificate of the resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court in the district. Said librarian shall be subject to the directions of said board and shall be governed by such rules as it shall from time to time make. § 1176. David L. Follett memorial library at Nor- ivich. The supreme court library at N^orwich, known as " The David L. Follett Memorial Library " shall be under the care and management of a board of trustees which board shall con- sist of five members who shall be appointed by the governor from among the members of the Chenango county bar who shall have practiced law for at least ten years. At the expiration of the terms of the trustees now in office the governor shall appoint their successors, each of whom shall serve for five years and until his successor is appointed. The said board of trustees shall have power to receive by gift or devise, any property conveyed for the purpose of a law library and hold and manage the same and maj make rules and regulations for the management and protection of EDUCATION" LAW 233 said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to said library or its property. They may procure proper furniture for said library ; hire suitable rooms ; provide fuel and lights, and defray all the incidental expenses of the care and management of said library, including the proper insurance thereof. The amounts required therefor shall be paid by the treasurer of the county of Chenango, upon the certificate of a resident justice of the supreme court, if there be one, and if not, upon the certifi- cate of any justice of the supreme court of the sixth judicial dis- trict, out of the moneys raised in said county for court expenses, which sums as well as the salary of the librarian hereinafter speci- fied, shall be a county charge upon said county of Chenango. All appropriations made for said library shall be paid by the treasurer of the state to said trustees, to be by them or by a majority of them disbursed in the purchase of books for said library and for the necessary rebinding of the same. The librarian of the said library shall be appointed by said board, and shall hold office during the pleasure of said board. The salary of said librarian shall be paid quarterly on the first days of January, April, July and October in each year and the amount thereof shall be fixed in the month of October in each year for the following year by said board, but such salary shall not exceed five hundred dollars in any year, and the same shall be paid by the treasurer of the county of Chenango out of the moneys raised in said county for court expenses upon the certificate of the resi- dent justice of the supreme court, if there be one; and if not upon the certificate of any justice of the supreme court in said district. Said librarian shall be subject to the direction of the said board and shall be governed by such rules as it shall from time to time establish and ordain. § 1177. Supreme court library at Buffalo. The supreme court library at Buffalo shall be under the care and management of the present trustees and their successors in office ; who shall be known as the trustees of the law library of the eighth judicial district. In case of a vacancy in said board of trustees it shall be filled at a term of the appellate division of the supreme court of the fourth judicial department, by the justices thereof, who shall appoint to such vacancy either a justice of the supreme court residing in the eighth judicial district or an attorney and counselor at law residing in the eighth judicial district and of at 2S4: NEW YOEK STATE EDUCATION DEPARTMENT least ten years' staiKJing at the bar; provided, however, that at all times at least four of the trustees of said library shall be residents of the county of Erie. All appropriations made for said library shall be paid to the said trustees, to be by them disbursed in the purchase of books, and in the repair of books, for said library. The said trustees shall appoint a suitable person librarian of said library, who shall receive an annual salary of two thousand five hundred dollars, to be paid by the comptroller in monthly instalments, upon the certificate of the treasurer of the trustees of said library, which said amount shall be levied and assessed by the comptroller, one-half upon the county of Erie, and the residue thereof upon the several remaining counties constituting the eighth judicial district, in proportion to the assessed valuation of the real and personal property in said counties. The said trustees may make rules and regulations for the management and protection of said library, and prescribe penalties for the violation thereof ; and may sue for and recover such penalties, and may maintain actions for injuries to said library; they may procure proper furniture for said library, hire suitable rooms, employ assistants to said librarian, provide fuel and lights, and defray all the incidental expenses of the care and management of said library; they shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of supervisors of Erie county, who shall pay the same. They shall yearly make a report to the regents of the university of the state of said library. The said library shall be maintained as a free public library for the use of the people of the state, the supreme court of the eighth judicial district, and the local courts of the county of Erie and of the city of Buffalo. [Amended hy L. 1911, ch. 58, in effect April 5, 1911.] § 1178. Supreme court library at AVhite Plains. The supreme court library at White Plains shall be under the care and management of a board of trustees, which board shall consist of ^yb members, who shall be appointed by the governor, from among the members of the Westchester county bar, who have practiced law for at least ten years. At the expira- tion of the terms of the members of said board of trustees now in office the governor shall appoint successors to said trustees, who shall serve for five years and until their successors have been appointed. The said board of trustees shall have power to receive by gift, devise or bequest any property given or conveyed for the purpose of a law library, and hold and manage the same, and may EDUCATION LAW 235 make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to said library or its property. They may pro^ cure proper furniture for said library ; hire suitable rooms, provide fuel and lights and defray all the incidental expenses of the care and management of said library including the proper insurance thereof. The amounts required therefor shall be paid by the treas- urer of the county of Westchester, upon the certificate of a resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court of the ninth judicial district, out of the moneys raised in said county for court expenses, which sums, as well as the salary of the librarian hereinafter specified, shall be a county charge upon said county of Westchester. All appropriations made by the state for said library for purposes not hereinbefore otherwise provided for shall be paid by the treasurer of the state, upon the warrant of the comptroller, to said trustees to be by them, or a majority of them, disbursed in the purchase of books for said library and for main- tenance and supplies. The librarian of said library, who shall be a regularly admitted attorney and counselor-at-law who has prac- ticed law for at least fi\^ years, shall be appointed by said board cf trustees and shall hold office during the pleasure of said board. The amount of the salary of said librarian shall be fixed by said board of trustees, and shall be paid in monthly instalments by the treasurer of the county of Westchester out of the moneys raised in said county for court expenses, upon the certificate of a resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court of the ninth judicial district. Said librarian shall be subject to the direction of the said board of trustees and shall be governed by such rules as it shall from time to time establish and ordain. § 1179. Supreme court library at Troy. The su- preme court library at Troy shall be under the care and man- agement of a board of trustees, which board shall consist of three members, who shall be appointed by the governor from among the members of the Eensselaer county bar, who shall have prac- ticed law in said county for at least ten years. At the expiration of the terms of the members of said board of trustees now in office the governor shall appoint successors to said trustees who shall serve for three years and until their successors have been ap- pointed. The said board of trustees shall have power to receive, ^36 NEW YORK STATE EDUCATION DEPARTMENT by gift or devise, any property conveyed for the purpose of a law library and hold and manage the same and may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to said library or its property. They may procure proper furniture for said library; and defray all the incidental expenses of the care and management of said library, including insurance thereof and telephone service. The amounts required therefor shall be paid by the treasurer of the county of Eensselaer, upon the certificate of a resident justice of the supreme court, if there be one, and if not upon the certificate of any justice of the supreme court of the third judicial district, out of the moneys raised in said county for court expenses, which sums as well as the salary of the librarian hereinafter specified, shall be a county charge upon said county of Eensselaer. All appropriations made for said library shall be paid by the treasurer of the state to said trustees to be by them or by a majority of them disbursed in the purchase of books for said library and for the necessary rebinding of the same. The board of supervisors of E-ensselaer county shall provide within the court house in the city of Troy, suitable rooms for said library, and shall provide heat and light therefor. The librarian of the supreme court library at Troy shall be appointed by said board, and shall hold office during the pleas- ure of said board. The salary of said librarian shall be paid quarterly on the first days of January, April, July and October in each year and the amount thereof shall be fixed in the month of October in each year for the following year by said board, and the same shall be paid by the treasurer of the county of Rensselaer out of the moneys raised in said county for court ex- penses upon the certificate of the resident justice of the supreme court, if there be one; and if not upon the certificate of any jus- tice of the supreme court in said district. Said librarian shall be governed by such rules as it shall from time to time establish and ordain. § 1180. City court of the city of New York. The law library of the city court of the city of 'New York shall be kept in the court house thereof, and shall be in the care and custody and under the control of the justices of the said court, who shall be the trustees thereof. The said trustees may make rules and reg- ulations for the management and direction of the said library and prescribe penalties for the violation thereof. They may sue for EDUCATION LAW 237 and recover said penalties and may maintain actions for injury to said library. They may appoint a librarian, whose salary shall be fixed by the board of estimate and apportionment of said city. The said librarian shall, in addition to the duties of taking caTe of the books of the library, also perform such duties in relation to the custody and distribution of the stationery and other supplies furnished for the use of the city court, and such other duties, as the justices direct. The said trustees may procure furniture for said library and shall defray all the expenses incidental to its care and management. They shall yearly ascertain the amount neces- sary for the aforesaid purposes and certify it to the board of esti- mate and apportionment of the city of 'New York, which shall include in the annual budget such sums as said board may deem advisable, which sums shall be paid by the city of l^ew York. [Added by L. 1911, ch. 824.] § 1180. Supreme court library in Queens county. There is hereby established a law library in the second judicial dis- trict, to be located in the county of Queens in the borough of Queens in the city of New York, which shall be designated as the supreme court library in the county of Queens. The said library shall be under the care and management of a board of trustees which shall consist of five members who shall be appointed by the resident supreme court justice or justices of the county of Queens from among the members of the Queens county bar who have practiced law for at least ten years. If there shall be no resident Supreme court justice in the county of Queens, then the appoint- ment of the trustees shall be made by a majority of the justices of the appellate division of the supreme court for the second judi- cial department. Upon the passage of this act there shall be appointed in the manner above mentioned, one member of said aboard of trustees who shall serve until the thirty-first day of December, nineteen hundred and eleven; one member who shall serve until the thirty-first day of December, nineteen hundred and twelve; one member who shall serve until the thirty-first day of December, nineteen hundred and thirteen; one member who shall [serve until the thirty-first day of December, nineteen hundred and fourteen; and one member who shall serve until the thirty- first day of December, nineteen hundred and fifteen. At the ex- [piration of such terms there shall be appointed in the manner above mentioned, successors to said trustees, each of whom shall I serve for ^we years and until his successor shall be appointed. 238 NEW YORK STATE EDUCATION DEPARTMENT The said board of trustees shall have power to receive by gift, devise or bequest any property given or conveyed for the purpose of a law library and hold and manage the same and may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties and may maintain actions for any injury to the said library or its property. They may procure proper furniture for said library; hire suitable rooms; provide fuel and lights and defray all incidental expenses of the care and management of said library, including the proper insurance thereof, and employ and appoint such persons as they may think necessary for the proper care, management and main- tenance of said library, said appointees and employees to be selected from the appropriate civil service eligible list as required by law. They shall yearly ascertain the amount necessary for the aforesaid purposes and certify it to the board of estimate and apportionment of the city of JSTew York, which shall include in the annual budget such sums as said board of estimate shall deem advisable, which sums shall be paid by the city of 'New York. All appropriations made by the state for the said library for purposes not otherwise herein provided for shall be paid by the treasurer of the state upon the warrant of the comptroller to the said trustees, to be by them, or a majority of them, disbursed in the purchase of books for said library. \_Added hy L. 1911, ch, 557.] ARTICLE 45-A. State School of Ag-riculture on Long* Island. Section 1185. Establishment and control. 1186. Immediate supervision and management. 118i7. Instruction and other operations. 1188. Establishment of an advisory board. § 1185. Establisliinent and control. There shall be established on Long Island an institution to be known as the New York State School of Agriculture on Long Island. The com- missioner of education shall have the same general powers and duties in respect thereto as possessed by such commissioner con- cerning the schools and institutions mentioned in subdivisions two, three and four of section ninety-four of this chapter. § 1186. Immediate supervision and management. EDUCATION LAW 239 Such school and the school property shall be under the immediate supervision, care and management of a board of nine trustees, of whom the governor shall appoint one from each of the five bor- oughs of the city of New York, two from the county of I^Tassau and two from the county of Suffolk. They shall be so appointed that the terms of office of three trustees shall expire each year. All trustees shall serve without pay. The board shall have the power to employ, and at discretion remove, a director, teachers and such other persons as it may deem necessary to the welfare of the school ; to fix the respective compensations, and to do all other things lawful and necessary to carry into effect the objects and purposes of this article; subject, however, to the general supervision of the commissioner of education. Students bona fide residents of the state shall have free tuition. All moneys received for the school, except moneys from the state treasury and donations, shall bo reported and forwarded monthly to the state treasurer. § 1187. Instruction and other operations. Such school shall furnish instruction and training in agricultural sci- ence, manual arts and domestic science; courses for public school teachers and others; winter courses for farmers and others, and such other operations as may be approved by the trustees and the commissioner of education. The provisions of section six hun- dred and seven of this chapter apply to such school. § 1188. Establislinient of an advisory board. The director of the state college of agriculture at Cornell University, the commissioner of agriculture and the director of the state agri- cultural experiment station, together with the commissioner of education and the president of the board of trustees of such school, shall constitute for the school an advisory board whose function shall be to render advice concerning matters of instruction and other operations of the school, particularly when so requested by the commissioner of education or by the board of trustees. L. 1912, ch. 319. § 2. The governor shall appoint the members of the board of trustees of such school within thirty days after this act takes effect. § 3. The board of trustees may acquire, in the name and for the benefit of the state, by gift, devise, grant or purchase, any lands situated in the counties of Nassau and Suffolk, or in either of them, suitable for the purposes of such school. The sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act. The sum of ten thousand dollars, or so much thereof as may be necessary, may be used for the acquision of such school lands, and the remainder of such fifty thousand dollars for constructing and equip- ping a suitable school building and minor structures. The school land shall 240 NEW YORK STATE EDUCATION DEPARTMENT be selected and acquired, and the structures thereon erected and equipped, by the board of trustees of such school, with the advise and assistance of the state architect, the commissioner of agriculture and the commissioner of edu- cation together acting as a board. Of the amount thus appropriated, ten thousand dollars shall be available on October first, nineteen hundred and twelve, and the remaining forty thousand dollars on October first, nineteen hundred and thirteen. Such moneys shall be paid by the treasurer on the warrant of the comptroller, upon vouchers audited and approved by the board of trustees and by at least two members of such board of three state officials; but no payment shall be made on account of any land acquired unless the voucher therefor shall be accompanied with a certificate of the attorney- general approving the title and form of conveyance. ARTICLE 46 Iiaipvs Repealed; Savins' Clause; When to Take Effect Section 1190. Laws repealed. 1191. Saving clause. 1192. When to take effect. § 1190. Laws repealed. Of tlie laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 1191. Saving clause. Nothing herein contained shall be construed to impair or in any manner affect or change any special law touching the schools or school system of any city or in- corporated village unless the same is so stated. § 1192. When to take effect. This chapter shall take effect immediately. Schedule of Laws Repealed. Revised Statutes Part 1, chapter 9, title 8 All Revised Statutes Part 1, chapter 15, title 1 All Revised Statutes Part 1, chapter 15, title 2 All Revised Statutes Part 1, chapter 15, title 3 All Revised Statutes Part 1, chapter 15, title 4 All Revised Statutes. . . Part 1, chapter 15, title 5 All Laws of Chapter Section 1784 51 All (7th Sess.) 1784 15 All (8th Sess.) 1787 82 All 1791 45 All 1795 75 All 1796 49 All EDUCATION LAW 241 I Laws of Chapter Section 1797 34 All 1798 48 All 1801 189 3 1801 195 28 1802 30 All 1807 135 All 1808 218 All 1809 156 4 1810 85 10 1811 246 53, 64 1812 131 All 1812 242 All 1813 52 All 1813 100 All E. L. 1813.. . 59 All K. L. 1813... 82 17 1814 27 All 1814 .192 All 1815 207 All 1815 252 All 1816 202 All 1817 89 All 1818 276 All 1819 161 All 1819 164 All 1819 239 All 1820 224 All 1821 48 All 1821 61 All 1821 73 All 1821 240 2 1822 234 All 1822 256 All 1823 189 All 1823 193 All 1823 269 27 1824 131 All 1824 239 22 1824 276 9 1825 166 1-3,5 i i 242 NEW YORK STATE EDUCATION DEPARTMENT 1 Laws of Chapter Section i 1825.... 203 . All 1826.... 30 . All 1827.... 97 . 2-4 1827.... ^... 293 . All 1828 .... 21 . 1, Tfl 227, 267, 282, 411, 418, 442, 500, 524 (2d meet.) 1829 .... 287 . 2-9 1829 .... 376 . 5 1830.... .... 170 . All 1830.... 219 . All 1830.... 240 . 16, pt. affecting R. S., Pt. 1, Ch. 15, Tit. 2, Art. 1, § 3 1830.... .... 284 . 2 1830.... .... 320 . 5-7 1831.... 44 . All 1831.... .... 142 . All 1831.... .... 206 . All 1832.... .... 223 . All 1832.... .... 299 . All 1832.... .... 317 . All 1833 19 . All 1833 109 . All 1834.... 140 .AH 1834.... 241 . All 1835 34 . All 1835.... 80 . All 1835.... .... 123 . AU 1835... .... 138 . 1 1835 .... 308 . All 1836... 142 . All 1836.... .... 226 . 1-3 1836 .... 228 . 2-4 1836. .. 399 . 4 1836... 511 . 3 1837... 200 . All 1837. .. .... 241 . All 1837. .. .... 298 . All 1838... 244 . All J839. .. .... 177 . All 1839... 200 . All EDUCATION LAW 243 Laws of Chapter Section 1839 226 All 1839 315 1, 2 1839 330 All 1840 174 2 1840 366 All 1840 381 All 1841 163 All 1841 260 All 1842 142 All 1842 150 4 1842 273 All 1843 85 All 1843 133 All 1844 234 All 1844 254 All 1844 255 All 1844 261 All 1844 311 All 1844 320 50, pt. repealing L. 1842, Ch. 150 1845 14 2 1845 85 All 1845 179 All 1846 45 AH 1846 QQ All 1846 132 AH 1846 186 All 1846 323 All 1847 50 All 1847 172 All 1847 190 All 1847 208 3 1847 211 AH 1847 212 All 1847 273 AH 1847 358 AH 1847 361 AH 1847 388 AH 1847 443 All 1847 480 AH 244 NEW YOKK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1847 . . 485 . . All 1848 . . 262 . . 2-4 1848 . . 318 .. All 1849 . . 140 . . All 1849 . . 175 . . All 1849 . . 266 . . All 1849 . . 300 . . All 1849 . . 382 . . 1-12, 14-16 1849 . . 388 . . All 1849 . . 404 . . All 1850 7 . . All 1850 . . 51 .. 1 1850 89 . . All 1850 .. 184 . . All 1850 .. 261 . . All 1850 .. 360 .. All 1850 .. 378 .. All 1851 .. 151 .. All 1851 .. 425 . . All 1851 .. 449 . . All 1851 .. 500 . . All 1851 .. 544 . . All 1852 .. 97 .. All 1852 .. 333 . . 2-4 1852 .. 366 . . All 1853 78 .. All 1853 .. 115 . . All 1853 .. 184 . . All 1853 .. 185 . . All 1853 .. 402 .. All 1853. ..:.. .. 433 . . All 1853 .. 491 .. All 1854 80 .. All 1854 .. 97 .. All 1854 .. 167 .. All 1854 .. 228 .. All 1854 .. 272 .. 1-3 1855 18 .. All 1855 50 . . All 1855 .. 91 .. All EDUCATION LAW 245 I Laws of Chapter Section 1855 178 All 1855 410 All 1855 471 1-3 1855 539 1 pt. relating to indigent blind 1856 51 All 1856 71 All 1856 168 All 1856 179 All 1856 180 All 1856 186 All 1857 51 3,4 1857 527 All 1858 151 All 1858 290 All 1859 230 All 1859 278 All 1859 395 All 1859 426 All I860 314 All I860 402 All 1860 456 All 1862 351 All 1862 384 All 1862 450 All 1863 325 All 1863 378 All 1863 401 All 1863 418 All 1863 463 All 1864 386 All 1864 555 All 1864 556 7M1 1864 583 All 1865... 445 All 1865 585 All 1865 587 All 1865 647 All 1865 722 All 1866 78 All 1866 466 All " , 246 NEW YORK STATE EDUCATION DEPART^tENT Laws of Chapter Section 1866 . . 520 . . All 1866 . . 708 . . All 1866 . . 800 . . All 1866 . . 882 . . All 1867 84 . . All 1867 . . 406 . . All 1867 .. 583 . . All 1867 .. 725 . . All 1867 .. 744 . . All 1867 .. 763 . . All 1867 .. 819 . . All 1869 .. 18 . . All 1870 60 . . All 1870 .. 166 . . All 1870 .. 180 . . All 1870 . . 492 . . 2, commencing " The local boards " and ending ^' tho respective schools " 1870...... .. 557 . . All 1870 .. 565 . . All 1871 .. 166 . . All 1871 .. 329 . . All 1871 .. 359 . . All 1871 .. 548 . . All 1871 .. 711 . . All 1871 .. 746 ..All 1871 .. 747 ..All 1872 .. 392 . . All 1872 .. 616 . . All 1872 .. 654 . . All 1872 .. 670 . . All 1873 .. 463 .. All 1873 .. 642 . . 4-11 1874 .. 45 . . All 1874 .. 253 . . All 1874 . . 421 .. All 1874 .. 514 . . All 1875 . . 176 . . All 1875 .. 213 . . All 1875 .. 322 , . All EDUCATION LAW 254 i Laws of Chapter Section 1875 . . 372.. All 1875 . . 567.. All 1876 50.. All 1876 .. 132.. All 1876 .. 318.. ...... All 1876 .. 372.. All 1876 .. 374.. All 1877 33.. All 1877 94.. ...... All 1877...... .. 161.. All 1877 .. 163.. All 1877 .. 219.. All 1877 .. 413.. All 1877 .. 425.. 1-6 1878 .. 173.. All 1878 .. 174.. All 1878 .. 248.. All 1879...... . . 134.. All 1879 .. 264.. All 1879 , .. 289.. All 1879 , .. 396.. All 1879 , .. 405.. All 1880 9.. All 1880 27.. All 1880 . .. 210.. All 1880 . .. 348.. All . 1880 . .. 355.. All 1880 . .. 400.. 3 1880 . .. 455.. All 1880 . .. 514.. All 1880 . .. 527.. All 1880 . .. 549., ....... 1, so far as amendatory of L 1879, Ch. 272 1881 . .. 120.. All 1881 . .. 223.. All 1881 . .. 281., All 1881 . .. 377., ....:.. All 1881 . .. 492. All 1881 . .. 528., All 1881 . .. 632. All 2i8 NEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1881 . . 675 . . All 1882 51 . . All 1882 . . 115 . . All 1882 . . 116 . . All 1882 . . 147 . . All 1882 . . 318 . . All 1882 . . 319 . . All 1882 . . 333 . . All 1882 . . 381 . . All 1883 . . 75 . . All 1883 . . 172 . . All 1883 . . 250 . . All 1883 . . 270 .. All 1883 . . 275 . . All 1883 . . 294 . . All 1883 . . 328 . . All 1883 . . 355 ..2-4 1883 . . 413 .. All 1883 . . 414 , . All 1883 . . 423 , . All 1884 30 . . All 1884 . . 49 , . All 1884 89 . . All 1884 . . 179 . . All 1884 , . . 248 . All 1884 . . 413 , . All 1884 . . 427 . . All 1885 58 , . All 1885 . . 146 . 1 1885 . . 340 . 1-11 1885 , . . 533 ,, All 1886 . . 121 . All 1886 , . . 199 ,. All 1886 . . 292 . All 1886 , . . 413 , . 1, beginning " and it sLall be the duty of " and ending " of the state " 1886 . . 428 . All 1886 . . 493 . All EDUCATION LAW Laws of Chaptei Section 1886 .. 591... All 1886 .. 595... All 1886 . . 614... All 1886 . . 615... All 1886 .. 655... All 1887 14... All 1887 . . 291... All 1887 . . 318... All 1887 . . 333... All 1887 . . 334... All 1887 . . 335... All 1887 . . 538... All 1887 . . 540... All 1887 . . 592... All 1887 . . 602... All 1887...... . . 652... All 1887 . . 672... All 1887 . . 675... All 1887 . . 709... All 1888 . . 27... All 1888 . . 196... All 1888 . . 209... All 1888 . . 331... All 1888 . . 334... All 1888 . . 337... All 1888 . . 444... All 1888 . . 533... All 1889 25... All 1889 . . 77... 1 1889 90... All 1889 . . 137. . All 1889 . . 139... All 1889 . . 142... All 1889 . . 245... All 1889 . . 328... All 1889 . . 333... All 1889 . . 517... All 1889 . . 529... All 1890 . . 73... All 219 250 BfEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1890 . . 74 . . All 1890 . . 170 . . All 1890 . . 175 . . All 1890 . . 197 . . All 1890 . . 352 . . All 1890 . . 431 . . All 1890 . . 469 . . All 1890 . . 524 .. All 1890 . . 526 . . All 1890 . . 534 . . All 1890 . . 548 . . All 1891 . . 303 .. All 1891 . . 329 . . All 1891 . . 377 . . All 1892 36 . . All 1892 . . 152 . . All 1892 . . 214 . . All 1892 . . 280 . . All 1892 . . 352 . . All 1892 . . 378 . . All 1892 . . 573 .. All 1893 6 . . All 1893 58 . . All 1893 63 .. All 1893 . . 484 .. All 1893 . . 485 . . All 1893 . . 488 . . All 1893 . . 500 . . All 1893 . . 636 . . All 1893 . . 706 .. All 1894 .. 327 .. All 1894 . . 229 . . All 1894 . . 443 . . All 1894 . . 488 .. All 1894 . . 556 .. All 1894 . . 671 . . All 1895 . . 87 , . All 1895 . . 222 . . All 1895 . . 223 .. All EDUCATIOI^^ LAW 251 Chapter Section 231 All 232 All 273 All - -- 274 All 337 All 341 2 362 1, 2 546 All 550 All 553 10 563 All 577 All 630 All 767 All 768 All 769 • All 853 All 859 All, except pt. amending L. 1892, Oh. 378, § 19, last two sentences 988 All 1031 All 1041 All 71 All 156 All 165 All 177 All 196 All 238 All 264 All 434 All 467 All 493 All 575 All 586 All 606 All 646 All 901 All 252 NEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1897 97 All 1897 185 All 1897 195 All 1897 224 All 1897 293 All 1897 294 All 1897 466 All 1897 482 All 1897 495 All 1897 512 All 1897 689 All 1898 122 All 1898 223 All 1898 481 All 1898 649 All 1899 440 All 1899 489 All 1899 540. All 1900 22 All 1900 258 All 1900 301 All 1900 481 All 1900 490 3 1900 492 All 1901 85 1 1901 201 All 1901 343 All 1901 480 All 1901 492 All 1901 498 All 1901 592 All 1901 644 1, part begliming "All persons " and ending " proper regula- tions " 1902 16 All 1902 32 All 1902 185 All .1902 316 All EDUCATION LAW Laws of Chapter Section 1902 . . 325... All 1902 . . 393... All 1903 62... All 1903 . . 112... All 1903 . . 125... All 1903 . . 175... All 1903 . . 223... All 1903 . . 233... All 1903 . . 265... All 1903 . . 289... All 1903 . . 459... All 1903 . . 463... All 1903 . . 489... All 1903 . . 576... All 1904 . . 37... All 1904 . . 40... All 1904 . . 166... All 1904 . . 254... All 1904 . . 281... All 1904 . . 305... All 1904 . . 322... All 1904 .. 390... All 1904 .. 424... All 1904 . . 427... All 1904 . . 677... All 1905 .. 97... All 1905 . . 119... All 1905 .. 154... All 1905 .. 161... All 1905 .. 252... All 1905 .. 258... All 1905 .. 280... All 1905 .. 311... All 1905 .. 562... All 1905 .. 563... All 1906 1... All 1906 58... All 1V)06 64... All 253 254- NEW YORK STATE EDUCATION DEPARTMENT Laws of Chapter Section 1906 . . 150 . . All 1906 . . 200 . . All 1906 . . 218 . . All 1906 . . 682 .. 3, 4 1906 . . 698 . . Ail 1907 . . 103 .. All 1907 . . 184 .. All 1907 . . 186 .. All 1907 . . 496 .. 4 1907 . . 585 . . All 1907 . . 606 . . All 1907 . . 608 . . All 1907 . . 609 . . All 1908 . . 79 .. All 1908 . . 200 .. 3 1908 . . 201 . . 2-4, 7 1908 . . 202 . . All 1908 . . 249 .. All 1908 . . 263 1-5 ; 6, first sentence; 7 1908 . . 304 . . All 1908 . . 365 . . All 1908 . . 476 . . Ail 1908 . . 482 .. All 1908 . . 499 . . All 1909 1 . . All 1909 . . 141 . . All 1909 . . 252 . . Ail 1909 . . 263 .. All 1909 .. 404 . . All 1909 . . 406 . . All 1909 . . 409 . . All 1909 . . 415 .. AU EDUCATION LAW 255 TABLE SHO^VING DISPOSITION OF EDUCATION LAW^ (L. 1909, AMENDATORY ACT OF 1910 Section Vf act of 1&09 1 2 20 21, 22. 23, 24. 25, 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. [•...[ Section of act of 1910 1 2 120 121 127 123 124 125 128, 129 130 131 132 134 135 136 137 138 139 140 141 142 144 143 145 146 147 148 149 150 151 152 133 Section of act of 1909 60. 61. 62. 80. 81. 82. 83. 84. 85. 86. 87. 88, 89. 90. 91. 92. 93. 94. 95, 96. 97, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120 OF SECTIONS Ch. 21) IN (Ch. 140) Section — of act of 1910 170 171 172 190 191 192 193 194 19'6 197 195 198 199 20O 201 202 203 204 205 206 207 450 451, 452 453 454 455 456 457 458 459 460 461 256 NEW YORK STATE EDUCATION DEPARTMENT Section Section Section Section of act of of act of of act of of act of 1909 1910 1909 1910 121 462 198 276 122 463 199 277 123 464 200 278 124 465 201 279' 125 466 202 280 126 467 203 281 140 222 204 282 141 221 205 283 142 224 220 30O 143 225 221 301 144 226 222 302 145 227 223 303 146 228 224 305 147 22^ 225 306 148 230 226 307 149 232 227 308 150 233 228 309 151 234 229 310 152 235 230 312 170 250- 231 313 171 251 232 314 172 252 2.33 315 173 253 . 234 316 174 254 235 317 175 255 236 318 176 256 237 319 177 257 238 320 190 270 239 Eepealed (See 191 271 97.) 192 272 240 310, subd. 20 193..... 273 241 321 194 274 242 323 195 275, subds. 1-3, 243 324 5-11, 13; §284 244 325 1% 275, subds. 14-19 245 326 197c 275, subd. 17 246 Eepealed EDUCATION LAW 257 Section Section of act of of act of 1909 1910 247 327 248 328 26'0 340 261 341 280 360 281 361 282 362 283 363 284 364 285 365 30O. . .-. . 380 301 381 302 382 303 383 304 384 305 385 306 386 307 387 308 388 309 389 310 390 311 391 312 392 313 393 314 394 315 395 330 90-93 331 94 332 25 333 Repealed 334 Repealed 335 26 336 94, subd. 7 337 94, subd. 8 338 95 339 94, subd. 9 Section Section of act of of act of 1909 1910 340 94, subd. 10 341 97-98 360 880 361 881 362 882 380 410 381 411 382 412 383 413 384 414 385 415 386 . 440 387 440 387-a.... 440 388 416 389 417 390 418 391 419 392 420 393 421 394 422 395 423 396 424 397 425 398 426 399 427 400 428 401 429 402 430 403 431 404 432 405 433 40'6 434 407 435 408 436 409 437 '.>n; NEW YOEK STATE EDUCATION DEPARTMENT Section Section Section Section of act of of act of of act of of act of 1909 1910 1909 1910 410 438 611 861 411 439 512 8&2 430 480 530 621,622,623 450 490 531 624, 625 451 491 532 626, 627 452 492 533 628 453 493 534 629,630,631 454 494 535 632 455 495 536 633, 634 456> 496 537 635 457 497 538 636 458 498 550 550 459 499 551 551 460 500 552 553, 554 461 501 553 555 462 502 554 556 180 520 555 557 481 521 656 558 482 522 657 559 483 523 658 560 484 524 559 Repealed 485 525 560 Repealed 486 52.6 561 Repealed 487 527 562 561 488 528 563 562 500 850 664 563 501 851 665 564 502 852 666 565 503 853 567 566 504 854 668 567 505 865 680 670 506 856 581 671 507 857 582 672 508 858 683 673 609 859 600 580-585 610 860 601 586 EDUCATION LAW S59 Section of act of 1909 Section of act of 1910 Section of act of 1909 602 Repealed 620 770 621 771 622 454 623 772, 774 624 Repealed Section of act of 1910 625. 626. 640. 641. 642. 773 775 790 791 792 64:3 Repealed 644. 645. 660. 661, 662. 663. 793 794 810 811 812, 813, 814 815 664 816, 817 665, 666. ^67. ^68. (69, 170. 171. \72. 173. !74. 175. i6. 177. 178. 818 819 820 821 822 823 824 825 826 827 828 829 830 831 n9 832, 833 roo 710 •1 711 ^02 712 9 703 713 720 730 721 731 722 732 723 733 740 750 741 751 742 752 T43 Repealed 760 690 761 691 T80 94, subd. 11 T81 94, subd. 11 800 Repealed 801 Repealed 802 Repealed 820 600, 601 821 602 822 60'3 823 604, 605 824 606 840 Repealed 860 900 861 901 862 902 880 940 881 941 882 942 883 943 900 Repealed 901 945 902 946, 947 903 948 904 949 905 9-50 906 951 907 952 260 NEW YORK STATE EDUCATION DEPARTMENT Section Section Section fection of act of of act of ^'^^k'h^o"^ *'^Q^1^*'^ 1909 1910 1909 1910 908 953 982 922 909 954: lOOO 650 920 970' 1001 651 921 . 971 1002 652 922 972 1003 653 923 973 1004 654 924 974 1020 1110 9-25 975 1021 1111 926 976 1022 1112 927 977 1023 1113 928 978 1024 1114 929 979 1025 1115 930 980 1026 1116 940 990 1027 1117 941 991 1028 1118 942 992 1029 1119 943 993 1030 1120 944 994 1031 1121 945 995 1032 1122 946 996 1033 1123 947 997 1034 1124 948 998 1035 1125 949 999 1036 1126 950 1000 1037 1127 951 1001 1038 1128 952 1002 10.39 1129 953 1003 1040 1130 954 1004 1041 1131 955 100-5 1042 1132 956 1006 1043 1133 957 1007 1044 1134 . 958 1008 1045 1135 959 1009 1046 1136 • 960 1010 1047 1137 961 1011 1048 1138 ' 980 920 1049 1139 981 921 1050 1140 EDUGATION^ LAW 261 Section Section of act of of act of 1909 1910 1051 1141 105'2 1160 1053 1161 1054 11G2 1055 1163 1056 1164 1057 1165 1058 1166 1059 1167 1060 1168 1061 1169 1062 1170 1063 1171 1064 1172 1065 1173 1066 1174 1067 1175 10'68 1176 1069 1177 1070 1178 1071 1179 1080 40 1081 41 1082 42 1083 43 1084 44 1085 45 1086 46 1087 47 1088 48 1089 49 1090 52 1091..... 53 1092 54 1093 55 1094..... 66 Section Section of act of of act of 1909 1910 1095 57 1096 58 1097 59 1098 60 1099 61 1100 62 1101 63 1102 64 1103 65 1104 66^ 67 1105 68 1106 69 1120 1030 1121 1031 1122 1032 1123 1033 1124 1034 1125 1035 1126 1036 1127 1037 1128 1038 1129 1039 1140 1050 1141 1051 1142 1052 1160 1070 1161 1071 1162 1072 1180 1090 1181 1091 1182 1092 1183 1093 2000 1190 2001 1191 2002 1192 262 2S^EW YORK STATE EDUCATION DEPAETMEJ^T AF»F»KNDIX A OTHER LAWS RELATING TO SCHOOLS I. Constitutional provisions relating to education II. Taxation 1. Exemptions 2. Taxes on state lands 3. Taxation of banks, banking associations and indi- vidual bankers 4. Collection of taxes 5. Apportioning valuation of railroads, telegrapb, tele- phone and pipe line companies between school districts 6. Taxation in St. Lawrence county III. Vaccination of school children IV. Public holidays V. Actions by school trustees VI. Penal provisions relating to schools and school officers VII. Employment of children of school age 1. Employment in factories 2. Employment in mercantile establishments 3. Employment in street trades VIII. Einancial provisions IX. Eees of supervisor X. School commissioner districts XI. Liquors sold near school-houses XII. Savings banks in schools XIII. Legalizing school bonds ; rate of interest XIV. Agricultural education and country life advancement I. CONSTITUTIONAL PROVISIONS RELAT- ING TO EDUCATION Constitution, art, 9 § 1. Common schools. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. § 2. Higher education. The corporation created in the year 1784, under the name of the regents of the university of the state of New York, is hereby continued under the name of the OTHER LAWS RELATING TO SCHOOLS 263 university of the state of New York. It shall be governed and its corporate powers, which may be increased, modified or diminished by the legislature, shall be exercised, by not less than nine regents. § 3. Educational funds. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be respectively preserved invio- late. The revenue of the said common school fund shall be applied to the support of common schools ; the revenue of the said literature fund shall be applied to the support of academies; and the sum of $25,000 of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund. § 4. Restrictions of subsidies. Neither the state nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomina- tion, or in which any denominational tenet or doctrine is taught. II. TAXATION Provisions of Tax Law {L. 1909, ch, 62) relative to school taxes 1. Exemptions § 4. Exemption from taxation. The following property shall be exempt from taxation: 1. Property of the United States. 2. Property of this state other than its wild or forest lands in the forest preserve. ** ****** ** 3. Property of a municipal corporation of the state held for a public use, including real property held or used for cemetery pur- poses, and all lots and plats therein conveyed by the municipal corporation as places for the burial of the dead, except the portion of municipal property not within the corporation. 5. All property exempt by law from execution, other than an exempt homestead. But real property purchased with the pro- ceeds of a pension granted by the United States for military or naval services, and owned and occupied by the pensioner, or by 264 NEW YORK STATE EDUCATION DEPARTMENT his wife or widow, is subject to taxation as herein provided. Such property shall be assessed in the same manner as other real property in the tax districts. At the meeting of the assessors to hear the complaints concerning assessments, a verified application for the exemption of such real property from taxation may be pre- sented to them by or on behalf of the owner thereof, which appli- cation must show the facts on which the exemption is claimed, including the amount of pension money used in or toward the purchase of such property. If the assessors are satisfied that the applicant is entitled to the exemption, and that the amount of pension money used in the purchase of such property equals or exceeds the assessed valuation thereof, they shall enter the word " exempt " upon the assessment-roll opposite the description of such property. If the amount of such pension money used in the purchase of the property is less than the assessed valuation, they shall enter upon the assessment-roll the words " exempt to the extent of . . . dollars" (naming the amount) and thereupon such real property, to the extent of the exemption entered by the assessors, shall be exempt from state, county and general munic- ipal taxation, but shall be taxable for local school purposes, and for the construction and maintenance of streets and highways. If no application for exemption be granted, the property shall be subject to taxation for all purposes. The entries above required shall be made and continued in each assessment of the property so long as it is exempt from taxation for any purpose. The provi- sions herein, relating to the assessment and exemption of property purchased with a pension, apply and shall be enforced in each municipal corporation authorized to levy taxes. Exemption from execution of real property purchased with pension. Sec- tion 1393 of the Code of Civil Procedure provides as follows: The pay and bounty of a non-commissioned officer, musician or private in the military or naval service of 'the United States or the State of New York ; a land warrant, pension or other reward, heretofore or hereafter granted by the United States, or by a state, for military or naval services; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the military or naval service of the United States or a state; and the uniform, arms and equipments which were used by a person in that service, are also exempt from levy and sale, by virtue of an execution, and from seizure for nonpayment of taxes, or in any other legal proceeding; except that real property purchased with the proceeds of a pension granted by the United States for military or naval services, and owned by the pensioner, or by his wife or widow, is subject to seizure and sale for the collection of taxes or assessments lawfully levied thereon. [As amended 'by L. 1897, ch. 318.] OTHER LAWS RELATING TO SCHOOLS 265 7. The real property of a corporation or association organized exclusively for the moral or mental improvement of men or women, or for religious, bible, tract, charitable, benevolent, missionary, hospital, infirmary, educational, scientific, literary, library, pa- triotic, historical or cemetery purposes, or for the enforcement of laws relating to children or animals, or for two or more such purposes, and used exclusively for carrying out thereupon one or more of such purposes, and the personal property of any such oor^ poration shall be exempt from taxation. But no such corporation or association shall be entitled to any such exemption if any officer, member or employee thereof shall receive or may be lawfully en- titled to receive any pecuniary profit from the operations thereof, except reasonable compensation for services in effecting one or more of such purposes, or as proper beneficiaries of its strictly charitable purposes; or if the organization thereof for any such avowed purposes be a guise or pretense for directly or indirectly making any other pecuniary profit for such corporation or associa- tion, or for any of its members or employees, or if it be not in good faith organized or conducted exclusively for one or more of such purposes. The real property of any such corporation or association entitled to such exemption held by it exclusively for one or more of such purposes and from which no rents, profits or income are derived, shall be so exempt, though not in actual use therefor by reason of the absence of suitable buildings or improve- ments thereon, if the construction of such buildings or improve- ments is in progress, or is in good faith contemplated by such corporation or association ; or if such real property is held by such corporation or association upon condition that the title thereto shall revert in case any building not intended and suitable for one or more of such purposes shall be erected upon said premises or some part thereof. The real property of any such corporation not so used exclusively for carrying out thereupon one or more of such purposes but leased or otherwise used for other purposes, shall not be exempt, but if a portion only of any lot or building of any such corporation or association is used exclusively for carrying out thereupon one or more such purposes of any such corporation or association, then such lot or building shall be so exempt only to the extent of the value of the portion so used, and the remaining or other portion, to the extent of the value of such remaining or other portion, shall be subject to taxation; provided, however, that a lot or building owned and actually used 26Q KEW YOEK STATE EDUCATION DEPARTMENT for hospital purposes, by a free public hospital, depending for maintenance and support upon voluntary charity, shall not be taxed as to a portion thereof leased or otherwise used for the pur- poses of income, when such income is necessary for, and is actually applied to the maintenance and support of such hospital, and further provided that the real property of any fraternal corpo- ration, association or body created to build and maintain a build- ing or buildings for its meeting or meetings of the general assembly of its members, or subordinate bodies of such fraternity and for the accommodation of other fraternal bodies or associations, the entire net income of which real property is exclusively applied or to be used to build, furnish and maintain an asylum or asylums, a home or homes, a school or schools, for the free education or relief of the members of such fraternity, or for the relief, support and care of worthy and indigent members of the fraternity, their wives, widows or orphans, shall be exempt from taxation, and pro- vided also that the real estate owned by a free public library, situate in any village of the third or fourth class, shall not be taxed as to that portion thereof leased or otherwdse used for pur- poses of income, when such income is necessary for and actually applied to the maintenance and support of such library. Property held by any officer of a religious denomination shall be entitled to the same exemptions, subject to the same conditions and excep- tions, as property held by a religious corporation. 8. Real property of an incorporated association of present or former volunteer firemen actually and oxclusively used and oc- cupied by such corporation and not exceeding m value fifteen thousand dollars. 9. All dwelling-houses and lots of religious corporations while actually used by the officiating clergymen thereof, but the total amount of such exemption to any one religious corporation shall not exceed two thousand dollars. Such exemption shall be in addition to that provided by subdivision seven of this section. 10. The real property of an agricultural society permanently used by it for exhibition grounds. 11. The real property of a minister of the gospel or priest who is regularly engaged in performing his duties as such, or perma- nently disabled by impaired health from the performance of such duties, or over seventy-five years of age and the personal prop- erty of such minister or priest, but the total amount of such ex- emption on account of both real and personal property shall not exceed fifteen hundred dollars. OTHKR LAWS RELATING TO SCHOOLS 267 2. Taxes on State Lands Tax Law, art. 2 § 22. Assessment of state lands. All wild or forest land within the forest preserve and also all such lands owned by the state in the towns of Altona and Dannemora, county of Clinton, except the lands in the town of Dannemora upon which build- ings and inclosures are erected and maintained by the state for the use of state institutions, together with said buildings thereon, shall be assessed and taxed at a like valuation and rate as similar lands of individuals within the counties where situated. On or before August first in every year the assessors of tho town within which the lands so belonging to the state arc situated shall file in the office of the comptroller and of the forest, fish and game com- mission, a copy of the assessment-roll of the town, which, in addi- tion to the other matter now required by law, shall state and specify which and how much, if any, of the lands assessed are for- est lands, and which and how much, if any, are lands belonging to the state; such statements and specifications to be verified by the oaths of a majority of the assessors. The comptroller shall thereupon and before the first day of September following, and after hearing the assessors and the forest, fish and game com- mission, if they or any of them so desire, correct or reduce any assessment of state lands which may be in his judgment an unfair proportion to the remaining assessment of land within the town, and shall in other respects approve the assessment and communi- cate such approval to the assessors, l^o such assessment of state lands shall be valid for any purpose until the amount of assessment is approved by the comptroller, and such approval attached to and deposited with the assessment-roll of the town, and therewith de- livered by the assessors of the town to the supervisor thereof or other officer authorized to receive the same from the assessors. No tax for the erection of a school-house or opening of a road shall be imposed on the state lands unless such erection or opening shall have first been approved in writing by the forest, fish and game commission. Tax Law, art, 4 § 80. Payment of taxes on state lands in forest preserve.. The treasurer of the state, upon the certificate of 268 NEW YORK STATE EDUCATION DEPARTMENT the comptroller as to the correct amount of such tax, shall pay the tax levied upon state lands in the forest preserve, by crediting to the treasurer of the comnty in which such lands may be situated, such taxes, upon the amount payable by such county treasurer to the state for state tax. No fees shall be allov^ed by the comptrol- ler to the county treasurer for such portion of the state tax as is so paid. Lands in forest preserve. Section 34 of the forest, fish and game law pro- vides as follows: The forest preserve shall include the lands owned or here- after acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except 1. Lands within the limits of any village or city, and 2. Lands not wild lands acquired by the state on foreclosure of mortgages made to loan commissioners. 3. Taxation of Banks, Banking* Associations and Individual Bankers Tax Law, art. 1 § 13. Stockholders of bank taxable on skares. The stockholders of every bank or hanking association organized under the authority of this state, or of the United States, shall be assessed and taxed on the value of their shares of stock therein ; said shares shall be included in the valuation of the personal property of such stockholders in the assessment of taxes in the tax district where such bank or banking association is located, and not elsewhere, whether the said stockholders reside in said tax district or not. § 14. Place of taxation of individual bank capital. Every individual banker shall be taxable upon the amount of capital invested in his banking business in the tax district where the place of such business is located and shall, for that purpose, be deemed a resident of such tax district. Tax Law, art. 2 § 23. Banks to make report. The chief fiscal officer of every bank or banking association organized under the authority of this state, or of the United States, shall, on or before the first day of July, in each year, furnish the assessors of the tax disftrict iu which its principal office is located a statement under oath of the I OTHEE LAWS KELATING TO SCHOOLS 269 condition of such bank or "banking association on the first day of J line next preceding, stating the amount of its authorized capital stock, the number of shares and the par value of the shares thereof, ihe amount of stock paid in, the amount of its surplus and of- its undivided profits, if any, a complete list of the names and resi- dences of its stockholders and the number of shares held by each. In case of neglect or refusal on the part of any bank or banking association to report as herein prescribed, or to make other or further reports as may be required, such bank or banking associa- tion shall forfeit the sum of one hundred dollars for each failure, and the additional sum of ten dollars for each day such failure continues, and an action therefor shall be prosecuted by the county treasurer of the county in which such bank or banking association so neglecting or refusing to report is located, and in the city of ]^ ew York by the receiver of taxes thereof. There shalj, in addi- tion to such report, be kept in the office of every such bank or banking association a full and correct list of the names and resi- dences of all stockholders therein, and of the number of shares held by each, and such lists shall be subject to the inspection of the assessors at all times. The list of stockholders furnished by such bank or banking association shall be deemed to contain the names of the owners of such shares as are set opposite them, respectively, for the purpose of assessment and taxation. § 24. Bank shares, how assessed. In assessing the shares of stock of banks or banking associations organized under the authority of this state or the United States, the assessment and taxation shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of individual citizens of this state. The value of each share of stock of each bank and banking association, except such as are in liquidation, shall be ascertained and fixed by adding together the amount of the capital stock, surplus and undivided profits of such bank or banking asso- ciation and by dividing the result by the number of outstanding shares of such bank or banking association. The value of each share of stock in each bank or banking association in liquidation shall be ascertained and fixed by dividing the actual assets of such bank or banking association by the number of outstanding shares of such bank or banking association. The rate of tax upon the shares of stock of banks and banking associations shall be one per centum upon the value thereof, as ascertained and fixed in the manner hereinbefore provided, and the owners of 270 KEW YOEK STATE EDUCATION DEPAETMENT the stock of banks and banking associations shall be entitled to no deduction from the taxable value of their shares because of the personal indebtedness of such owners, or for any other reason whatsoever. Complaints in relation to the assessments of the shares of stock of banks and banking associations made under the provisions of this article shall be heard and determined as provided in section thirty-seven of this chapter. The said tax shall be in lieu of all other taxes whatsoever for state, county or loeal purposes upon the said shares of stock, and mortgages, judgments and other choses in action and personal property held or owned by banks or banking associations the value of which enters into the value of said shares of stock shall also be exempt from all other state, county or local taxation. The tax herein imposed shall be levied in the following manner: The board of supervisors of the several counties shall, on or before the fifteenth day of December in each year, ascertain from an inspection of the assessment-rolls in their respective counties, the number of shares of stock of banks and banking associations in each town, city, village, school and other tax district, in their several counties, respectively, in which such shares of stock are taxable, the names of the banks issuing the same, respectively, and the assessed value of such shares, as ascertained in the manner provided in this article and entered upon the said assessment-rolls, and shall forth- with mail to the president or cashier of each of said banks or banking associations a statement setting forth the amount of its capital stock, surplus and undivided profits, the number of out- standing shares thereof, the value of each share of stock taxable in said county, as ascertained in the manner herein provided, and the aggregate amount of tax to be collected and paid by such bank and banking association, under the provisions of this article. A certified copy of each of said statements shall be sent to the county treasurer. It shall be the duty of every bank or banking association to collect the tax due upon its shares of stock from the several owners of such shares, and to pay the same to the treas- urer of the county wherein said bank or banking association is located, and in the city of "New York to the receiver of taxes thereof on or before the thirty-first day of December in said year; and any bank or banking association failing to pay the said tax as herein provided shall be liable by way of penalty for the gross amount of the taxes due from all the owners of the shares of stock, and for an additional amount of one hundred dollars for every day of delay in the payment of said tax. Every bank or ( I OTHER LAWS RELATING TO SCHOOLS 271 banking association so paying the taxes due upon the shares of its stock shall have a lien on the shares of stock, and on all property of the several share owners in its hands, or which may at any timo come into its hands, for reimbursement of the taxes so paid on account of the several share holders, with legal interest; and such lien may be enforced in any appropriate manner. The tax hereby imposed shall be distributed in the following manner : The board of supervisors of the several counties shall ascertain the tax rate of each of the several town, city, village, school and other tax districts in their counties, respectively, in which the shares of stock of banks and banking associations shall be taxable, which tax rates shall include the proportion of state and county taxes levied in such districts, respectively, for the year for which the tax is imposed, and the proportion of the tax on bank stock to which each of said districts shall be respectively entitled shall be ascertained by taking such proportion of the tax upon the shares of stoek of banks and banking associations, taxable in such districts, re- spectively, under the provisions of this chapter as the tax rate of such tax district shall bear to the aggregate tax rates of all the tax districts in which said shares of stock shall be taxable. The clerks of the several cities, villages and school districts to which any portion of the tax on shares of stock of banks and banking associations is to be distributed under this section shall, in writ- ing and under oath, annually report to the board of supervisors of their respective counties, during the first week of the annual session of such board, the tax rate of such city, village and school district for the year prior to the meeting of each such board. The said board of supervisors shall issue their warrant or order to the county treasurer on or before the fifteenth day of Decem- ber in each year, setting forth the number of shares of bank stock taxable in each town, city, village, school and other tax district in said county, in which said shares of stock shall be taxable, the tax rate of each of said tax districts for said year, the proportion of the tax imposed by this chapter to which each of said tax dis- tricts is entitled, under the provisions hereof, and commanding him to collect same, and to pay to the proper officer in each of such districts the proportion of such tax to which it is entitled under the provisions of this chapter. The said county treasurer shall have the same powers to enforce the collection and payment of said tax as are possessed by the officers now charged by law with the collection of taxes, and the said county treasurer shall be entitled to a commission of one per centum for collecting and 272 NEW YOEK STATE EDUCATION DEPARTMENT paying out said moneys, which commission shall be deducted from the gross amount of said tax before the same is distributed. In issuing their warrants to the collectors of taxes, the board of supervisors shall omit therefrom assessments of and taxes upon the shares of stock of banks and banking associations. Provided, that, in the city of !N'ew York the statement of the bank assess- ment and tax herein provided for shall be made by the board of tax commissioners of said city, on or before the fifteenth day of December in each year, and by them forthwith mailed to the respective banks and banking associations located in said city, and a certified copy thereof sent to the receiver of taxes of said city. The tax shall be paid by the respective banks in said city to the said receiver of taxes on or before the thirty-first day of December in said year, and said tax shall be collected by the said receiver of taxes and shall be by him paid into the treasury of said city to the credit of the general fund thereof. This section is not to be construed as an exemption of the real estate of banks or banking associations from taxation. 'No shares of stock of such banks and banking associations, by whomsoever held, shall be exempt from the tax hereby imposed. § 25. Individual banker, liow assessed. Every indi- vidual banker doing business under the laws of this state must report before the fifteenth day of June under oath to the assessors of the tax district in which any of the capital invested in such banking business is taxable, the amount of capital invested in such banking business in such tax district on the first day of June preceding. 'Such capital shall be assessed as personal prop- erty to the banker in whose name such business is carried on. § 26. Notice of assessment to bank or banking as- sociation. The assessors of every tax district shall, within ten days after they have completed the assessment of the stock of a bank or banking association, give written notice to such bank or banking association of such assessment of the shares of its re- spective shareholders and no personal or other notice to such share- holders of such assessment is required. 4. Collection of Taxes Tax Law, art. 4. § 72. Collection of taxes assessed against stocks in banks and banking associations. Every bank or banking \ OTHEK LAWS RELATING TO SCHOOLS 273 association shall retain any dividend until the delivery to the collector of the tax-roll and warrant of the current year, and within ten days after such delivery shall pay to such collector so much of such dividend as may be necessary to pay any unpaid taxes assessed on the stock upon which such dividend is declared. In case the owner of such stock resides in a place other than where the bank or banking association is located, the same power may be exercised in collecting the tax so assessed as is given in case a person has removed from a tax district in which the assessment was made. The tax so assessed shall be and remain a lien on the shares of stock against which it is assessed till the payment of such tax, and if the stock is transferred it shall be subject to such lien. The collector or county treasurer may foreclose such lien in any court of record, and collect from the avails of the sale of the stock the tax assessed against the same. In addition thereto, the same remedy may be had for the collection of the tax on such shares as is now provided by law for enforcing payment of per- sonal tax against residents. § 94. Receipt for taxes. Every collector of taxes shall deliver a receipt wholly written with ink or partly printed and filled out with ink to each person paying a tax, specifying the date of such payment, the name of such person, the description of the property as shown on the assessment-roll, the name of the person to whom the same is assessed, the amount of such tax, and the date of the delivery to him of the assessment-roll on account of which such tax was paid. For the purpose of giving such receipt, each collector shall have a book of blank receipts, so arranged that when a receipt is torn therefrom a corresponding stub will remain. The State Board of Tax Commissioners shall prescribe the form of such receipts, stubs and books and they shall be furnished to the town collector by the board of supervisors, at the expense of the county; to the city collector by the common covmcil, at the expense of the city ; to the village collector by the village trustees at the expense of the village ; to the school collector by the trustee or trustees at the expense of the school district. At the time of giv- ing such a receipt the collector shall make the same entries on the corresponding stub as are required to be made on the receipt. Such book shall be subject to public inspection and shall be filed by the collector with his return, together with the assessment-roll in the office of the county treasurer, or such officer or board to which such collector makes bis return. [Amended hy L, 1911, ch, 579.] 274 NEW YOKK STATE EDUCATION DEPARTMENT 5. Apportioning: Valuation of Railroads, Teleg^rapli, Telephone and Pipe Line Companies between School Districts Tax Law, art, 2 § 40. Assessors to apportion valuation of railroad, telegraph, telephone or pipe line companies and of special franchises among school and special districts. The assessors of each town in which a railroad, telegraph, telephone or pipe line company is assessed by them, upon property lying in more than one school district therein or in one or more special districts therein in which a tax is levied for district purposes, shall, prior to the final completion of the roll pursuant to section thirty-nine of this chapter, appor- tion the assessed valuation of the property of each of such cor- porations among such school and special districts. Such appoint- ments shall be entered by the assessors in the appropriate column of the assessment-roll and a certificate thereof signed by the as- sessors or a majority of them filed with the town clerk within five days thereafter, and thereupon the valuations so apportioned shall become the valuations of such property in such districts for the purpose of taxation. In case of failure of the assessors to act, the supervisor of the town shall make such apportionment on request of either the trustee of any school district or the ofiicers of any special district or of the corporation assessed. In case of any al- teration in any school district aifecting the valuation of such property, the officer making the same shall fix and determine the valuations in the districts affected for the current year. The as- sessors of each town in which an assessment has been made by the state board of tax commissioners in gross, upon a special franchise, lying in more than one school or other special district therein, shall within fifteen days after the receipt by the town clerk of the certified statement of the equalized valuation of such special franchise, as provided in section forty-five-a of this chapter, apportion the assessed valuation of each special franchise among such school and special districts. The apportionment shall be signed by the assessors or a majority of them and be filed, within five days thereafter, with the clerk of the board of super- visors and a duplicate thereof shall be filed with the town clerk. Such apportionments shall be entered by the board of supervisors at their annual meeting in the appropriate column of the assess- ment-roll for each town before the warrant is annexed thereto. OTHER LAWS RELATING TO SCHOOLS 275 The valuations so apportioned shall be the valuations of the special franchise in such school and special districts for the purpose of taxation. The town clerk shall furnish the trustees of school dis- tricts a certified statement of the valuations apportioned to their- respective districts. Provided however that the valuations of special franchises as determined by the state board of tax com- missioners and included in the town assessment-rolls completed and filed in the town clerk's offices for the year nineteen hundred and eleven shall be taken by the boards of assessors as the basis of the apportionment for school district purposes for the levy of any school taxes which may be made prior to the receipt by the town clerk of the statement of the assessments of special fran- chises as finally fixed and equalized for the year nineteen hun- dred and twelve. [^Amended by L. 1912, ch. 271.] 6. Taxation in St. La-wrence County L, 1902, ch. 502 An act to provide for a uniform tax in the several towns of the county of St. Lawrence for the maintenance of common schools, and for the levy, collection, custody and disbursement thereof. The people of the Stale of New York, represented in Senate and Assembly, do enact as follows: § 1. At any biennial town meeting held after the passage of this act, in the several towns of the county of St. Lawrence, there may be submitted to the electors thereof, upon the written request of not less than twenty-five taxpayers entitled to vote thereon, such request having been filed with the town clerk at least thirty days before such biennial town meeting, the question, '^ shall a uniform system of taxation for the maintenance of the common schools be adopted in the town of . . . '' If a majority of the ballots cast shall be in the affirmative, further proceedings under this act shall be taken as hereinafter provided. § 2. On or before the day of the meeting of the town board for the audit of town accounts in each year, following the adoption of this act, by any town in the county of St. Lawrence, the trustee or trustees of the several common school districts in such town ^^ shall file with the town clerk, a statement of the sum of money ^■necessary to maintain the common school in said common school ^■district in the following form: ^^H I (or we), the undersigned trustee (or trustees) of school dis- I"""' ""• """" 276 NEW YORK STATE EDUCATION DEPARTMEKT York, do hereby certify that the following sums are required for the maintenance of district school number , of the town of , state of New York, for the fiscal year begin- ning September first, and ending June thirtieth, For salary for teachers $ For library funds For repairs to school buildings For miscellaneous expenses Total § 3. It shall be the duty of the town clerk to deliver said certifi- cates of the trustee or trustees of the several common school dis- tricts, to the town board of each town adopting this system on the day of the meeting of the town board for the audit of town ac- counts in each year, and the said town board shall include the gross sum called for by the several said certificates or so much thereof as may be necessary, in their annual town schedule of expenses, to be certified to the board of supervisors in the county in which the said town is situated in the same manner as other town expenses, and the said board of supervisors shall levy such amount in the next succeeding tax levy of the town, in the same manner as other town taxes are collected. The amounts thus collected in each town shall be paid by the town collector to the supervisor of the town and by him paid out on the order of the trustee or trustees of the several common school districts to the amount to which each district is entitled, in the same manner as the public school funds are now disbursed. The collector shall be paid the same rate per centum for collection as is now allowed by law for the collection of moneys, and for the same powers and to be subject to the same liabilities. The collector or supervisor shall give bonds to the amount now required by law in the col- lection, custody and disbursement of town funds. § 4. It shall be the duty of the town clerk to furnish the trustee or trustees of each common school district the forms in blank pro- vided for in section two of this act. The cost thereof shall be a town charge. § 5. Any school district lying partly in the town which had adopted the system of taxation provided by this act, and partly in a town not having adopted said system, shall, for the purpose OTHER LAWS RELATING TO SCHOOLS 277 of this act, be considered as lying wholly in the town not having adopted said system, and shall so continue until such time as both towns have adopted said system of taxation. In case both towns have adopted the system of taxation provided by this act, then the trustee or trustees in such school district shall certify to the town clerk in each town the sum required for the maintenance of such district school, and the said sum shall be divided between the towns in proportion to the assessed valuation of property, real and personal, in the different parts of said district in each town, and the amount so divided, shall be included in the schedule of town expenses in each town in the same manner as heretofore provided in this act. § 6. Under the provisions of this act town boards shall have the power by resolution with the consent in writing of the school commissioner of the district in which such town is situated, to annul or consolidate common school districts, and to provide for the transportation and maintenance of pupils in any common school district in such town. § 7. It shall be the duty of the supervisor to keep a separate account with each common school district, in any town adopting this act, in said town. He shall not pay for the account of any common school district, upon the order of the trustee or trustees, as provided in this act, a larger sum of money than the sum of money approved by the town board of said district, and levied and collected under the provisions of this act. § 8. Whenever any town shall have adopted the system of taxa- tion for the maintenance of common schools provided for in this act, the board of education of any union free school therein, main- taining a department for secondary educfation, shall receive into such academic department, pupils sufficiently advanced to enter therein, without the payment of any tuition therefor. And such boards of education in such union free school districts are hereby empowered to establish the grades and prescribe such examina- tions as may be necessary to carry into effect the provisions of this act, and such grading and examination shall be uniform and regulate the admissions thereto of all pupils residing within such township. § 9. All acts or parts of acts which are inconsistent or, in con- flict with the provisions of this act are hereby repealed. § 10. This act shall take effect immediately. 278 NEW YOKK STATE EDUCATION DEPARTMENT III. VACCIXATIOX OF SCHOOL CHILDREN Provisions of Public Health Law (L. 1909, ch, 49) relative to vaccination § 310. Vaccination of school children. Xo child or person not vaccinated shall be admitted or received into any of the public schools of the state, and the trustees or other officers having the charge, management or control of such schools shall cause this provision of law to be enforced. They may adopt a resolution excluding such children and persons not vaccinated from such school until vaccinated, and when any such resolution has been adopted, they shall give at least ten days' notice thereof, by posting copies of the same in at least two public and con- spicuous places within the limits of the school government, and shall announce thereiii that due provision has been made, specify- ing it, for the vaccination of any child or person of suitable age desiring to attend the school, and whose parents or guardians are unable to procure vaccination for them, or who are, by reason of poverty, exempted from taxation in such district. § 311. Such trustees or board may appoint a competent physician and fix his compensation, who shall ascertain the num- ber of children or persons in a school district, or in a subdivision of a city school government, of suitable age to attend the common schools, who have not been vaccinated and furnish such trustees or board a list of their names. Every such physician shall provide himself with good and reliable vaccine virus with which to vac- cinate such children or persons as such trustees or board shall direct, and give certificates of vaccination when required, which shall be evidence that the child or person to whom given has been vaccinated. The expenses incurred in carrying into effect the provisions of this and the preceding section, shall b© deemed a part of the expense of maintaining such school, and shall be levied and collected in the same manner as other school expenses. The trustees of the several school districts of the state shall include in their annual report the number of vaccinated and unvaccinated children of school age in their respective districts. IV. PUBLIC HOLIDAYS Provisions of General Construction Law (L. 1909, cJi. 27) § 24. Holidays ; half-holiday. The term holiday includes the following days in each year: the first day of January known as New Year's day; the twelfth day of February, known as OTHliR LAWS RELATING TO SCilOOLS 279 Lincoln's birthday; the twenty-second day of February, known as Washington's birthday; the thirtieth day of May, known as Memorial day; the fourth day of July, known as Independence day; the first Monday of September, known as Labor day; the twelfth day of October, known as Columbus day, and the twenty- fifth day of December, known as Christmas day, and if either of such days is Sunday, the next day thereafter; each general election day and each day appointed by the president of the United States or by the governor of this state as a day of general thanksgiving, general fasting and prayer, or other general re- ligious observances. The term half-holiday includes the period from noon to midnight of each Saturday which is not a holiday. [As amended hij L. 1909, ch. 112.] See Education Law, § 492, subd. 4, which provides that no school shall be in session on a legal holiday, except election day, Columbus day, Lincoln's and Washington's birthdays. Greater New York Charter (L. 1901, ch, 466) § 1162. Anniversary day as a holiday in the pub- lic schools of the borough of Brooklyn. The eighth day of June in the year nineteen hundred and five and thereafter the first Thursday in June in each year, except in those years when the first Thursday in June occurs in the same week with Memorial day, and in such years the second Thursday in June, known as Anniversary day, and celebrated in commemoration of the organization of Sunday schools, is hereby made and declared be a holiday in all the public schools in the borough of Brooklyn, city of JSTew York, and the board of education of such [city is hereby authorized and directed to cause all the public 'chools in such borough to be closed on such day. V. ACTIONS BY SCHOOL TRUSTEES Provisions of Code of Vivil Procedure § 1926. Actions by certain specified officers. An iction or special proceeding may be maintained, by the trustee >r trustees of a school district; the overseer or overseers of the [poor of a village, or city; the county superintendent or superin- [tendents of the poor ; or the supervisors of a county, upon a con- tract, lawfully made with those officers or their predecessors, in leir official capacity; to enforce a liability created, or a duty jnjoined, by law, upon those officers, or the body represented by ^hem; to recover a penalty or a forfeiture, given to those officers, S80 NEW YORK STATE EDtTCATION DEPARTMENT or tlie body represented by them ; or to recover damages for an injury to the property or rights of those officers, or the body represented by them; although the cause of action accrued before the commencement of their term of office. [As amended hy L. 1897, ch, 302.] § 1927. An action or special proceeding may be maintained against any of the officers specified in the last section, upon any cause of action, which accrues against them, or has accrued against their predecessors, or upon a contract made by their predecessors in their official capacity, and within the scope of their authority. [See also §§ 1928, 1929 and 1930.] Section nineteen hundred and thirty-one provides that an execution can be issued upon a judgment for a sum of money against the trustee or trustees of a school district, and such execu- tion may be issued against and be collected out of the property of such officers, and the sum collected must be allowed to him on the settlement of his official accounts, except as otherwise specially prescribed by law. Note. By section 404 of the education law, it Is provided. " Whenever any sum of money payable by any person named in such tax-list, shall not be paid by such person, or collected by such warrant within the time therein limited, or the time limited by any renewal of such warrant ; or in case the property assessed be real estate belonging to an incorporated company, and no goods or chattels can be found whereon to levy the tax, the trustees may sue for and recover the same in their name of office." A. See subdivision 17, section 96 of the education law, relative to payment of Judgments obtained in actions against trustees of districts for unpaid teachers' wages ; also sections 508 and 509 of the education law, as to payment of costs and damages in actions or proceedings brought by or against trustees of districts. VI. PENAL PROVISIONS RELATING TO SCHOOLS AND SCHOOL OFFICERS Penal Law (L. 1909, cli, 88) § 246. Use of force not unlaivful in certain cases. To use or attempt, or offer to use, force or violence upon or toward the person of another is not unlawful in the following cases : 4. When committed by a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, appren- tice or scholar, and the force or violence used is reasonable in manner and moderate in degree. § 405. Unlaivfully entering building. A person who, I OTHER LAWS RELATIN^G TO SCHOOLS 281 under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor. — § 889. Forgery in third degree. A person who, with intent to defraud or to conceal any larceny or misappropriation by any person of any money or property: 1. Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a corporation, association, public office or officer, partnership, or individual; or, 2. Makes a false entry in any such account or book of accounts ; or, 3. Wilfully omits to make true entry of any material particu- lar in any such account or book of accounts, made, written, or kept by him or under his direction. Is guilty of forgery in the third degree. § 1470. Disturbing lawful meetings. A person, who, without authority of law, wilfully disturbs any assembly or meet- ing, not unlawful in its character, is guilty of a misdemeanor. § 1824. Attempting to prevent officers from per- forming duty. A person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor. § 1825. Resisting officer. A person who knowingly re- sists by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor. § 1836. Officer refusing to surrender to successor. A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or papers appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor. § 1837. Administrative officers. The various provisions of the preceding sections of this article which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive officers were both mentioned. § 1838. Injury to records and misappropriation by ministerial officers. A sheriff, coroner, clerk of a court, con- stable or other ministerial officer, and every deputy or subordinate of any ministerial officer, who : SS^ Js^EW YOEIt STATE EDUCATION DEPARTMENT 1. Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office ; or, 2. Fraudulently appropriates to liis own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property intrusted to him in virtue of his ofllce, Is guilty of felony. § 1841. Provision as to neglect of duty. A public officer, or person holding a public trust or employment, upon whom any duty is enjoined by law, who wilfully neglects to perform the duty, is guilty of a misdemeanor. This and section eighteen hun- dred and forty do not apply to cases of official acts or omissions the prevention or punishment of which is otherwise specially pro- vided by statute. § 1865. Misappropriation and falsification of ac- counts by public officers. A public officer, or deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the people of this state, or of any department of the government of this state, or of any bureau or fund created by law, and in which the people of this state are directly or indirectly interested, or for or on account of any city, county, village or town, who : 1. Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise ; or, 2. Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him, or, 3. Fraudulently alters, falsifies, conceals, destroys or obliter- ates any such account ; or, 4. Wilfully omits or refuses to pay over to the people of this state or their officer or agent authorized by law to receive the same, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officer, when it is his duty im- posed by law to pay over, or account for, the same. Is guilty of a felony. § 1866. Violations of law by public officers. An officer or other person mentioned in the last section who wilfully disobeys any provision of law regulating his official conduct, in cases other than those specified in that section is guilty of a mis- OTHER LAWS RELATING TO SCHOOLS 283 demeanor, punishable bj a fine not exceeding one thousand dol- lars, or imprisonment not exceeding two jears, or both. § 1868. Oiiicials not to be interested in sales, leases or contracts. A public officer or school officer who is author- ized to sell or lease any property, or to- make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily becomes interested individually in such sale, lease or contract, directly or indirectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or approval by the commissioner of education, is guilty of a misdemeanor. § 1871. School district trustee not to draiv draft on supervisor in certain cases. A school district trustee who issues an order or draws a draft on a supervisor or collector for any money, unles& there is at the time sufficient money in the hands of such supervisor or collector belonging to the district to meet such order or draft, is guilty of a misdemeanor. § 2050. Injury to public record. A person who, wil- fully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both. § 2321. Making false statement in reference to taxes. A person, who, in making any statement, oral or writ- ten, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, wilfully makes, as to -any material matter, any statement which he knows to be false, is guilty of a misdemeanor. VII. EMPLOYMENT OF CHILDREN OF SCHOOL AGE Provisions of Labor Law (L. 1909, cJi. 36) 1. Employment in Factories § 70. Employment of minors. 'No child under the age of fourteen years shall be employed, permitted or suffered to work in or in connection with any factory in this state. No child be- tween the ages of fourteen and sixteen years shall be so employed. 284 NEW YORK STATE EDUCATION DEPARTMENT permitted or suffered to work unless an employment certificate issued as provided in this article shall have been theretofore filed in the office of the employer at the place of employment of such child. § 71. Employment certificate how issued. Such cer- tificate shall be issued by the commissioner of health or the execu- tive officer of the board or department of health of the city, town or village where such child resides, or is to be employed, or by such other officer thereof as may be designated by such board, de- partment or commissioner for that purpose, upon the application of the parent or guardian or custodian of the child desiring such employment. Such officer shall not issue such certificate until he has received, examined, approved and filed the following papers duly executed, viz. : The school record of such child properly filled out and signed as provided in this article; also, evidence of age showing that the child is fourteen years old or upwards, which shall consist of the evidence thereof provided in one of the follow- ing subdivisions of this section and which shall be required in the order herein designated as follows: (a) Birth certificate: A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other oflficer charged with the duty of recording births, which certificate shall be conclusive evidence of the age of such child. (b) Certificate of graduation: A certificate of graduation duly issued to such child showing that such child is a graduate of a public school of the state of E'ew York or elsewhere, having a course of not less than eight years, or of a school in the state of New York other than a public school, having a substantially equivalent course of study of not less than eight years' duration, in which a record of the attendance of such child has been kept as required by article twenty of the education law, provided that the record of such school shows such child to be at least fourteen years of age. (c) Passport or baptismal certificate: A passport or a duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of such child. (d) Other documentary evidence: In case it shall appear to the satisfaction of the officer to whom application is made, as herein provided, for an employment certificate, that a child for whom such certificate is requested, and who has presented the OTHEE LAWS RELATING TO SCHOOLS 285 school record, is in fact over fourteen years of age, and that satis- factory documentary evidence of age can be produced, which does not fall within any of the provisions of the preceding sub- divisions of this section, and that none of the papers mentioned — in said subdivisions can be produced, then and not otherwise he shall present to the board of health of which he is an officer or agent, for its action thereon, a statement signed by him showing such facts, together with such affidavits* or papers as may have been produced before him constituting such evidence of the age of such child, and the board of health, at a regular meeting thereof, may then, by resolution, provide that such evidence of age shall be fully entered on the minutes of such board, and shall be received as sufficient evidence of the age of such child for the purpose of this section. (e) Physicians certificates: In cities of the first class only, in case application for the issuance of an employment certificate shall be made to such officer by a child's parent, guardian or cus- todian who alleges his inability to produce any of the evidence of age specified in the preceding subdivisions of this section, and if the child is apparently at least fburteen years of age, such officer may receive and file -an application signed by the parent, guardian or custodian of such child for physicians' certificates. Such ap- plication shall contain the alleged age, place and date of birth, and present residence of such child, together with such further facts as may be of assistance in determining the age of such child. Such application shall be filed for not less than ninety days after date of such application for such physicians' certificates, for an ex- amination to be made of the statements contained therein, and in case no facts appear within such period or by such examination Htending to discredit or contradict any material statement of such ^application, then and not otherwise the officer may direct such ^child to appear thereafter for physical examination before two ^fchysicians officially designated by the board of health, and in case ^^uch physicians shall certify in writing that they have soparately l^xamined such child and that in their opinion such child is at least ^Bourteen years of age such officer shall accept such certificates as ■ sufficient proof of the age of such child for the purposes of this ^^ection. In case the opinions of such physicians do not concur, Hte child shall be examined by a third physician and the concur- ^H'ing opinions shall be conclusive for the purpose of this section as the age of such child. I 286 NEW YORK STATE EDUCATION DEPARTMENT Sucli officer shall require the evidence of age specified in subdi- vision (a) in preference to that specified in any subsequent sub- division and shall not accept the evidence of age permitted bj any subsequent subdivision unless he shall receive and file in addition thereto an affidavit of the parent showing that no evidence of age specified in any preceding subdivision or subdivisions of this sec- tion can be produced. Such affidavit shall contain the age, place and date of birth, and present residence of such child, which affi- davit must be taken before the officer issuing the employment cer- tificate, who is hereby authorized and required to administer such oath and who shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child fur- ther has personally appeared before and been examined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. Every such employ- ment certificate shall be signed, in the presence of the officer is- suing the same, by the child in whose name it is issued. In every case, before an employment certificate is issued, such physical fitness shall be determined by a medical officer of the department or board of health, who shall make a thorough physical examina- tion of the child and record the result thereof on a blank to be furnished for the purpose by the state commissioner of labor and shall set forth thereon such facts concerning the physical condition and history of the child as the commissioner of labor may require. [Amended hy L. 1912, cJi. 333.] § 72. Contents of certificate. Such certificate shall state the date and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined. § 73. School record, ivhat to contain. The school record required by this article shall be signed by the prin- cipal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child entitled thereto or to the board, department or commissioner of health. 1 OTHER LAWS RELATING TO SCHOOLS 287 It shall contain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preceding his application for such school record and is able to read and write simple sentences in the English language, and has received during such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions. Such school record shall also give the date of birth and residence of the child as shown on the records of the school and the name of its parent or guardian or custodian. § 75. Report of certificates issued. The board or depart- ment of health or health commissioner of a city, village or town, shall transmit, between the first and tenth day of each month, to the office of the commissioner of labor a list of the names of the children to whom certificates have been issued, together with a duplicate of the record of the physical examination of all such children made as hereinbefore provided. ^Amended hy L. 11912, ch, 333.] § 76. Registry of children employed. Each person owning or operating a factory and employing children therein shall keep or cause to be kept in the office of such factory, a register, in which shall be recorded the name, birthplace, age and place of residence of all children so employed under the age of sixteen years. Such register and the certificate filed in such office shall be produced for inspection upon the demand of the commis- sioner of labor. On termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or custodian. The commissioner of labor may make demand on an employer in whose factory a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as re- quired by this article, that such employer shall either furnish him, Ij within ten days, evidence satisfactory to him that such child is in I fact over sixteen years of age, or shall cease to employ or permit [' or suffer such child to work in such factory. The commissioner I of labor may require from such employer the same evidence of age ; of such child as is required on the issuance of an employment certificate ; and the employer furnishing such evidence shall not 288 NEW YORK STATE EDUCATION DEPARTMENT be required to furnish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said factory, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corpora- tion such notice may be served either personally upon an officer of such corporation, or by sending it by post addressed to the office or the principal place of business of such corporation. The papers constituting such evidence of age furnished by the em- ployer in response to such demand shall be filed with the commis- sioner of labor and a material false statement made in any such paper or affidavit by any person shall be a misdemeanor. In case such employer shall fail to produce and deliver to the com- missioner of labor within ten days after sU.ch demand such evi- dence of age herein required by him, and shall thereafter con- tinue to employ such child or permit or suffer such child to work in such factory, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this article that such child is under sixteen years of age and is unlawfully employed. 2. Employment in Mercantile Establish- ments § 160. Application of article. The provisions of this article shall apply to all villages and cities which at the last preceding state enumeration had a population of three thousand or more. § 161. Hours of labor of minors. No child under the age of sixteen years shall be employed, permitted or suffered to work in or in connection with any mercatitile establishment, busi- ness office, or telegraph office, restaurant, hotel, apartment-house, theatre or other place of amusement, bowling alley, barber shop, shoe-polishing establishment, or in the distribution or transmission of merchandise or messages, more than six days or fifty-four hours in any one week, or more than nine hours in any one day, or before seven o'clock in the niorning or after ten o'clock in the evening of any day. The foregoing provision shall not apply to any employ- ment prohibited or regulated by section four hundred and eighty I OTHER LAWS EELATINQ TO SCHOOLS 289 five of the Penal Law. But in cities of the first class no child under the age of sixteen years shall be employed, permitted or suffered to work in or in connection with any such establishment after seven o'clock in the evening of any day. No female employee^ between sixteen and twenty-one years of age shall be required, per- mitted or suffered to work in or in connection with any mercantile establishment more than sixty hours in any one week; or more than ten hours in any one day, unless for the purpose of making a shorter work day of some one day of the week; or before seven o'clock in the morning or after ten o'clock in the evening of any day. This section does not apply to the employment of persons sixteen years of age or upward on Saturday, provided the total number of hours of labor in a week of any such person does not exceed sixty hours, nor to the employment of such persons between the fifteenth day of December and the following first day of Janu- ary. Not less than forty-five minutes shall be allowed for the noonday meal of the employees of any such establishment. [Amended hy L. 1911, ch. 86G, in effect October 1, 1911.] § 161-a. Hours of labor of messengers. In cities of the first or second class no person under the age of twenty-one years shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution, transmis- sion or delivery of goods or messages before five o'clock in the morning or after ten o'clock in the evening of any day. [Added hy L. 1910, ch, 342.] § 162. Employrnent of children. No child under the age of fourteen years shall be employed or permitted to work in or in connection with any mercantile or other business or estab- lishment specified in the preceding section. No child under the age of sixteen years shall be so employed or permitted to work unless an employment certificate, issued as provided in this article, shall have been theretofore filed in the office of the em- ployer at the place of employment of such child. [As amended hy L. 1909, ch. 293, and R 1911, ch, 866, in effect Octoher 1, 1911.] § 163. Employment certificate; hoxr issued. Such certificate shall be issued by the commissioner of health or the executive officer of the board or department of health of the city, town or village where such child resides or is to be employed, or by such officer .thereof as may be designated by such board, depart- 290 NEW YORK STATE EDUCATION BEPABTMENT ment or commissioner for that purpose, upon the application of the pa-rent, guardian or custodian of the child desiring such em- ployment. Such officer shall not issue such certificate until he has received, examined, approved and filed the following papers duly executed, viz. : The school record of such child properly filled out and signed as provided in this article; also, evidence of age showing that the child is fourteen j^ears old or upwards, which shall consist of the evidence thereof provided in one of the follow- ing subdivisions of this section and which shall be required in the order herein designated as follows : (a) Bvrth certificate. — A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other officers charged with the duty of recording births which certificate shall be conclusive evidence of the age of such child. (b) Certificate of graduation. — A certificate of graduation duly issued to such child showing that such child is a graduate of a public school of the state of E'ew York or elsewhere, having a course of not less than eight years, or of a school in the state of New York other than a public school, having a substantially equiv- alent course of study of not less than eight years' duration, in which a record of the attendance of such child has been kept as required by article twenty of the education law, provided that the record of such school shows such child to be at least fourteen years of age. (c) Passport or baptismal certificate. — A passport or a duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of such child. (d) Other documentary evidence. — In case it shall appear to the satisfaction of the officer to whom application is made, as herein provided, for an employment certificate, that a child for whom such certificate is requested and who has presented the school record, is in fact over fourteen years of age, and that satis- factory documentary evidence of age can be produced, which does not fall within any of the provisions of the preceding subdivisions of this section, and that none of the papers mentioned in said sub- divisions can be produced, then and not otherwise he shall present to the board of health of which he is an officer or agent, for its action thereon, a statement signed by him showing such facts together with such affidavits or papers as may have been produced before him constituting such evidence of the age of such child, and the board of health, at a regular meeting thereof, may then, OTHER LAWS RELATING TO SCHOOLS 291 by resolution, provide that such, evidence of age shall be fully entered on the minutes of such board, and shall be received as sufficient evidence of the age of such child for the purpose of this section. _ (e) Physicians' certificates. — In cities of the first class only, in case application for the issuance of an employment certificate shall be made to such officer by a child's parent, guardian or custodian v^^ho alleges his inability to produce any of the evidence of age specified in the preceding subdivisions of this section, and if the child is apparently at least fourteen years of age, such officer may receive and file an application signed by the parent, guardian or custodian of such child for physicians' certificates. Such application shall contain the alleged age, place and date of birth, and present residence of such child, together with such further facts as may be of assistance in determining the age of such child. 'Such application shall be filed for not less than ninety days after date of such application for such physicians' certificates, for an examination to be made of the statements con- tained therein, and in case no facts appear within such period or by such examination tending to discredit or contradict any ma- terial statement of such application, then and not otherwise the officer may direct such child to appear thereafter for physical ex- amination before two physicians officially designated by the board of health, and in case such physicians shall certify in writing that they have separately examined such child and that in their opinion such child is at least fourteen years of age such officer shall accept I such certificates as sufficient proof of the age of such child for the purposes of this section. In case the opinions of such physi- cians do not concur, the child shall be examined by a third physi- cian and the concurring opinions shall be conclusive for the pur- pose of this section as to the age of such child. Such officer shall require the evidence of age specified in subdi- vision (a) in preference to that specified in any subsequent subdi- vision and shall not accept the evidence of age permitted by any subsequent subdivision unless he shall receive and file in addition ^■thereto an affidavit of the parent showing that no evidence of age ^■specified in any preceding subdivision or subdivisions of this sec- ^B tion can be produced. Such affidavit shall contain the age, place ^pand date of birth, and present residence of such child, which affi- davit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer 29S NEW YOtlU: S*rAl?E EDUCATION DEPARTMENT sucli oath and wlio shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child shall further have personally appeared before and been examined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health. Every such employment certifi- cate shall be signed in the presence of the officer issuing the same, by the child in whose name it is issued. § 164. Contents of certificate. Such certificate shall state the date and place of birth of the child, and describe the color of hair and eyes and the height and weight and any dis- tinguishing facial marks of such child, and that the papers re- quired by the preceding section have been duly examined, ap- proved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined. § 165. School record, ivhat to contain. The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished on demand to a child entitled thereto or to the board, department or commissioner of health. It shall contain a statement certifying that the child has regu- larly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preceding his application for such school record, and is able to read and write simple sentences in the English language, has received during such period in- struction in reading, spelling, writing, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions. Such school record shall also give the date of birth and residence of the child as shown on the records of the school and the name of its parents or guardian or custodian. § 166. Summer vacation certificate. [Repealed by L. IQll, ch, 866, in effect October 1, 1911.] OTHER LAWS HELATING TO SCHOOLS 293 § 167. Registry of children employed. The owner, manager or agent of a mercantile or other establishment specified in section one hundred and sixty-one, employing children, shall keep or cause to be kept, in the office of such establishment, ft register, in which shall be recorded the name, birthplace, age and place of residence of all children so employed under the age of sixteen years. Such register and the certificate filed in such office shall be produced for inspection, upon the demand of an officer of the board, department or commissioner of health of the town, village or city where such establishment is situated, or if such establishment is situated in a city of the first class upon the demand of the commissioner of labor. On termination of the employment of the child so registered and whose certificate is so filed, such certificate shall 'be forthwith surrendered by the em- ployer to the child or its parent or guardian or custodian. An officer of the board, department or commissioner of health of the town, village or city where a mercantile or other establishment mentioned in this article is situated, or if such establishment is situated in a city of the first class the commissioner of labor, may make demand on an employer in whose establishment a child apparently under the age of sixteen years is employed or per- mitted or suffered to work, and whose employment certificate is ^^not then filed as required by this chapter, that such employer ^Khall either furnish him, within ten days, evidence satisfactory to ^Kiim that such child is in fact over sixteen years of age, or shall ^Bpease to employ or permit or suffer such child to work in such ^■establishment. The officer may require from such employer the ■Tsame evidence of age of such child as is required on the issuance « of an employment certificate ; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said establishment, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer i5 a corporation such notice may be served either personally upon an officer of such corpora- tion, or by sending it by post addressed to the office or the prin- cipal place of business of such corporation. The papers consti- tuting such evidence of age furnished by the employer in response to such demand shall, except in cities of the first class, be filed 294: NEW YORK STATE EDUCATION DEPARTMENT with tlie board, department or commissioner of health, and in cities of the first class with the commissioner of labor, and a material false statement made in any such paper or affidavit by any person shall be a misdemeanor. In case such employer shall fail to produce and deliver to the officer of the board, department or commissioner of health, or in cities of the first class to the commissioner of labor, within ten days after such demand such evidence of age herein required by him, and shall thereafter con- tinue to employ such child or permit or suffer such child to work in such mercantile or other establishment, proof of the giving of such notice and of such failure to produce and file such evi- dence shall be prima facie evidence in any prosecution brought for a violation of this article that such child is imder sixteen years of age and is unlawfully employed. 3. Employment in Street Trades § 220. Prohibited employment of children in street trades, ^o male child under ten, and no girl under sixteen years of age, shall in any city of the first or second class sell or expose or offer for sale newspapers, magazines or periodicals in any street or public place. § 221. Permit and badge for newsboys, boiv issued. No male child under fourteen years of age shall sell or expose or offer for sale said articles unless a permit and badge as hereinafter provided shall have been issued to him by the district superin- tendent of the board of education of the city and school district where said child resides, or by such other officer thereof as may be officially designated by such board for that purpose, on the appli- cation of the parent, guardian or other person having the custody of the child desiring such permit and badge, or in case said child has no parent, guardian or custodian then on the application of his next friend, being an adult. Such permit and badge shall not be issued until the officer issuing the same shall have received, ex- amined, approved and placed on file in his office satisfactory proof that such male child is of the age of ten years or upwards, and shall also have received, examined and placed on file the written statement of the principal or chief executive officer of the school which the child is attending, stating that such child is an attendant at such school, that he is of the normal development of a child of his age and physically fit for such employment, and that said prin- cipal or chief executive officer approves the granting of a permit i I OTHER LAWS RELATIETG TO SCHOOLS 295 and badge to siioh child. 'No such permit or badge shall be valid for any purpose except during the period in which such proof and written statement shall remain on file, nor shall such permit or badge be authority beyond the period fixed therein for its dur^=^ tion. After having received, examined and placed on file such papers the officer shall issue to the child a permit and badge. Principals or chief executive officers of schools in which children under fourteen years are pupils shall keep complete lists of all children in their schools to whom a permit and badge as herein provided have been granted. § 222. Contents of permit and badge. Such permit shall state the date and place of birth of the child, the name and address of its parent, guardian, custodian or next friend, as the case may be, and describe the color of hair and eyes, the height and weight and any distinguishing facial mark of such child, and shall further state that the papers required by the preceding section have been duly examined and filed; and that the child named in such permit has appeared before the officer issuing the permit. The badge furnished by the officer issuing the permit shall bear on its face a number corresponding to the number of the permit, and the name of the child. Every such permit, and every such badge on its reverse side, shall be signed in the presence of the officer issuing the same by the child in whose name it is issued. § 223. Regulations concerning badge and permit. The badge provided for herein shall be worn conspicuously at all times by such child while so working; and all such permits and badges shall expire annually on the first day of January. The color of the badge shall be changed each year. No child to whom such permit and badge are issued shall transfer the same to any other person nor be engaged in any city of the first or second class as a newsboy, or shall sell or expose or offer for sale news- papers, magazines or periodicals in any street or public place without having conspicuously upon his person such badge, and he shall exhibit the same upon demand at any time to any police, or attendance officer. § 224. liimit of hours. No child to whom a permit and badge are issued as provided for in the preceding sections shall sell or expose or offer for sa:le any newspapers, magazines or periodicals after ten o'clock in the evening, or before six o'clock in the morning. § 225. Enforcement of article. In cities of the first or second class, police officers, and the re^lar attendance officers 296 NEW YORK STATE EDUCATION DEPARTMENT appointed by the board of education who are hereby vested with the powers of peace officers for the purpose, shall enforce the pro- visions of this article. § 2^6. Violation of this article, hoiv punislied. Any child who shall work in any city of the first or second class in any street or public place as a newsboy or who shall sell or expose OT offer for sale newspapers, magazines or periodicals in violation of the provisions of this article, shall be arrested and brought before a court or magistrate having jurisdiction to com- mit a child to an incorporated charitable reformatory or other institution and be dealt with according to law; and if any such child is committed to an institution, it shall when practicable, be committed to an institution governed by persons of the same religious faith as the parents of such child. The permit and badge of any child who violates the provisions of this article may bo revoked by the officer issuing the same, upon the recommenda- tion of the principal or chief executive officer of the school which such child is attending, or upon the complaint of any police officer or attendance officer, and such child shall surrender the permit and badge so revoked upon the demand of any attendance officer or police officer charged with the duty of enforcing the provisions of this article. The refusal of any child to surrender such permit and badge, upon such demand, or the sale or offer- ing for sale of newspapers, magazines or periodicals in any street or public place by any child after notice of the revocation of such permit and badge shall be deemed a violation of this article and shall subject the child to the penalties provided for in this section. VIII. FINANCIAL PROVISIONS State Finance Law {L. 1909, ch. 58) § 2-a. The salaries of all officers of the state, and the wages of all employees thereof shall be due from and payable by the state twice each month, on the first and sixteenth days thereof, except where such days fall upon Sunday or a legal holiday v/hen such payments shall be made upon the succeeding business day. Said salaries and wages shall be subject to all the provisions of section thirteen hundred and ninety-one of the code of civil pro- cedure applicable to any wages, debts, earnings or salary, as if the state and the said wages and salary due and payable by it i OTHER LAWS RELATING TO SCHOOLS 297 had been particularly designated therein. The provisions of this section shall be deemed to supersede any other provision of this chapter or of any general or special law inconsistent herewith. [Added hy L. 1910, clu 317.] - - § 40. Gifts to the state of obligations of another state ; hovr held. Whenever any person or persons, copartner- ship, corporation or association shall give, bequeath or assign to the state of N^ew York any bonds, warrants, choses in action or other obligations of any other state, the governor is hereby author- ized in his discretion, to receive and accept the same for the benefit of the state and the right and title thereto and therein shall there- upon pass to and vest in this state and the same and all iJie pro- ceeds thereof when collected shall be held by the comptroller in a special account or fund subject to be appropriated by the legis- lature only for the support of common schools, or for the promo- tion of some educational interest in the state. Whenever it shall be necessary to protect or assert the right or title of the state to any such bonds, warrants, choses in action or other obligations so re- ceived, or to collect or enforce the same or any part thereof, prin- cipal or interest, the attorney general is hereby authorized, and di- rected to take the necessary and proper proceedings or to bring suit thereon in the name of the state in any court of competent juris- diction, state or federaJ, and to prosecute all such suits or pro- ceedings to a termination. § 80. The education fund. The common school fund, the literature fund, and the United States deposit fund, shall con- tinue to consist of all moneys, securities or other property in the treasury of the state, or under the control of any state officer, and of all debts due the state, or real property owned by it, belonging to such funds. The proceeds of all lands which belonged to the state on January first, eighteen hundred and twenty-three, except the parts thereof reserved or appropriated to public use, or ceded to the United States, shall belong to the common school fund. In case of any diminution of capital belonging to the common school fund. United States deposit fund or literature fund, there shall be transferred to the capital of such fund or funds from the income thereof so much as may be necessary to preserve the capi- tal inviolate. Of the income of the United States deposit fund, twenty-five thousand dollars shall annually be added to the capital of the common school fund. It shall be the duty of the comp- troller, at the close of each fiscal year, to transfer to the general 298 NEW YORK STATE EDUCATION DEPARTMENT fund the remainder of the income of the common school fund, United States deposit fund and literature fund, which together with such amounts as may be raised or received by taxation or otherwise for educational purposes, shall constitute the education fund, and appropriations therefrom may be made annually for the support, of the educational system of the state, to be appor- tioned by the commissioner of education in the manner provided by law, which apportionment shall be certified by the commis- sioner of education to the comptroller for distribution and pay- ment. The amount appropriated by the legislature for the sup- port and maintenance of the common school system of the state, shall be payable from the treasury upon the warrant of the comptroller, and the comptroller shall countersign and enter all checks drawn by the treasurer in payment of his warrants, and all receipts of the treasurer for such payments paid to the treas- urer, and no such receipts shall be evidence of payment unless they be so countersigned. IX. FEES OF SUPERVISOR Tovm Law (L. 1909, ch. 63) § 85. Compensation of toivn officers. 3. The supervisor of each town shall be allowed and paid, in the same manner as other town charges are allowed and paid, a fee of one per centum on all moneys paid out by him as such supervisor, including school moneys disbursed by him as pro- vided in the education law, moneys paid out by him for damages arising from dogs killing or injuring sheep as provided in article seven of the county law, moneys in his hands paid out by him for the relief of the poor, and all other town moneys paid out by him for defraying town charges, except moneys expended under article six of the highway law. But no such fee shall be allowed or paid upon moneys paid over by him to his successor in office. Such fees sliall be in full compensation for all services rendered by him in respect to moneys reeeived and paid out by him as such supervisor as provided by law except the compensation provided in section one hundred and ten of the highway law. [As amended hy L, 1909, cl. 491.] I OTHER LAWS RELATING TO SCHOOLS 299 X. SCHOOL COMMISSIONER DISTRICTS County Law (L. 1909, ch. 16) § 12. General powers. The board of supervisors shall:. 9. Divide any school commissioner's district within the county which contains more than two hundred school districts, and erect therefrom an additional school commissioner's district, and when such district shall have been formed, a school commissioner for the district shall be elected in the manner provided by law for the ©lection of school commissioners. [Obsolete. Superseded hy Education Law, art. 14, as amended by L. 1910, ch. 607.] XI. LIQUORS SOLD NEAR SCHOOL-HOUSES Liquor Tax Law (L. 1909, ch. 39) § 23. Places in ivMcli traffic in liquor shall not be permitted. Traffic in liquor shall not be permitted : 2. Under the provisions of subdivision one of section eight of this chapter, in any building, yard, booth or othor place which shall be on the same street or avenue or within two hundred feet of a building occupied exclusively as a church or school-house; the measurements to be taken in a straight line from the center of the nearest entrance of the building used for such church or school to the center of the nearest entrance of the place in which such liquor traffic is desired to be carried on ; provided, however, that this prohibition shall not apply to a pUace which on the twenty-third day of March, eighteen hundred and ninety-six, was lawfully occupied for a hotel, nor to a place in whicii such traffic in liquors was actually lawfully carried on at that date, nor to a place which at such date was occupied, or was in process of con- struction, by a corporation or association which traffics in liquors solely with the members thereof, nor to a place within such limit to which a corporation or association trafficking in liquors solely with the members thereof, at such date may remove . . . nor to a place in which traffic in liquors was lawfully carried on con- tinuously from a date prior to the date when a building on the same street or avenue and within two hundred feet of said place [has been occupied exclusively as a church or school house; nor to any premises which have been continuously occupied for a hotel from a date prior to the date when a building on the same street 300 Js'EW YORK STATE EDtTCATlON DEPARTMENT or avenue and witliin two hundred feet of said premises has been occupied exclusively as a church or schoolhouse; but none of the exemptions under this subdivision shall apply to subdivision one of this section, or . . . [A7nended hy L, 1911, ch. 643.] C XII. SAVINGS BANKS IN SCHOOLS Banking Law (L. 1909, ch. 10) § 160. Advertisements of unauthorized savings banks prohibited. JN'o bank, banking association, individual banker, firm, association, corporation, person or persons shall make use of the word " savings '^ in their banking business, or advertise or put forth any advertising literature, or sign as a savings bank, or in any v^ay solicit or receive deposits as a savings bank, other than a savings bank or a co-operative savings and loan association organized under the laws of the state of New York. It shall, however, be lawful for the principal or superintendent of any public school or schools in the state of New York or for any person designated for that purpose by the board of education or other school authority under which such school shall be to collect once a week, or from time to time, small amounts of savings from the pupils of said school, the same to be deposited by said prin- cipal or superintendent or designated person on the day of col- lection in some savings bank in the state or, in villages and cities in which there is no regularly established savings bank in any savings and loan association, trust company, state or national bank, located, in the state and having an interest department. These moneys shall be placed to the credit of the respective pupils from whom the money shall be collected, or if the amount collected at any one time shall be deemed insufficient for the opening of individual accounts, in the names of said principal or superin- tendent or designated person, in trust, and to be by him eventually transferred to the credit of the respective pupils to whom the same belongs. In the meantime, said principal or superintendent or designated person shall furnish to the bank a list giving the names, signatures, addresses, ages, places of birth, parents' names and such other data concerning the respective pupils as the sav- ings bank may require, and it shall be lawful to use the words " system of school savings banks '' or " school savings banks " in circulars, reports and other printed or written matter used in 1 OTHER LAWS RELATING TO SCHOOLS 301 conneotion with the purposes of this section. Any bank, banking association, individual banker, firm, association, corporation, per- son or persons violating this provision shall forfeit to the people of the state for every offense the sum of one hundred dollars for every day such offense shall be continued provided, however, that upon the subsequent establishment of a savings bank, the deposit of such moneys, or the continuance of deposits, in any savings and loan association, trust company, state or national bank, pre- viously used as a depository of school savings, shall not be deemed a violation of the provisions of this act. [As amended hy L, 1909, ch, 497.] XIII. LEGALIZING SCHOOL BONDS; R'ATE OF INTEREST General Municipal Law (L, 1909, ch, 29) ARTICLE 2-a [Inserted hy L. 1911, ch. 769.] Legalizing Bonds or Proceedings for Issuance Section 22. Legalizing proceedings. 23. Petition. 24. !N"otice of presentation of petition; filing; answer. 25. Hearing. 26. Determination of court. 27. Appeal. Ii. 28. Effect of determination. I 29. Definitions. § 22. Legalizing proceedings. Proceedings heretofore or hereafter taken by a municipal corporation authorized by law to issue bonds, or by its officers, agents or voters, pursuant to a Statute authorizing or requiring such proceedings, may be legalized and confirmed by the supreme court in the manner and with the effect provided by this article. A proceeding may be instituted ereunder for the purposes of legalizing and confirming such pro- eedings taken prior to the issuance and sale of such bonds, or for he purpose of legalizing and confirming such preliminary pro- eedings and also the issuance, sale and form of such bonds. Such 302 NEW YORK STATE EDUCATION DEPARTMENT a proceeding may be instituted by the officer or officers of such municipal corporation authorized or required by law to sell such bonds, or if the purpose of such proceeding also includes the legal- izing and confirming of the proceedings in respect to the issuance, sale and form of such bonds, by any taxpayer of the municipal corporation or by a purchaser or holder of such bonds. § 23. Petition. The officer or person commencing such pro- ceeding shall present a verified petition to a special term of the supreme court held within the judicial district in which such mu- nicipal corporation is wholly or partly situated, stating the statute under which it is proposed to issue such bonds or under which such bonds were issued, the purpose thereof, the aggregate amount of bonds proposed to be issued or issued, the time when such bonds are payable, and all proceedings that have been taken by the municipal corporation, or by its officers, agents or voters, in respect to the issuance and sale of such bonds, and praying that such court shall investigate the law and facts in relation to such proceedings and determine whether such proceedings substantially complied with the statute under which it is proposed to issue and sell such bonds, or under which such bonds were issued and sold. Such petition may also state any particular in which the petitioner deems that such proceedings may not have complied with the statute under which it is proposed to issue and sell such bonds, or under which the same were issued and sold. § 24. Notice of presentation of petition; filing; ansiver. A notice stating the time and place of the presentation of such petition and briefly describing the proceedings sought to be legalized and confirmed shall be published at least twice in a newspaper, if any, published in the municipal corporation, or if no newspaper be published therein, in a newspaper published in the city, village or town nearest to such municipal corporation. Such publication shall be made at least twenty and not more than thirty days prior to the date of such hearing. Such notice shall also be posted in at least ten conspicuous public places in the municipal corporation. If such proceeding be instituted by a taxpayer, or a purchaser or holder of bonds which have been issued, such notice shall also be served upon the mayor of a city, the president of a village, the supervisor of a town, or the officer, board or commission authorized or required by law to sell such bonds, and upon any known purchaser or holder of such bonds. OTHER LAWS RELATING TO SCHOOLS 303 Such notice sliall be so served personally or by mail at least twenty days before the date of such hearing and shall be accompanied by the petition proposed to be presented at such hearing, and at least ten days prior to such hearing such municipal corporation may. serve on the petitioner a verified answer to such petition. If such proceeding be instituted by a municipal officer or officers, a copy of the petition proposed to be presented at the hearing shall be filed in the office of the officer or officers authorized or required by law to sell such bonds. At any time prior 'to such hearing a taxpayer of such municipality, or if such bonds have been issued, a holder or purchaser may file in such office a verified answer to such petition. § 25. Hearing:. At the time of such hearing any taxpayer of the municipal corporation, or if such bonds have been issued, any holder or purchaser thereof may intervene and with the consent of the court be made a party thereto. Upon such hearing any party to such proceeding may appear, by counsel, and may produce and examine witnesses as to the proceedings taken in respect to the issue and sale of such bonds. Such witnesses shall be subject to cross-examination by any party appearing at such hearing. The court may appoint a referee to take testimony in respect to the proceeding for the issuance and sale of such bonds and may otherwise require the parties thereto to produce proof, by affidavit or otherwise, of any facts which may tend to enable the court to make a full and complete determination in respect to the proceed- ings for the issuance and sale of such bonds. § 26. Determination of court. If, after such hearing and investigation, such court is satisfied that the statute under which such proceedings were taken authorized bonds to be issued by the municipal corporation for the aggregate amount for which it is proposed to issue the same, or for the amount of bonds issued and sold thereunder if such bonds have been already issued and sold, and that the proceedings taken by such municipal corporation, its officers, agents or voters, prior to the issuance and sale of such bonds, or including the issuance and sale of such bonds have been already issued, substantially complied with the statute under which it is proposed to issue such bonds, or under which such bonds were issued and sold, the court may, by order, legalize and confirm the proceedings taken prior to the issue and sale of such proposed I 304 NEW YOEK STATE EDUCATION DEPARTMENT bonds, or if such bonds have been issued, including the proceedings on the issuance and sale thereof and the form of the bonds issued thereunder, with the same force and effect as though all the pro- visions of law in relation to such proceedings and form had been strictly complied with. The court may determine that such statute was substantially complied with if it authorized the aggregate amount of bonds proposed to be issued or issued thereunder, that the proposition to issue such bonds was adopted at the election, if any, to which it was submitted or by the required vote of the meeting of the body or board to which it was submitted, and that such bonds, if issued and sold were sold at not less than par and at a rate of interest no greater than was authorized by the statute under which such bonds were issued, notwithstanding any irregu- larity or technicality in the form of proposition or resolution pro- posing or authorizing such issue, or in the notice of the election or of the meeting of the board or body adopting such resolution or authorization, or in the time or manner of service thereof, or in the conduct of the election or meeting at which such proposition or authorization was adopted, or in that such proposition was sub- mitted more than once within one year or other shorter period than authorized by law, or, if such bonds have already been issued in the manner of issuance or sale thereof, or in the time or times of payment thereof, or notwithstanding any other technical or formal irregularity of like nature in such proceedings. If the court is satisfied that the proceedings for the issuance and sale of such bonds did not substantially comply with the statute under which it was proposed to issue and sell the same or under which the same were issued and sold, he may make an order accordingly specifying the particulars in which he deems that such proceedings failed to comply with such statute. § 27. Appeal. An appeal may be taken to the ai)pellate divi- sion from the order of the supreme court legalizing and confirming such proceedings, or refusing to legalize and confirm the same. Such appeal must be taken within ten days after the entry of the order, by the service of the notice of appeal upon all the parties to such proceeding who appeared personally or by counsel at the hearing before the supreme court. The decision of the appellate division thereon shall be final. § 28. Effect of determination. If the order of the su- preme court legalizes and confirms such proceedings, upon the OTllEIt LAWS RELATING TO SCHOOLS dOo expiration of the time to appeal therefrom if no appeal be taken, or upon the entry of the final order of the appellate division con- firming such order of the supreme court, such proceedings shall be deemed legalized and confirmed. If such proceeding was insti- tuted to legalize and confirm proceedings prior to the issuance and sale of such bonds, the officer or officers of such municipal corpo- ration authorized to issue such bonds may issue and sell the same accordingly, and the validity of such bonds shall not thereafter be in any manner questioned by reason of any defect or irregularity in such preliminary proceedings, and nothwithstanding any such irregularity or defect shall be binding and legal obligations upon the municipal corporation issuing and selling the same. If such proceeding was instituted to legalize and confirm the proceedings for the issue and sale of bonds that were issued and sold at the time such proceeding was instituted, such bonds shall be valid and binding obligations upon the municipal corporation, in like man- ner, and the validity thereof shall not in any manner be questioned by reason of any irregularity or defect in the proceedings for the issue and sale of such bonds, or in the form thereof. § 29. Definitioiis. The term " municipal corporation " as used in this article includes a city, county, village, town, school district, sewer district, water district, lighting district or any other district or territory authorized by law to issue bonds. The term '' bonds " as used in this article includes bonds, cor- porate stock, certificates of indebtedness or any other obligations whereby a municipal corporation agrees to pay a stated sum of money. § 21. Maximum rate of interest on municipal bonds. If in any general or sj)ecial law heretofore passed authorizing or requiring an issue of bonds by a municipal corporation, or by any department, board, commission, or officer thereof, a maximum rate of interest on the bonds to be issued thereunder be prescribed, the rate of interest on such bonds hereafter issued in pursuance of such general or special law may be fixed by the department, board, commission or officer charged by law with the duty of issuing such bonds at any rate not more than the LBgal rate of interest, notwith- standing the provisions of such general or special law prescribing a different maximum rate. The term " municipal corporation " as used in this section includes a city, county, village, town, school district, sewer district, water district, lighting district or any other district or territory authorized by law to issue bonds, and the term 306 NEW YORK STATE EDUCATION DErARTMENT " bonds " includes bonds, corporate stock, certificates of indebted- ness or any other obligation whereby a municipal corporation agrees to pav a stated sum of money. [Added hy L. 1911, ch. 573.] XIV. AGRICULTURAL EDUCATION AND COUNTRY LIFE ADVANCEMENT L. 1911, ch. Y85. AN ACT to create a state advisory board in relation to agricultural education and country life advancement. § 1. An advisory board in relation to the promotion and direc- tion of agricultural education and the advancement of country life is hereby created to consist of twelve persons as follows: The commissioner of education, commissioner of agriculture, di- rector of the l!^ew York state college of agriculture, director of the New York agricultural experiment station, director of the I^ew York state veterinary college, director or dean of the state schools of agriculture at Alfred university, Alfred, ^NT. Y., Saint Lawrence university. Canton, N. Y., and Morrisville, IST. Y., a member of the state fair commission, to be designated by the com- mission, and the remaining three members to be appointed by and hold office during the pleasure of the governor. It shall be the duty of said board to consider plans for the pro- motion and direction of agricultural education and the advance- ment of the interest in country life. Said board shall on or be- fore the first day of February of each year report to the governor of the state its views and recommendations upon the above ques- tions. The representatives of the departments or institutions as above set forth shall be the head or chief executive officer of such depart- ment or institution or a person duly designated by such head or executive officer; said board to serve without compensation for services. § 2. This act shall take effect immediately. OTHER LAWS RELATING TO THE UNIVERSITY 307 APF^ENIDIX B OTHER LAWS RELATING TO THE UNI- VERSITY I. Incorporation of educational etc. corporations 1. General provisions as to incorporation 2. Tax to be paid upon incorporation 3. Other provisions as to powei*s and limitations II. Gifts, devises and bequests for educational uses 1. Portion of estate to be devised or bequeathed 2. Gifts and bequests authorized 3. Grants and devises authorized 4. Accumulation for use of educational corporations 5. Transfer ta:x on devises and bequests III. Libraries and state museum IV. Supervisor of public records and state historian I. INCORPORATION OF EDUCATIONAL ETC. CORPORATIONS 1. General Provisions as to Incorporation Stwte Constitution, Art, 8 § 1. Corporations may be formed under general laws; but shall not bo created by special act, except for municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation can not be attained under general laws. All gen- eral laws and specia^l acts passod pursuant to this section may be altered from time to time or repealed. Business Corporations Law (L. 1909. ch. 12) § 2. Incorporation. Except as provided in section two-a of this chapter, three or more persons may become a stock cor- poration for any lawful business purpose or purposes other than a moneyed corporation, or a corporation provided for by the bank- ing, the insurance, the railroad and the transportation corpora- tions laws, or an educational institution or corporation which may be incorporated as provided in the education law, by mak- ing, signing, acknowledging and filing a certificate which shall contain: [As amended hy L, 1909, ch, 484.] 808 NEW YORK STATE EDUCATION DEPARTMENT MemhersJiip Corporations Law (L. 1909, cJi. 40) § 40. Purposes for -ivliich corporations may be formed under this article. A membership corporation may be created under this article for any lawful purpose, except a pur- pose for which a corporation may be created under any other article of this chapter, or any other general law than this chapter. See also Education Law, § 1097, § 1099. The Statutory Revision Commis- sion called special attention before the enactment of this law to the fact that it would not allow incorporation, except by the regents, of any library, museum, or other institution or association for the promotion of science, literature, art, history, or other department of knowledge. All such corpora- tions must hereafter be created only under section 1097 of the education law and by act of the regents; 2. Tax to be Paid upon Incorporation Tax Law (L. 1909, ch. 62) § 180. Organization tax. Every stock corporation in- corporated under any law of this state shall pay to the state treasurer a tax of one-twentieth of one per centum upon the amount of capital stock which the corporation is authorized to have, and a like tax upon any subsequent increase. Provided, that in no case shall such tax be less than five dollars. Such tax shall be due and payable upon the incorporation of such cor- poration or upon the increase of its capital stock. Except in the case of a railroad corporation neither the secretary of state nor county clerk shall file any certificate of incorporation or article of association, or give any certificate to any such corporation or association until he is furnished a receipt for such tax from the state treasurer, and no stock corporation shall have or exercise any corporate franchise or powers, or carry on business in this state until such tax shall have been paid. And in case of a decrease of capital stock, upon which the tax required by law has been paid, and a subsequent increase thereof, a tax shall be paid only upon so much of such increase as exceeds the amount of capital stock upon which a tax has been before paid. In case of the consolidation of existing corporations into a corporation, such new corporation shall be required to pay the tax nereinbefore provided for only upon the amount of its capital stock in excess of the aggregate amount of capital stock of said corporations. This section shall not apply to state and national banks or to building, mutual loan, accumulating fund and co-operative asso- ciations. A railroad corporation need not pay such tax at the OTHEE LAWS RELATING TO THE UNIVERSITY 309 time of filing its certificate of incorporation, but shall pay the same before the public service commission shall grant a certificate, as required by the railroad law, authorizing the construction of the road as proposed in its articles of association, and such cerlifi^ cate shall not be granted by the public service commission until it is furnished with a receipt for such tax from the state treasurer. If the board of railroad commissioners or public service commis- sion shall have heretofore granted, or the public service commis- sion shall hereafter grant, such certificate and upon an appeal from the determination of such board of railroad commissioners or public service commission, such certificate has been or may hereafter be denied the comptroller shall refund the amount of tax so paid to the railroad corporation or corporations by which such tax was paid, upon proof of payment being presented and appropriation being made therefor. ^Amended hy L. 1911, ch, 91, in effect April 29, 1911.] 3. Other Provisions as to Poivers and Limita- tions General Corporation Law (L. 1909, cli. 28.) § 11. Grant of general poivers. Every corporation as such has power, though not specified in the law under which it is incorporated. . . 3. To acquire by grant, gift, purchase, devise or bequest, to hold and to dispose of such property as the purposes of the cor- poration shall require, subject to such limitations as may be pre- scribed by law. § 12. Enlargement of limitations upon the amount of the property of non-stock corporations. If any general or special law heretofore passed, or any certificate of in- corporation, shall limit the amount of property a corporation other than a stock corporation may take or hold such corporation may take and hold property of the value of ten million dollars or less, or the yearly income derived from which shall be one million dol- lars or less, notwithstanding any such limitations. In computing the value of such property, no increase in value arising otherwise than from improvements made thereon shall be taken into account. [As amended hy L. 1909, ch. 276, and L. 1911, ch. 581.] § 13. Acquisition of additional real property. When any corporation, except a life insurance corporation, shall have 310 NEW YOEK STATE EDUCATION DEPARTMENT sold or conveyed any part of its real property, the supreme court may, notwithstanding any restriction of a general or special law, authorize it to purchase and hold from time to time other real property, upon satisfactory proof that the value of the property so purchased does not exceed the value of the property so sold and conveyed within the three years next preceding the application. § 34. Quorum of directors and powers of majority. The affairs of every corporation shall be managed by its board of directors, at least one of whom shall be a resident of this state. Unless otherwise provided a majority of the board of directors of a corporation at a meeting duly assembled shall be necessary to constitute a quorum for the transaction of business and the act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors. The members of a corporation may in by-laws fix the number of directors necessary to constitute a quorum at a number less than a majority of the board, but at least equal to one-third of its number. Subject to the by-laws, if any, adopted by members of a corporation, the directors may make necessary by-laws of the corporation. § 300. Application of preceding articles to certain corporations. Articles fifth, sixth or seventh of this chapter do not apply to a religious corporation; or to a municipal or other political corporation, created by the constitution, or by or under the laws of this state; or to any corporation which the regents of the university have power to dissolve, except upon the application of the regents, or of the trustees of such a corporation ; and in aid of its liquidation under such dissolution. § 306. A receiver of the property of a corporation can be ap- pointed only by the court, and in one of the following cases : 1. An action, brought as prescribed in article fifth, sixth or seventh of this chapter. 2. An action brought for the foreclosure of a mortgage upon the property, of which the receiver is appointed, where the mort- gage debt, or the interest thereupon, has remained unpaid at least thirty days after it was payable, and after payment thereof was duly demanded of the proper officer of the corporation and where either the income of the property is specifically mortgaged, or the property itself is probably insufficient to pay the mort- gage debt OTHER LAWS RELATING TO THE UNIVERSITY 311 3. An action brouglit by the attorney-general, or by a stock- holder, to preserve the assets of a corporation, having no officer empowered to hold the same. 4. A special proceeding for the voluntary dissolution of a cof — poration. 5. Upon the application of the regents of the university, in aid of the liquidation of a corporation whose dissolution they con- template or have decreed ; or upon the application of the trustees of such a corporation, with notice to the regents. Where the receiver is appointed in an action, otherwise than by 01 pursuant to a final judgment, notice of the application for his appointment must be given to the proper officer of the corporation. II. GIFTS, DEVISES AND BEQUESTS TOR EDUCATIONAL USES 1. Portion of Estate to be Devised or Be- queathed • Decedent's Estate Law (L. 1909, cJi. 18) § 17. Devise or bequest to certain societies, asso- ciations and corporations. 'No person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scien- tific, religious or missionary society, association or corporation, in trust or otherwise, more than one half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall b© valid to the extent of one half, and no more. For the purpose of ascertaining the estate, only half of which can be devised to charitable or educational corporations, under the act of 1860, the widow's dower and the debts are to be first deducted. A testator can not give to two or more corporations in the aggregate more than he can give to a single object; viz., one-half of his estate (Chamberlain V. Chamberlain, 43 N. Y. 425). To ascertain whether the sums bequeathed to charitable corporations exceed one-half the estate, when the sums so bequeathed are first given for life to other persons, the present value in money of the estate and the present value of the portion given must be estimated by the help of annuity tables (Hollis V. Drew Theological Seminary, 9o N. Y. 166). Heirs at law of a testator, however remote their relationship may be, are entitled to raise the objection that a devise or bequest is invalid under the act of 1860 (Rich v. TiflFany, 2 App. Div. 25). 312 l^EW YORK STATE EDUCATION DEPARTMENT 2. Gifts and Bequests Authorized Personal Property Law (L. 1909, ch. 45) § 12. Gifts and bequests of personal property for charitable purposes. 1. j^o gift, grant, or bequest to re- ligious, educational, charitable, or benevolent uses, which shall in other respects be valid under the laws of this state, shall be deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries thereunder in the instrument creating the same. If in the instrument creating such a gift, grant, or bequest there is a trustee named to execute the same, the legal title to the property ^iven, granted, or be- queathed for such purposes shall vest in such trustee. If no person be named as trustee then the title to such property shall vest in the supreme court. 2. The supreme court shall have control over gifts, grants and bequests in all cases provided for by subdivision one of this section, and, whenever it shall appear to the court that circum- stances have so changed since the execution of an instrument containing a gift, grant or bequest to religious, educational, charitable or benevolent uses as to render impracticable or im- possible a literal compliance with the terms of such instrument, the court may, upon the application of the trustee or of the person or corporation having the custody of the property, and upon such notice as the court shall direct, make an order directing that such gift, grant or bequest shall be administered or expended in such manner as in the judgment of the court will most effectually ac- complish the general purpose of the instrument, without regard to and free from any specific restriction, limitation or direction contained therein ; provided, however, that no such order shall be made without the consent of the donor or grantor of the property, if he be living. [As amended hy L. 1909, ch. 144, § 1.] 3. The attorney-general shall represent the beneficiaries in all such cases, and it shall be his duty to enforce such trusts by proper proceedings in the courts. 4. [Subdivision added by L. 1911, ch. 220, relates to contribu- tions to funds for charitable or benevolent purposes.] This section can have no retroactive force and does not apply to a case where the property had, by the death of the testator, vested before the statute went into effect (Butler v. Trustees, 92 Hun, 96; People v. Powers, 147 N. Y. 109; Simmons v. Burrell, 8 Misc. Eep. 395). OTHER LAWS RELATING TO THE UNIVERSITY 3 13 § 13. Certain educational and other charitable uses authorized. 1. Personal property may be granted, be- queathed, and conveyed to any incorporated college or other literary incorporated institution in this state, to be held in trust for any one or more of the following purposes : (1). To establish and maintain an observatory; (2). To found and maintain professorships and scholarships; (3). To provide and keep in repair a place for the burial of the dead ; or (4). For any other specific purposes comprehended in the general objects authorized by their respective charters. The said trusts may be created, subject to such conditions and visitations as may be prescribed by the grantor or donor, and agreed to by said trustees, and all property which shall hereafter be granted to any incorporated college or other literary incorpo- rated institution in trust for any of the aforesaid purposes, may be held by such college or institution upon such trusts, and sub- ject to such conditions and visitations as may be prescribed and agreed to as aforesaid. 2. Personal estate may be granted, bequeathed, and conveyed to the corporation of any city or village of this state, to be held in trust for any purpose of education, or the diffusion of knowl- edge, or for the relief of distress, or for parks, gardens, or other ornamental grounds, or grounds for the purposes of military parades and exercise, or health and recreation, within or near such incorporated city or village, upon such conditions as may be prescribed by the grantor or donor, and agreed to by such cor- poration. 3. Personal estate may be granted, or bequeathed to commis- sioners of common schools of any town, and to trustees of any school district, in trust for the benefit of the common schools of such town, or for the benefit of the schools of such district. 4. The trusts authorized by this section may continue for such time as may be necessary to accomplish the purposes for which they may be created. See also general municipal law, §§ 140-146. The acts of 1840 and 1841 authorizing charitable and educational corpora- tions to take property in trust without any expressed limit, are not to be cohstrued as extending the capacity to take (if) by their charters (they are) limited to a fixed sum (Chamberlain v. Chamberlain, 43 N. Y. 425). 314 NEW YORK STATE EDUCATION DEPARTMENT § 14. Certain gifts for charitable and educational uses regulated. 1. Any person desiring, in his lifetime, to promote the public welfare by founding, endowing and having maintained a public library, museum or other educational insti- tutions, or a chapel and crematory, within this state, may to that end and for such purposes by grant, in writing, convey to a trustee, or any number of trustees, named in such grant, and to their successors, any personal property belonging to such person. . . , 3. Grants and Devises Authorized Real Property Law (L, 1909, ch. 52) § 113. Grants and devises of real property for charitable purposes. 1. 'No gift, grant, or devise to religious, educational, charitable or benevolent uses, which shall in other respects be valid under the laws of this state, shall be deemed invalid by reason of the indefiniteness or uncertainty of the per- sons designated as the beneficiaries thereunder in the instrument creating the same. If in the instrument creating such a gift, grant, or devise there is a trustee named to execute the same, the legal title to the lands or property given, granted, or devised for such purposes shall vest in such trustee. If no person be named as trustee then the title to such lands or property shall vest in the supreme court. 2. The supreme court shall have control over gifts, grants and devises in all cases provided for by subdivision one of this section, and whenever it shall appear to the court that circumstances have so changed since the execution of an instrument containing a gift, grant or devise to religious, educational, charitable or benevo- lent uses as to render impracticable or impossible a literal com- pliance with the terms of such instrument, the court may, upon the application of the trustee or of the person or corporation having the custody of the property, and upon such notice as the court shall direct, make an order directing that such gift, grant or devise shall be administered or expended in such manner as in the judgment of the court will most effectually accomplish the general purpose of the instrument, without regard to and free from any specific restriction, limitation or direction contained therein ; provided, however, that no such order shall be made with- OTHER LAWS RELATING TO THE UNIVERSITY 315 out the consent of the donor or grantor of the property, if Jie be living. [As amended hy L. 1909, ch. 144, § 2.] 3. The attorney-general shall represent the beneficiaries in all such cases, and it shall be his duty to enforce such trusts by proper proceedings in the courts. This section can have no retroactive force and does not apply to a case where the property had, by the death of the testator, vested before the statute went into effect (Butler v. Trustees, 92 Hun, 96; People v. Powers, 147 N. Y. 109; Simmons v. Burrell, & Misc. Rep. 395). Real Property Law § 114. Certain educational and other charitable uses authorized. 1. Keal property may be granted, devised, and conveyed to any incorporated college or other literary incor- porated institution in this state, to be held in trust for any one or more of the following purposes : (1) To establish and maintain an observatory; (2) To found and maintain professorships and scholarships; (3) To provide and keep in repair a place for the burial of the dead; or (4) For any other specific purposes comprehended in the gen- eral objects authorized by their respective charters. The said trusts may be created, siibject to such conditions and visitations as may be prescribed by the grantor or donor, and agreed to by said trustee, and all property which shall hereafter be granted to any incorporated college or other literary incor- porated institution in trust for any of the aforesaid purposes, may be held by such college or institution upon such trusts, and sub- ject to such conditions and visitations as may be prescribed and agreed to as aforesaid. 2. Real estate may be granted, devised, and conveyed to the corporation of any city or village of this state, to be held in trust for any purpose of education, or the diffusion of knowledge, or for the relief of distress, or for parks, gardens, or other orna- mental grounds, or grounds for the purposes of military parades and exercise, or health and recreation, within or near such incor- porated city or village, upon such conditions as may be prescribed by the grantor or donor, and agreed to by such corporation; and all real estate so granted or conveyed to such corporation may be held by the same, subject to such conditions as may be prescribed and agreed to as aforesaid. 3. Real estate may be granted or devised, io commissioners of 316 NEW YORK STATE EDUCATION DErARTMENT common schools of any town, and to trustees of any school district, in trust for the benefit of the common schools of such town, or for the benefit of the schools of such district. 4. The trusts authorized by this section may continue for such time as may be necessary to accomplish the purposes for which they may be created. See also general municipal law, §§ 140-146. The acts of 1840 and 1841 authorizing charitable and educational corpora- tions to take property in trust without any expressed limit, are not to be construed as extending the capacity to take [if] by their charters [they are] limited to a fixed sum (Chamberlain v. Chamberlain, 43 N. Y. 425). § 115. Certain grants for charitable uses regulated. Any person desiring, in his lifetime, to promote the public welfare by founding, endowing and having maintained a public library, museum or other educational institutions, or a chapel and crema- tory within this state, may to that end and for such purposes by grant, in writing, convey to a trustee, or any number of trustees, named in such grant and to their successors, any real property, be- longing to such person, and situated or being within this state. . . 4. Accumulation for Use of Educational Corporations Personal Property Law {L. 1909, cli. 45) § 16. Validity of directions for accumulation of income. An accumulation of the income of personal property, directed by any instrument sufficient in law to pass such property is valid : 1. If directed to commence from the date of the instrument, or the death of the person executing the same, and to be made for the benefit of one or more minors, then in being, or it being at such death, and to terminate at or before the expiration of their minority. 2. If directed to commence at any period subsequent to the date of the instrument or subsequent to the death of the person executing it, and directed to commence within the time allowed for the suspension of the absolute ownership of personal property, and at some time during the minority of the persons for whose benefit it is intended, and to terminate at or before the expiration of their minority. 3. All other directions for the accumulation of the income of personal property, not authorized by statute, are void. In either i OTHER LAWS RELATING TO THE UNIVERSITY 317 case mentioned in subdivisions one and two of this section a direction for any such accumulation for a longer term than the minority of the persons intended to be benefited thereby, has the same effect as if limited to the minority of such persons, and~is~ void as respects the time beyond such minority. Provided that, the income arising from any personal property granted or conveyed, or bequeathed, in trust to any incorporated college or other incorporated literary institution, for any of the purposes specified in section thirteen of this chapter, or for the purpose of providing for the maintenance of any teacher in a grammar school or institute, may be permitted to accumulate until the same shall amount to a sum sufficient, in the opinion of the regents of the university, to carry into effect any of the charitable uses and trusts mentioned in either section thirteen of this chapter or in this paragraph of this section. Provided, if any of the principal of any trust fund actually received by any incorporated college, or other incorporated literary institution, or by the corporation of any city or village, or by the commissioners of common schools of any town, or by the trustees of any school district, under any grant, conveyance, or bequest, for any of the purposes for which trusts are authorized under section thirteen of this chapter, shall subsequently become dimin- ished from any cause, such diminution may be made up by the accumulation of the interest or income of the principal of such trust fund, in accordance with the directions, if any, contained in the grant, conveyance, or bequest of such trust fund; and if no directions for that purpose are contained in such grant, con- veyance, or bequest, then such diminution may be made up in whole or in part by such accumulation, in the discretion of the trustees of such trust fund ; but in no case shall such accumulation be allowed to increase the trust fund beyond the true amount or value thereof, actually received by the trustees, to be estimated I after the deduction of all liens and incumbrances on such trust fund, and of all expenses incurred or paid by the trustees in the collection or obtaining the possession of the same. Real Property Law (L. 1909, ch, 52) § 61. Accumulations. All directions for the accumula- tion of the rents and profits of real property, except such as are allowed by statute, shall be void. An accumulation of rents and 318 NEW YORK STATE EDUCATION DEPARTMENT profits of real property, for the benefit of one or more persons, may be directed by any will or deed sufficient to pass real prop- erty, as follows: 1. If such accumulation be directed to commence on the creation of the estate out of which the rents and profits are to arise, it must be made for the benefit of one or more minors then in being, and terminate at or before the expiration of their minority. 2. If such accumulation be directed to commence at any time subsequent to the creation of the estate out of which the rents and profits are to arise, it must commence within the time permitted, by the provisions of this article, for the vesting of future estates, and during the minority of the beneficiaries, and shall terminate at or before the expiration of such minority. 3. If in either case, hereinbefore provided for, such direction be for a longer term than during the minority of the beneficiaries, it shall be void only as to the time beyond such minority. Provided, that the income arising from any real property granted, conveyed, or devised in trust to any incorporated college or other incorporated literary institution for any of the purposes specified in section one hundred and fourteen of this chapter, or for the purpose of providing for the support of any teacher in a grammar school or institute, may be permitted to accumulate until the same shall amoimt to a sum sufficient, in the opinion of the regents of the university, to carry into effect any of the chari- table uses and trusts mentioned either in section one hundred and fourteen of this chapter or in this paragraph of this section. Provided, if any of the principal of any trust fund actually received by any incorporated college, or other incorporated literary institution, or by the corporation of any city or village, or by the commissioners of common schools of any town, or by the trustees of any school district, under any grant, conveyance, or devise, for any of the purposes for which trusts are authorized under section one hundred and fourteen of this chapter, shall subse- quently become diminished from any cause, such diminution may be made up by the accumulation of the interest or income of the principal of such trust fund, in accordance with the directions, if any, contained in the grant, conveyance or devise of any such trust fund; and if no directions for that purpose are contained in such grant, conveyance or devise, then such diminution may be made up in whole or in part by such accumulation, in the discre- tion of the trustees of such trust fund j but in no case shall such OTHEB LAWS RELATING TO THE UNIVERSITY 319 accumulation be allowed to increase the trust fund, beyond the true amount or value thereof, actually received by the trustees, to be estimated after the deduction of all liens and incumbrances on such trust fund, and of all expenses incurred or paid by the_ trustees in the collection or obtaining the possession of the same. 5. Transfer Tax on Devises and Bequests Tax Law (L. 1909, ch, 62) § 221. Exceptions and limitations. Any property de- vised or bequeathed to any person who is a bishop or to any religious, educational, charitable, missionary, benevolent, hospital or infirmary corporation, including corporations organized ex- clusively for bible or tract purposes, shall be exempted from and not subject to the provisions of this article. There shall also 'be exempted from and not subject to the provisions of this article personal property other than money or securities bequeathed to a corporation or association wherever incorporated or located, or- ganized exclusively for the moral or mental improvement of men or women or for scientific, literary, library, patriotic, cemetery or historical purposes or for the enforcement of laws relating to children or animals or for two or more of such purposes and used exclusively for carrying out one or more of such purposes. But no such corporation or association shall be entitled to such ex- emption if any officer, member or employee thereof shall receive or may be lawfully entitled to receive any pecuniary profit from the operations thereof except reasonable compensation for services in effecting one or more of such purposes or as proper beneficiaries of its strictly charitable purposes; or if the organization thereof for any such avowed purpose be a guise or pretense for directly or indirectly making any other pecuniary profit for such corporation or association or for any of its members or employees or if it be not in good faith organized or conducted exclusively for one or ^K more of such purposes. [Amended by L. 1911, ch. 732.] III. LIBRARIES AND STATE MUSEUM Insanity Law {L. 1909, ch. 32) §51. • . Libraries may be furnished to any state hospital by the regents of the university of the state of ITew York, subject 320 NEW YORK STATE EDTJCATION DEPARTMENT to regulations adopted bj them and the commission [in lunacy], the expense of which shall be included in the monthly estimates of the hospital. . . General Municipal Law (L. 1909, ch. 29) § 79. Free public libraries. Any municipal corporation may establish and maintain a free public library or museum in accordance with the library provisions of sections ten hundred and twenty-seven to ten hundred and forty-four, both inclusive, of education law. See also education law, §§ 453, 1045-51. Indian Law (L. 1909, cJi. 31) § 27. The university of the state of E^ew York, which was duly elected to the office of wampum-keeper by the Onondaga nation on February twenty-sixth, eighteen hundred and ninety-eight, and which by unanimous action of its regents on March twenty-second, eighteen hundred and ninety-eight, accepted such election as authorized to do by law, and which accepted the custody of the wampums as formally transferred to the chancellor as part of the exercises and with the unanimous approval, both of the election and transfer, by the council of the Five ^Nations held in the senate chamber of the capitol at Albany on June twenty-second, eighteen hundred and ninety-eight, by duly chosen representatives of all the original nations of the Ho-de-no-sau-nee, shall hereafter be recognized in all courts and places, as having every power which has ever, at any time, been exercised by any wampum- keeper of the Onondaga nation, or of any of the Ho-de-no-sau-nee, otherwise known as the Five ligations, or the Six ^N'ations, or the Iroquois, and shall keep such wampums in a fireproof building, as public records, forever, and is hereby authorized to secure by purchase, suit, or otherwise, any wampums which have ever been in the possession of any of the Ho-de-no-sau-nee, or any preceding wampum-keeper, and which are now owned by any of them or to which any of them is entitled, or to which it is entitled, in law or in equity; and to maintain and carry on suit to recover any of such wampums in its own name or in the name of the Onondaga nation at any time notwithstanding that the cause of action may have accrued more than six years, or any time, before the commencement of any such suit. OTHER LAWS RELATING TO THE UNIVERSITY 321 The provisions of this section shall not apply to the subject matter of any litigation pending on March twenty-seventh, eighteen hundred and ninety-nine, in any court of this state. Forest, Fish and Game Law (L. 1909, ch. 24) § 101. Certificate to collect for scientific purposes. A certificate may be issued by the commission, to any person upwards of eighteen years of age, permitting the holder thereof to collect birds, birds' nests or eggs for scientific purposes. Before such certificate is issued, the applicant must file written testi- monials from two well known scientific ornithologists certifying to his good character and fitness to be intrusted with the privilege. Every applicant except an officer of the ^ew York State Museum, must pay one dollar for the expense of issuing the certificate, and must file a bond in the penal sum of two hundred dollars with two responsible sureties to be approved by the commission, con- ditioned that he w411 not violate the provisions of this chapter or avail himself of the privileges of said certificate for other than scientific purposes. Persons receiving such certificate must re- port the result of collections made thereunder annually to the commissioner, at the expiration of the license. Such a certificate shall be in force for one year only from the date of issue and shall not be transferable. IV. SUPERVISOR OF PUBLIC RECORDS AXD STATE HISTORIAN L. 1911, ch. 380 AN ACT relating to public records and historical documents, creating the office of supervisor of public records and transferring said office and the office of state historian to the education department. § 1. Office of supervisor of public records created. The office of supervisor of public records is hereby created. Within ten days after this act takes effect, the governor shall appoint a person to fill such office. ■ § 2. Duties. The supervisor of public records shall examine into the condition of the records, books, pamphlets, documents, manuscripts, archives, maps and papers kept, filed or recorded, or iereaf ter to be kept, filed or recorded in the several public offices 322 NEW YORK STATE EDUCATION DEPAKTMENT the state, and all other public records, books, pamphlets, documents, manuscripts, archives, maps and papers heretofore or hereafter required by law to be kept by any public body, board, institution or society, created under any law of the state in said counties, cities, towns, villages or other political divisions of the state, ex- cept where the same conflicts with the present duties and office of the commissioner of records in the county of Kings and the commissioner of records in the county of ISTew York. § 3. Division of public records and division of his- tory in the education department. 1. On the first day of October, nineteen hundred and eleven, the regents shall organize in the education department a division of public records and also a division of history. The supervisor of public records shall become the chief of the division of public records and the state historian shall become the chief of the division of history. The clerks and employees in such offices shall become clerks and em- ployees in their respective divisions in the education department. Such divisions and the employees thereof shall be subject to the same provisions of law and rules as the other divisions and em- ployees of the education department. 2. All books, pamphlets, papers, records, correspondence, letters, files, archives, maps, manu- scripts and other documents and property belonging to or per- taining to the office of the state historian or the office of the supervisor of public records shall on the first day of October, nineteen hundred and eleven, be transferred to the education de- partment. § 4. Functions of the division of history. It shall be the function of the division of history, subject to the regulations of the regents, to collect, collate, compile, edit and prepare for publication all official records, memoranda and data relative to the colonial wars, war of the revolution, war of eighteen hundred and twelve, Mexican war and war of the rebellion, together with all official records, memoranda and statistics affecting the relations between this commonwealth and foreign powers, between this state and other states and between this state and the United States. § 5. Powers of regents. 1. The education department, pursuant to the education law, shall, on and after October first, nineteen hundred and eleven, have general and exclusive super- vision, care, custody, and control of all public records, books, pam- phlets, documents, manuscripts, archives, maps and papers of any public office, body, board, institution or society now extinct, or J OTIIEK. LAWS RELATING TO THE UNIVERSITY 323 hereafter becoming extinct^ the supervision, care, custody and con- trol of which are not already or shall not hereafter be otherwise provided for by law. 2. Such department shall take such action as may be necessary to put the records hereinabove specified, except as aforesaid, in the custody and condition contemplated by the various laws relating thereto and shall provide for their restora- tion and preservation, and cause copies thereof to be made whenever by reason of age, use, exposure or any casualty, such copies shall in their judgment be necessary. Whenever such a copy is made, and after it has been compared with the original, it shall be certified by the official, person, board or officer having the legal custody and control of said original, and shall thereafter be considered and accepted as evidence and, for all other purposes, the same as the original could be ; provided that the original shall be thereafter cared for and preserved, the same as if.no such copy had been made, for such examination as may be directed by an order of court in any action or proceeding in which the accuracy of the copy is questioned. 3. The officers of any county, city, town or village or other political division of the state or of any institu- tion or society created under any law of the state may transfer to the regents records, books, pamphlets, manuscripts, archives, maps, papers and other documents which are not in general use, and it shall be the duty of the regents to receive the same and to provide for their custody and preservation. It shall also be unlaw- ful for an officer of such political division, institution or society to destroy any such records, books, pamphlets, manuscripts, archives, maps, papers or other documents. § 6. Expenditure of unappropriated moneys. All money heretofore appropriated and unexpended on the first day of October, nineteen hundred and eleven, for the salaries and ex- penses of the state historian and the supervisor of public records, for the salaries of the clerks and employees in such offices and for the expenses incurred or to be incurred in the performance of their official duties and the maintenance of their offices shall be expended under the direction of the board of regents and the commissioner I of education in the same manner as other like expenditures for the education department. § 7. Repeal. All acts or parts of acts inconsistent with or re- I'lignant to the provisions of this act are hereby repealed, § 8. This act shall take effect immediately. ii24 NEW YORK STATE EDUCATION DEPARTAEENT PRACTICE or PROFESSIONS I. Practice of law II. Practice of medicine III. Dental societies and the practice of dentistry IV. Yeterinary medicine and surgery V. Pharmacy VI. Registration of nurses VII. Chiropody VIII. Optometry. IX. Certified public accountants X. Certified shorthand reporters I. PRACTICE OF LAW Judiciary Law (L. 1909, cJi. 35) art. 15 Section 460. Examination and admission of attorneys. 461. State board of law examiners continued. 462. Times and places of examinations. 463. Certification by state board of successful candidates. 464. Annual account by state board of law examiners. 465. Fee for examinations. 466. Attorney's oath of office. 467. Race or sex no bar to admission to practice. 468. Registration of attorneys before beginning to prac- tice. 469. Ofiicial register of attorneys to be kept by clerk of court of appeals. 470. Attorneys having offices in this state may reside in adjoining state. 471. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. 472. Attorney who is surrogate's father or son prohibited from practicing before him. 473. Sheriff's, constables, coroners, criers and attendants prohibited from practicing during term of office. 474. Compensation of attorney or counsellor. 475. Attorney's lien in action or special proceeding. 476. Suspension of attorney from practice must be on notice. PRACTICE OF PROFESSIONS 325 Section 477. Attorney convicted of felony shall cease to l>e at- torney. • 478. Suspension or removal of attorney effective in all courts. 479. Action against attorney for lending his name in suits and against person using name. § 460, Eiiamination and admission of attorneys. A citizen of the state, of full age, applying to be admitted to practice as an attorney or counsellor in the courts of record of the state, must he examined and licensed to practice as prescribed in this chapter. § 461. State board of la-w examiners continued. The state board of law examiners is continued. Said board shall consist of three members of the bar, of at least ten years' stand- ing, who shall be appointed, from time to time, by the court of appeals, and shall hold office, as a member of such board for a term of three years, and until the appointment of his successor. § 462. Times and places of examinations. There shall be examinations of all persons applying for admission to practice as attorneys and counsellor s-at-1 aw at least twice in each year in each judicial department, and at such other times and places as the court of appeals may direct. § 463. Certification by state board of successful candidates. The state board of law examiners shall certify to the appellate division of the supreme court of the department in which each candidate has resided for the past six months every person who shall pass the examination, provided such person shall have in other respects complied with the rules regulating admis- sion to practice as attorneys and counsellors, which fact shall be determined by said board before examination. § 464. Annual account by state board of law exam- iners. The state board of law examiners shall render during I the month of January, an annual account of all their receipts and disbursements to the court of appeals. § 465. Fee for examinations. Every person applying for examination for admission to practice as an attorney and coun- sellor-at-law shall pay such fee, not to exceed fifteen dollars, as may be fixed by the court of appeals as necessary to cover the 326 NEW YORK STATE EDUCATION DEPARTMENT the applicant shajl be entitled to the privilege of not exceeding three examinations. § 466. Attorney's oath of office. Each person, admitted as prescribed in this chapter must, upon his admission, take the constitutional oath of office in open court, and subscribe the same in a roll or book,- to be kept in the office of the clerk of the ap- pellate division of the supreme court for that purpose. § 467. Race or sex no bar to admission to practice. Race or sex shall constitute no cause for refusing any person ex- amination or admission to practice. § 468. Registration of attorneys before beginning to practice. Every person who is hereafter duly licensed and admitted to practice as an attorney and counsellor-at-law in the courts of record of this state by an appellate division of the supreme court, shall subscribe and take and file an oath or affirma- tion which must be substantially in the following form, tlie blanks being properly filled before he begins or is entitled to begin to practice for another as an attorney and counsellor-at-law in the courts of this state or in any court in the county of New York or in the county of Kings: State of ^New York) Oounty, J " I, , being duly sworn (or affirmed) do depose and say that I am a natural bom citizen of the United States (if naturalized, state when and where) and now reside at (or, if a resident of an adjoining state and admitted to practice in the courts of record of this state and whose office for the trans- action of law business is within this state, state the fact), that I was duly and regularly licensed and admitted to practice as an attomey-at-law or as an attomey and counsellor-at-law in the courts of record of this state at the term, 18 . . . ., of the general term (or appellate division) of the supreme court (or other court as the case may be) held at and that I took the constitutional oath of office. Subscribed and sworn to before me, this day of , 189 which oath or affirmation shall be filed in the office of the clerk of the court of appeals by the person making the same, provided, nevertheless, that such affidavit or affirmation may state that the . PRACTICE OF PKOFESSIONS 327 deponent or afBrmant believes that he took the constitTitional oath of office in lieu of stating nnqualifiedly that he did so, where the affidavit or affirmation states, or in substance shows, the deponent's or affirmant's lack of positive or certain recollection of having taken such oath, or shows other substantial reason for thus qual- ifying the affidavit or affirmation on that subject. If any attorney or counsellor-at-law or solicitor in chancery or attorney of or in the supreme court on the first Monday of July, eighteen hundred and forty-seven, who was entitled to file the said oath or affirmation under the provisions of laws of eighteen hun- dred and ninety-eight, chapter one hundred sixty-five, as amended, before July first, eighteen hundred and ninety-nine, has failed to do so, the special term of the supreme court of the judicial dis- trict where such attorney-at-law or attorney or counsellor-at-law resides, may, upon proof by affidavit showing reasonable grounds therefor, grant an order permitting the app'licant to make and file the oath or affirmation required herein, with the same effect as if the same had been made and filed witiiin the time above stated, and relieving him from penalties and prosecutions by reason of failure to make and file such oath or affirmation within the time required. Every person filing with the clerk of the court of appeals the oath or affirmation hereinbefore provided shall pay to the said clerk at the time of such filing the sum of twenty-five cents to defray the necessary disbursements incurred^ by him in carrying out the provisions of this article. A person who practices any fraud or deceit or knowingly makes any false statement in the oath or affirmation in and by this sec- tion required to be made and filed is guilty of felony. § 469. Official register of attorneys to be kept by clerk of court of appeals. It shall be the duty of the clerk of the court of appeals to file in his office the said oaths or affirma- tions aforesaid, and to compile the statements contained thereius and to enter therefrom in a bound book or volume to be kept by him for that purpose, which shall be known and designated as and is hereby made the " official register of attorneys and counsellors- at-law in the state of !N'ew York," in the alphabetical order of the first letter of their surnames, the names and residences and the title of the court and the time and place where admitted, and the date the oath or affirmation aforesaid was filed, of all persons who 328 KEW YOKK STATE EDUCATION DEI'AKTiMENT have filed in his said office the oath or affirmation, as aforesaid, which said '' official register of attorneys and connsellors-at-law in the state of New York/' is hereby declared to be a public record and presumptive evidence that the individuals therein named are duly registered to practice as attorneys and counsellor?- at-law in the courts of record of this state or in any court in the counties of N'ew York and Kings. § 470. Attorneys having offices in this state may reside in adjoining state. A person, regularly admitted to practice as an attoi*ney and counse-llorj in the courts of record of the state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state. § 471. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. The law partner or clerk of a judge shall not practice before him, as attorney or counse'llor in any cause, or be em- ployed in any cause which originated before him. A law partner of, or person connected in law business with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause originating in that court; except where the latter is a member of a court, ex-officio, and does not officiate or take part, a.s a member of that court, in any of the proceedings therein. § 472. Attorney who is surrogate's father or son prohibited from practicing before him. A surrogate's father or son shall not practice or be employed as attorney or counsel, in any case, in which his partner or clerk is prohibited by law from so practicing, or being employed. § 473. Sheriifs, constables, coroners, criers and at- tendants prohibited from practicing during term of office. A sheriff, under sheriff, deputy-sheriff, sheriff's clerk, constable, coroner, crier, or attendant of a court, shall not, during his continuance in office, practice as an attorney or counsellor in any court. § 474. Compensation of attorney or counsellor. The compensation of an attorney or counsellor for his services is gov- erned by agreement, express or implied, which is not res' rained by law. § 475. Attorney's lien in action or special proceed- ing. From the commencement of an action or special proceed- ^ PRACTICE OF rilOFESSIONS . 320 ing, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosoever hands they may come; and the lien can not be affected by any settlement between the parties before or after judgment or final order. The court upon the petition of the client or attorney may determine and enforce the lien. § 476. Suspension of attorney from practice must be on notice. Before an attorney or counsellor is suspended or removed as prescribed in section eighty-eight of this chapter, a copy of the charges against him musit be delivered to him per- sonally or, in case it is established to the Siatisfaction of the court, that he can not be served within the state, the same may be served upon him without the state by mail or otherwise as the court may direct, and he must be allowed an opportunity of being heard in his defense. It shall be the duty of any district at- torney within a department, when so designated by the appellate division of the supreme court, to prosecute all cases for the re- moval or suspension of attorneys and counsellors. § 477. Attorney convicted of felony shall cease to be attorney. Any person being an attorney and counsellor- at-law who shall be convicted of a felony, shall, upon such con- viction, cease to be an attorney and counsellor-at-law, or to be competent to practice law as such. § 478. Suspension or removal of attorney effective in all courts. The suspension or removal of an attorney or counsellor, by the sui>reme court, operates as a suspension or re- moval in every court of the state. § 479. Action against attorney for lending bis name in suits and against person using name. If an attorney knowingly permits a person not being his general law partner, or a clerk in his office, to sue out a mandate, or to prose- cute or defend an action in his name, he, and the person who so uses his name, each forfeits to the party against whom the man- date has been sued OTit, or the action prosecuted or defended, the sum of fifty dollars, to be recovered in an action. 330 NEW YOKK STATE EDUCATION DETARTMENT Court of Appeals Orders, May 14, 1900 Alton B. Parker, Chief Judge 1. It is ordered. That applicants for examination for admis- sion to the bar are to be deemed graduates of colleges or nni- versities, within the meaning and intent of the rnles for the admission of attorneys and connsellors-at-law, when they have sucees'sfully completed a course of college instrnction that re- quires as a condition of graduation at least six full years in liberal arts and sciences in advance of a completed eight year elementary course. 2. It is further ordered. That the university of the state of New York may issue law student certificates upon substantial equivalents and substitutes, to be defined by the rules of the uni- versity, in all eases not provided for by the rules for the admission of attorneys and counsellors-at-law now in force. Rules of the Court of Appeals for the admis- sion of attorneys and counsellors-at-la-w As amended May 17, 1911, to take effect July 1, 1911 I. Admission. IN'o person shall be admitted to practice as an attorney or counsellor in any court of record of the state except upon an order of the appellate division of the supreme court ad- mitting him to the bar and licensing him to practice upon com- pliance with these rules. II. Admission without examination. The following classes of persons may in the discretion of the appellate division be admitted and licensed without examination : 1. Any person admitted to practice and who has practiced five years as a member of the bar in the highest law court in any other state or territory of the American Union or in the District of Columbia. 2. Any person admitted to practice and who has practiced five years in another country whose jurisprudence is based on the })rinciples of the English common law. 3. Any American citizen domiciled in a foreign country whose jurisprudence is based on the principles of the English common law holding a diploma or degree which would entitle him to prac- tice law in the courts of such foreign country if a citizen thereof. PRACTICE OF PROFESSIONS 331 Any person admitted under this rule must possess tlie other qualifications required by these rules and must produce a letter of lecommendation from one of the judges of the highest law court of such other state or country, or furnish other satisfactory evi- dence of character and qualifications. An attorney and counsellor from another state or foreign jurisdiction may in the discretion of any court of record be ad- mitted pro hac vice to participate in the trial or argument of any cause in which he may be employed. III. Admission on examination. Three classes of persons may be admitted to the bar upon examination: 1. Persons who are not graduates of a college or university ; 2. Persons who are graduates of a college or university; and 3. Persons who have been admitted as attorneys and have practiced three years in another state or country. In each class the applicant must prove by his own affidavit to the satisfaction of the state board of law examiners that he is a citizen of the United States, twenty-one years of age, stating his age, and an actual and not a constructive resident of the state for not less than six months immediately preceding and that he has not been examined for admission to practice and been refused admis- sion within four months, and that he has studied law in the manner and according to the conditions in these rules prescribed. Applicants in the first class (i. e., persons who are not graduates of a college or university) must have studied law for a period of four years. Such an applicant may pursue his course of law study wholly by serving a clerkship in the office of a practicing attorney ; or partly by serving such clerkship and partly by attending a law school; but every such applicant must serve such clerkship for a period of at least one year continuously either before examination by the state board of law examiners or after such examination and prior to admission to the bar. Applicants in the second class (i. e., persons who are graduates of a college or university) must have studied law for a period of three years. 'Such an applicant may pursue his course of law study wholly by serving a clerkship in the office of a practicing attorney ; or wholly by attending a law school; or partly by serving such clerkship and partly by attending a law school. Applicants in the third class (i. e., persons who have been ad- mitted as attorneys and have practiced three years in another state or country) must have studied law for a period of one year within 832 NEW YORK STATE EDUCATION DEPAllTMENT this state and pursue such course of study either by serving a clerk- ship or by attendance upon a law school as the applicant may elect. Candidates for admission to the bar under this rule (i. e., upon examination) may be admitted and licensed upon producing and filing with the court the certificate of the state board of law ex- aminers that the applicant has satisfactorily passed the examina- tion prescribed by these rules and has complied with their pro- visions, and upon producing and filing with the court, in the case of applicants in the first class (i. e., persons who are not graduates of a college or university), evidence that he has served a regular clerkship of one year in this state with an attorney or attorneys in regular practice, either before or after having passed such examination. The applicant must also produce and file evi- dence that he is a person of good moral character which must be shown by the affidavits of two reputable persons of the town or city in which he resides, one of whom must be a practicing attorney of the supreme court. Such affidavits must state that the applicant is, to the knowledge of the affiant, a person of good moral character, and must set forth in detail the facts upon which such knowledge is based ; but such affidavits shall not be conclusive and the court may make further examination and inquiry. If the applicant be a graduate of a college, or university, he must have pursued the prescribed course of law study after his gradua- tion, and, if he be a person admitted to the bar of another state or country, he must have pursued his prescribed period of law study after having remained as a practicing attorney in such other state or country for the period of three years. IV. Regulations concerning: preliminary studies. All candidates for admission to the bar upon examination, except applicants in the third class mentioned in rule III (i. e., persons who have been admitted and have practiced thrfee years in another state or country), must have pursued a preliminary course of study evidenced by graduation from a college or university, or by passing a regents' examination or the equivalent, as hereinafter prescribed : Applicants who are not graduates of a college, or university, subject to the limitations and requirements hereinafter, in this subdivision, expressed, or members of the bar as above described, before entering upon the clerkship or attendance at a law school herein prescribed shall have passed an examination conducted under the authority and in accordance with the ordinances and rules of the University of the State of ISTew York, in English, three years; mathematics, two years; Latin, two years; science, one PEACTICE OF PROFESSIONS 333 year; history, two years; or in their substantial equivalents as defined by the rules of the university, and shall have filed a cer- tificate of such fact, signed by the commissioner of education, with the clerk of the court of appeals, whose duty it shall be to return to the person named therein a certified copy of the same, showing the date of such filing. The regents may accept as the equivalent of- and substitute for the examination in this rule prescribed, either, first, a certificate, properly authenticated, of having successfully completed a full year's course of study in any college, or university ; second, a certificate, properly authenti- cated, of having satisfactorily completed a four years' course of study in any institution registered by the regents as maintaining a satisfactory academic standard ; or, third, a regents' diploma. All graduates of a college or university existing under the gov- ernment or laws of any foreign country other than those where English is the language of the people, and all applicants who apply for law students' certificates upon equivalents or substitutes, as above provided, all or any part of which are earned or issued in said foreign countries, shall pass the regents' examination in second year English. The regents' certificate above prescribed shall be deemed to take effect as of the date of the completion of the regents' examination, as the same shall appear upon said certifi- cate. V. Regulations concerning study at la-w schools. The provisions of these rules for study at a law school must be fulfilled by good and regular attendance and successfully com- pleting the prescribed course of instruction at an incorporated law school, or a law school connected with an incorporated college or university, having a law department organized with competent instructors and professors, in which instruction as hereinafter pro- vided is regularly given. Good and regular attendance upon and the successful comple- tion of the prescribed course of instruction at a law school, the school year of which shall consist of not less than thirty-two school weeks, exclusive of vacations, in which not less than ten hours of attendance upon law lectures or recitations of such prescribed course, to be given or conducted by regular members of the fac- ulty, are required in each week, shall be deemed a year's attend- ance under this rule. The same period of time shall not be duplicated for different purposes; except that a student attending a law school, as herein provided, and who, during the vacations of such school, not ex- 334 NEW YORK STATE EDUCATION DEPAKTMENT ceeding tlireo months in any one year, shall pursue his studies in the office of a practicing attorney, shall be allowed to count the time so occupied during such vacation or vacations as part of the clerkship in a law office specified in these rules. VI, Regulations concerning clerkship. The pro- visions of these rules for studying law by the service of a regu- lar clerkship must be fulfilled by serving such clerkship in the office of a practicing attorney of the supreme court in this state, after 'the candidate has attained the age of eighteen years. It shall be the duty of attorneys, with whom a clerkship shall be commenced, to file a certificate of the same in the office of the clerk of the court of appeals, which certificate shall, in each case, state the date of the beginning of the period of clerkship, and such period shall be deemed to commence at the time of such filing and shall be computed by the calendar year. In computing the period of clerkship a vacation actually taken, not exceeding twD months in each year, shall be allowed as a part of such year. VII. Proof to entitle candidate to examination. The state board of law examiners, before admitting an applicant to an examination, shall require proof that the preliminary conditions prescribed by these rules have been fulfilled; which proof shall be made as follows, viz. : First. That the applicant is a college graduate, by the produc- tion of his diploma, or certificate of graduation, under the seal of the college. Second. That he has been admitted to the bar of another state or country, by the production of his license, or certificate, executed by the proper authorities. Third. In all cases where the services of a clerkship is required, that he has served a regular clerkship in the office of a practicing attorney of the supreme court in this state, after the age of eigh- teen years, by producing and filing with the board a certified copy of the attorney's certificate, as filed in the office of the clerk of the court of appeals, and producing and filing an affidavit of the attorney or attorneys with whom such clerkship was served, show- ing the actual service of such a clerkship, the continuance and end thereof, and that not more than two months' vacation was taken in any one year. Both of said affidavits must be to the effect that during the entire period of such clerkship, except during the stated vacation time, the applicant was actually employed by said attor- PKACTICE OF TROFESSIONS 335 ney as a regular law clerk and student in his law office, and under his direction and advice, engaged in the practical work of the office during the usual business hours of the day. Fourth. The time of study allowed in a law school muslrbe proved by the certificate of the teacher or president of the faculty, under whose instructions the person has studied, under the seal of the school, if such there be, in addition to the affidavit of the applicant, which must, also, state the age at which the applicant began his attendance at such law school. Said certificate and affidavit must, also, show that the law school prescribes the course of instruction contemplated by these rules, and each shall also contain the statement that said applicant took the prescribed course of instruction required at said school for the degree of bachelor of laws while in attendance thereat, and bona fide took and success- fully passed all examinations in all the subjects required for said degree during such period of attendance, in each case specifying the subjects in which said applicant took and passed his examina- tions as aforesaid, which proof must be satisfactory to the board of examiners. Fifth. That the applicant has passed the regents' examination, or its equivalent, must be proved by the production of a certified copy of the regents' certificate filed in the office of the clerk of the court of appeals, as hereinbefore provided. Sixth. When it satisfactorily appears that any diploma, affi- davit, or certificate, required to be produced has been lost, or destroyed, without the fault of the applicant, or has been unjustly refused or withheld, or by the death or absence of the person or officer who should have made it, cannot be obtained, the board of law examiners may accept such other proof of the requisite facts as they shall deem sufficient. Seventh. A law student whose clerkship, or attendance at a law school, has already begun, as shown by the records of the court of appeals, or of any incorporated law school, or law school established in connection with any college or university, may, at his option, file or produce, instead of the proofs required by these rules, those required by the rules of the court of appeals in force June 1, 1908. VIII. Regulations concerning examinations. The examination held by such state board of examiners may be conducted by oral or written questions and answers, or partly oral and partly written, but shall be as nearly uniform in the knowl- 336 NEW YOKK STATE EDUCATION l)ErAKTME>;T edge and capacity which they shall require, as is reasonably pos- sible. Every applicant shall be given and required to pass a satis- factory examination in the canons of ethics adopted by the Ameri- can Bar Association and by the l^ew York State Bar Association. An applicant who has failed to pass one examination cannot again be examined, until at least four months after such failure. The state board of law examiners shall be paid as compensation, each, the sum of two thousand dollars per year, and, in addition, such further svim as the court may direct, and an annual sum not exceeding two thousand dollars per year shall be allowed for neces- sary disbursements of the board. Every applicant for examination shall pay to the examiners a fee of fifteen dollars, which shall be applied upon the compensation and allowance above provided, and any surplus thereafter remaining shall be held by the treasurer of the state board of law examiners and deposited in some bank, in good standing, in the city of Albany, to his credit and subject to his draft as such treasurer, when approved by the chief judge. IX. Relief from excusable mistakes. When the filing of a certificate, as required by these rules, has been omitted by excusable mistake, or. without fault, the court may order such filing as of the proper date. X. Additional rules by the appellate division. The justices of the appellate division in each department may adopt for their several and respective departments such additional special rules for ascertaining the moral and general fitness of ap- plicants as to such justices may seem proper. [These rules shall take effect on July 1, 1911.] RULES OF THE NE^^T YORK STATE BOARD OF LAW^ EXAMINERS As amended to taJce effect on July 1, 1911 I. Each applicant for examination must file with the secretar)^ of the board, at least fifteen days before the day appointed for hold- ing the examination at which he intends to apply, the preliminary proofs required by the " rules of the court of appeals for the ad- mission of attorneys and counsellors-at-law," from which it must appear affirmatively and specifically that all the preliminary con- ditions prescribed by said rules have been fulfilled, and also proof PKACTICE OF PBOFESSIONS 337 of the residence of the applicant for six months prior to the date of the said examination, giving place, with street and number, if any, which must he made by his own affidavit. Said affidavit must also state that such residence is actual and not constructive. The board in its discretion may order additional proofs of residence to be filed, and may require an applicant to appear in person before it, or some member thereof, and be examined concerning his quali- fications to be admitted to the examinations. The examination fee of fifteen dollars must be paid to the treasurer at the time the application for examination is filed. To entitle an applicant to a re-examination, he must notify the secretary by mail of his desire therefor, at least fifteen days before the examination at which he intends to appear and file with him, at the same time, his own affidavit stating that he is and has been for the six months prior to such examination an actual and not constructive resident of this state, giving the place of such resi- dence, and street and number, if any. II. Each applicant must be a citizen of the state, of full age; he may be examined in any department, whether a resident thereof or not, but the fact of his having passed the examination will be certified to the appellate division of the judicial department in which he has resided for the six months prior to his examination. He must, however, entitle his papers in the department in which he resides. III. In applying the provisions of rules three and seven of the rules of the court of appeals, " for the admission of attorneys and counsellors-at-law,'' the board will require proof that the college or university of which an applicant claims to be a graduate, main- tains a satisfactory standard in respect to the course of studies completed by him. In case the college or university is registered with the board of regents of the state of ^ew York as maintaining such standard, the applicant must submit to the board, with his diploma or certificate of graduation, the certificate of the said board of regents to that effect, which will be accepted by this board as prima facie evidence of the fact. Such certificate need not be filed in cases where the board of regents, by a general certificate, has certified to this board that the said college or university main- tains a satisfactory college standard leading to the degree with which the applicant graduated. In all other cases the applicant 338 NEW YORK STATE EDUCATION DErAETMEXT must submit with his diploma or certificate of graduation satis- factory proof of the course of study completed by him and of the character of the college or university of which he claims to be a graduate. IV. The papers filed by each applicant must be attached together, and there must be indorsed upon them the name of the applicant. The papers must be entitled, ^^ In the matter of the application of for admission to the bar." Each applicant must state the beginning and the end of each term spent in a law school, his age when he began his attendance upon the law school, as well as the beginning and the end of each vacation that he has had. V. An applicant who has been admitted to the bar as an attorney in another state or country, and who has remained therein as a practicing attorney for the period of three years, may prove the latter fact by his own affidavit, and must present also a certificate from a judge of the court in which he was admitted, or from a county judge in said state, certifying that the applicant had re- mained in said state or country as a practicing attorney for said period of three years, after he had been admitted as an attorney therein. The signature of the judge must be certified to by the clerk of the court or by the county clerk under the seal of the court. VI. The board will divide the subjects of examination into two groups, as follows: Group one, pleading and practice and evi- dence; group two, substantive law, viz.: real property, contracts, partnership, negotiable paper, principal and agent, principal and surety, insurance, bailments, sales, criminal law, torts, wills and administration, equity, corporations, domestic relations, legal ethics and the Constitutions of ^ew York state and of the United States. Each applicant will be required to obtain the requisite standard in both groups and on his entire paper to entitle him to a certificate from the board. If he obtains the required standard in either group and not on his entire paper he will receive a pass card for the group which he passes and will not be required to be re-examined therein. He will be re-examined in the group in which he failed or on the entire paper if he failed in both groups at any subsequent examination for which he is eligible and for which he gives notice as required by these rules. PRACTICE OF PROFESSIONS 339 II. PRACTICE OF MEDICINE Public Health Law (L. 1909, ch. 49), art. 8 Section 160. Definitions. 161. Qualifications. 162. The state board of medical examiners. 163. Certificate of appointment; oath; powers. 164. Expenses. 165. Officers; meetings; quorum; committees. 166. Admission to examination. 167. Questions. 168. Examinations and reports. 169. Licenses. 170. Eegistry; revocation of license; annulment of reg- istry. 171. Eegistry in another county. 172. Certificate presumptive evidence; unauthorized registration and license prohibited. 173. Construction of this article. 174. Penalties and their collection. § 160. De^nitions. As used in this article: 1. " The education department '' means the education depart- ment of the state of I^Tew York as provided for by the education law. 2. " University " means university of the state of New York. 3. '^Regents'' means board of regents of the university of the state of New York. 4. " Board " means the board of medical examiners of the state of New York. 5. " Medical examiner " means a member of the board of medical examiners of the state of New York. 6. ^' Medical school " means any medical school, college or department of a university, registered by the regents as main- taining a proper medical standard and as legally incorporated. 7. The practice of medicine is defined as follows: A person practices medicine within the meaning of this article, except as hereinafter stated, who holds himself out as being able to diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical condition, and who shall either offer or undertake, by any means or method, to diagnose, treat, operate or 340 T^W YORK STATE EDUCATION DErAETMENT prescribe for any human disease, pain, injury, deformity or physical condition. 8. " Physician " means a practitioner of medicine. § 161. Qualifications, ^o person shall practice medicine, unless registered and legally authorized prior to September first, eighteen hundred and ninety-one, or unless licensed by the regents and registered under article eight of chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three and acts amendatory thereto, or unless licensed by the regents and registered as required by this article; nor shall any person practice under this article who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of the state board. The conviction of a felony shall include th,e conviction of any offense which if committed within the state of ^ew York would constitute a felony under the laws thereof. § 162. Tlie state board of medical examiners. The state board of medical examiners is continued. The members of said board now in office shall continue in office until the expira- tion of their respective terms. Said board shall consist of nine members who shall be appointed by the regents and who shall hold office for three years from August first of the year in which appointed. The regents shall annually appoint three members to fill the vacancies caused by expiration of term of office, and may at any time fill vacancies on the board caused by death, resig- nation, or removal from office. 'No person shall be appointed a member of the board of medical examiners who is not eligible to .receive a license to practice from the regents in accordance with the provisions of this article or of chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three and acts amendatory thereof and who has not been in practice in this state for at least five years prior to date of appointment. The regents may remove any member of the board of examiners for misconduct, incapacity or neglect of duty. The regents shall ap- point a secretary to the board of examiners, who shall not be a member of the board, and who shall hold office during the pleasure of the regents and who shall receive an annual compensation of four thousand dollars, payable from the fees received under this article. The secretary shall be a duly licensed physician. § 163. Certificate of appointment; oath; powers. Every medical examiner shall receive a certificate of appointment PEACTICE OF TEOFESSIONS 341 from the regents and before beginning his term of office shall file with the secretary of state the constitutional oath of office. The board, or any committee thereof, may employ counsel, shall have the power to compel the attendance of witnesses, and may talce. testimony and po-oofs concerning all matters within its juris- diction. The board may, subject to the regents' approval, make all by-laws and rules not inconsistent with law needed in per- forming its duties ; but no by-law or rule by which more than a majority vote is required for any specified action by the board shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. § 164. Expenses. The fees derived from the operation of this article shall be paid into the state treasury, and the legis- lature shall annually appropriate therefrom for the education de- partment an amount sufficient to pay all proper expenses incurred pursuant to this article. § 165. Officers; meetings; quorum; committees. The board shall annually elect from its members a president and a vice- president for the academic year, and shall hold one or more meet- ings each year pursuant to call of the regents. At any meeting a majority shall constitute a quorum ; but questions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the board and approved by the regents. § 166. Admission to examination. The regents shall admit to examination any candidate who pays a fee of twenty-five dollars and submits evidence, verified by oath, and satisfactory to the regents, that he 1. Is more than twenty-one years of age. 2. Is of good moral character. 3. Had prior to beginning the second year of medical study the general education required preliminary to receiving the degree of bachelor or doctor of medicine in this state. 4. Has studied medicine not less than four school years, includ- ing four siatisfactory courses of at least seven months each in four different calendar years in a medical school registered as main- taining at the time a standard satisfactory to the regents. ISTew York medical schools and 'New York medical students shall not be discriminated against by the registration of any medical school out of the state whose minimum graduation standard is less than that fixed by statute for New York medical schools. The regents may, in their discretion, accept as the equivalent for any part of 342 NEW YOKK STATE EDUCATION DEPARTMENT the third and fourth requirement, evidence of five or more years' reputable practice, provided that such substitution be specified in the license, and, as the equivalent of the first year of the fourth requirement, evidence of graduation from a registered college course, provided that such college course shall have included not less than the minimum requirements prescribed by the regents for such admission to advanced standing. The regents may also in their discretion admit conditionally to the examination in anatomy, physiology, hygiene, sanitation, and chemistry, appli- cants nineteen years of age certified as having studied medicine not less than two years, including two satisfactory courses of at least seven months each, in two different calendar years, in a medical school registered as maintaining at the time a satisfactory standard, provided that such applicants meet the second and third requirements. 5. Has either received the degree of bachelor or doctor of medi- cine from some registered medical school, or a diploma or license conferring full right to practice medicine in some foreign country unless admitted conditionally to the examinations as specified above, in which case all qualifications, including the full period of study, the medical degree and the final examinations in surgery, obstetrics, gynecology, pathology, including bacteriology, and diagnosis, must be met. The degree of bachelor or doctor of medi- cine shall not be conferred in this state before the candidate has filed with the institution conferring it the certificate of the regents that before beginning the first annual medical course counted toward the degree, unless matriculated conditionally as herein- after specified, he had either graduated from a registered college or satisfactorily completed a full course in a registered academy or high school ; or had a preliminary education considered and ac- cepted by the regents as fully equivalent ; or held a regents' medi- cal student certificate; or passfed regents' examinations securing sixty academic counts, as provided in the rules of the regents, or their full equivalent, before beginning the first annual medical course counted toward the degree, unless admitted conditionally as hereinafter specified. A medical school may matriculate con- ditionally a student deficient in not more than one year's aca- demic work or fifteen counts of the preliminary education require- ment, provided the name and deficiency of each student so ma- triculated be filed at the regents' office within three months after matriculation, and that the deficiency be made up before the stu- dent begins the second annual medical course counted toward the PRACTICE OF PROFESSIONS 343 degree; provided, however, that on and after the taking effect of this act, medical schools shall not matriculate conditionally students who are deficient in any part of the preliminary edu- cational requirements specified in this subdivision. lAmended hy L. 1912, ch, 141, in effect January 1, 1913.] 6. Where the application be for a license to practice osteopathy, the applicant shall produce evidence that he has studied osteopathy not less than three years including three satisfactory courses of not less than nine months each in three different calendar years in a college of osteopathy maintaining at the time a standard sat- isfactory to the regents. After nineteen hundred and ten the applicant for a license to practice under this article shall produce evidence that he has studied not less than four years including four satisfactory courses of not less than seven months each in four different calendar years in a college maintaining at the time a standard satisfactory to the regents. § 167. Questions. The board shall submit to the regents, as required, lists of suitable questions for thorough examination in anatomy, physiology, hygiene, sanitation, chemistry, surgery, obstetrics, gynecology, pathology, including bacteriology, and diagnosis. From these lists the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates, except that the examination may be divided as provided in section one hundred and sixty-six. § 168. Examinations and reports. Examinations for licenses shall be given in at least four convenient places in this state and at least four times aimually, in accordance with the regents' rules, and shall be exclusively in writing and in English. Each examination shall be conducted by a regents' examiner who shall not be one of the medical examiners. At the close of each examination the regents' examiner in charge shall deliver the. questions and answer papers to the board or its duly authorized committee, who, without unnecessary delay, shall examine and mark the answers and transmit to the regents an official report, signed by its president and secretary, stating the standing of each candidate in each branch, his general average and whether the board recommends that a license be granted. Such report shall include the questions and answers and shall be filed in the public records of the university. If a candidate fails on first examination, he may, after not less than six months' further study, have a second examination without fee. If the failure is from illness 84:4 NEW YORK STATE EDUCATION DEPARTMENT or other cause satisfactory to the regents they may waive the required six months' study. § 169. Licenses. On receiving from the state board an official report that an applicant has successfully passed the exami- nations and is recommended for license, the regents shall issue to him a license to practice according to the qualifications of the applicant. Every license shall he issued by the university under seal and shall be signed by each acting medical exam,iner and by the officer of the university who approved the credential which admitted the candidate to examination, and shall state that the licensee has given satisfactory evidence of fitness as to age, char- acter, preliminary and medical education and all other matters required by law, and that after full examination he has been found properly qualified to practice. Applicants examined and licensed by other state examining boards registered by the regents as main- taining standards not lower than those provided by this article and applicants who matriculated in a 'New York state medical school before June fifth, eighteen hundred and ninety, and who received the degree of doctor of medicine from a registered medi- cal school before August first, eighteen hundred and ninety-five, may without further examination, on payment of twenty-five dollars to the regents and on submitting such evidence as they may require, receive from them an indorsement of their licenses or diplomas conferring all rights and privileges of a regents' license issued after examination. The commissioner of education may in his discretion on the approval of the board of regents indorse a license or diploma of a physician from another state, provided the applicant has met all the preliminary and professional quali- fications required for earning a license on examination in this state, has been in reputable practice for a period of ten years, and has reached a position of conceded eminence and authority in his profession. If any person, whose registration is not legal because of some error, misunderstanding or unintentional omission, shall submit satisfactory proof that he had all requirements pre- scribed by law at the time of his imperfect registration and was entitled to be legally registered, he may on unanimous recoi^- mendation of the state board of medical examiners receive from the regents under seal a certificate of the facts which may be registered by any county clerk and shall make valid the previous imperfect registration. Before any license is issued it shall be numbered and recorded in a book kept in the regents' office, and its number shall be noted in the license; and a photograph of the PRACTICE OF PROFESSIONS 345 licensee filed with the records. This record shall be open to public inspection, and in all legal proceedings shall have the same weight as evidence that is given to a record of conveyance of land. § 170. Registry; revocation of license; annulment of registry. Every license to practice medicine shall, before the licensee begins practice thereunder, be registered in a book kept in the clerk's office of the county where such practice is to be carried on, with name, residence, place and date of birth, and source, number and date of his license to practice. Before registering, each licensee shall file, to be kept in a bound volume in a county clerk's office, an affidavit of the above facts, and also that he is the person named in such license, and had, before receiving the same, complied with all requirements as to attend- ance, terms and amount of study and examinations required by law and the rules of the university as preliminary to the confer- ment thereof ; that no money was paid for such license, except the regular fees paid by all applicants therefor; that no fraud, mis- representation or mistake in any material regard was employed by any one or occurred in order that such license should be conferred. Every license, or if lost a copy thereof legally certified so as to be admissible as evidence, or a duly attested transcript of the record of its conferment, shall, before registering, be exhibited to the county clerk, who, only in case it was issued or indorsed as a license under seal by the regents, shall indorse or stamp on it the date and his name preceded by the words, " registered as authority to practice medicine in the clerk's office of county." The clerk shall thereupon give to every physician so registered a transcript of the entries in the register with a certificate, under seal that he has filed the prescribed affidavit. The licensee shall pay to the county clerk a total fee of one dollar for registration, affidavit and certificate. The regents shall have power at any and all times to inquire into the identity of any person claiming to be a licensed or registered physician and after due service of notice in writing, require him to make reasonable proof, satisfactory to them, that he is the person licensed to practice medicine under the license by virtue of which he claims the privilege of this article. When the regents find that a person claiming to be a physician, licensed under this article, is not in fact the person to whom the license was issued, they shall reduce their findings to writing and file them in the office of the clerk of the county in which said person resides or practices medicine. Said' certificate shall be prima facie evidence that the person mentioned therein is falsely 346 ISTEW YORK STATE EDUCATION DEPARTMENT impersonating a practitioner or a former practitioner of a like or different name. The regents may revoke the license of a prac- titioner of medicine, or annnl his registration, or do both, in any of the following cases : (a) A practitioner of medicine who is guilty of any fraud or deceit in his practice, or who is gnilty of a crime or misdemeanor, or who is guilty of any fraud or deceit by which he was admitted to practice; or (b) Is an habitual drunkard or habitually addicted to the use of morphine, opium, cocaine, or other drugs having a similar effect; or (c) Who undertakes or engages in any manner or by any ways or means whatsoever, to procure or perform any criminal abortion as the same is defined by section eighty of the penal law ; or (d) Who offers or undertakes by any manner or means to violate any of the provisions of section eleven hundred and forty- two of the penal law. Proceedings for revocation of a license or the annulment of registration shall be begun by filing a written charge or charges against the accused. These charges may be preferred by any person or corporation, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the executive officer of the board of regents, and a copy thereof filed with the secretary of the board of medical examiners. The board of medical exam- iners, when charges are preferred, shall designate three of their number as a committee to hear and determine said charges. A time and place for the hearing of said charges shall be fixed by said committee as soon as convenient, and a copy of the charges, together with a notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel, at least ten days before the date actually fixed for said hearing. Where personal service or service upon counsel can not be effected, and such fact is certified on oath by any person duly authorized to make legal service, the regents shall cause to be published for at least seven times, for at least twenty days prior to the hearing, in two daily papers in the county in which the physician was last known to practice, a notice to the effect that at a definite time and place a hearing will be had for the purpose of hearing charges against the physician upon an application to PRACTICE OF PROFESSIONS 347 revoke his license. At said hearing the accused shall have the right to cross-examine the witnesses against him and to produce witnesses in his defense, and to appear personally or by counsel. The said committee shall make a written report of its findings and" recommendations, to be signed by all its members, and the same shall be forthwith transmitted to the executive officer of the board of regents. If the said committee shall unanimously find that said charges, or any of them, are sustained, and shall unanimously- recommend that the license of the accused be revoked or his regis- tration be annulled, the regents may thereupon in their discretion, revoke said license or annul said registration, or do both. If the regents shall annul such registration, they shall forthwith transmit to the clerk of the county or counties in which said accused is registered as a physician, a certificate under their seal certifying that such registration has been annulled, and said clerk shall, upon receipt of said certificate, file the same and forthwith mark said registration " annulled." Any person who shall practice medicine after his registration has been marked " annulled " shall be deemed to have practiced medicine without registration. Where the license of any person has been revoked, or his regis- tration has been annulled as herein provided, the regents may, after the expiration of one year, entertain an application for a new license, in like manner as original applications for licenses are entertained ; and upon such new application they may in their discretion, exempt the applicant from the necessity of undergoing any examination. § 171. Registry in another county. A practicing phy- sician having registered a lawful authority to practice medicine in one county, and removing such practice or part thereof to another county, or regularly engaging in practice or opening an office in another county shall show or send by registered mail to the clerk of such other county, his certificate of registration. If such certificate clearly shows that the original registration was of an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter county, on receipt of a fee of twenty-five cents, and. shall stamp or indorse on such certificate the date and his name preceded by the words, ^' registered also in county," and return the certificate to the applicant. 348 NEW YOKK STATE EDUCATION DEPAKTMENT § 172, Certificate presumptive evidence; unau- thorized registration and license prohibited. Every unrevoked certificate and indorsement of registrj, made as pro- vided in this article, shall be presumptive evidence in all courts and places, that the person named therein is legally registered. Hereafter no person shall register any authority to practice medi- cine unless it has been issued or indorsed as a license by the regents. 'No such registration shall be valid unless the authority registered constituted, at the time of registration, a license under the laws of the state then -in force. No diploma or license con- ferred on a person not actually in attendance at the lectures, instruction and examinations of the school conferring the same, or not possessed at the time of its conferment of the requirements then demanded of medical students in this state as a condition of their being licensed so to practice, and no registration not in accordance with this article shall be lawful authority to practice medicine, nor shall the degree of doctor of medicine be conferred causa honoris or ad eundem nor if previously conferred shall it be a qualification for such practice. § 173. Construction of this article. This article shall not be construed to affect commissioned medical officers serving in the United States army, navy or marine hospital service, while so commissioned ; or any one while actually serving without salary or professional fees on the resident medical staff of any legally incorporated hospital ; or any legally registered dentist exclusively engaged in practicing dentistry; or any person or manufacturer who mechanically fits or sells lenses, artificial eyes, limbs or otber apparatus or appliances, or is engaged in the mechanical examina- tion of eyes, for the purpose of constructing or adjusting spectacles, eye glasses and lenses; or any lawfully qualified physician in other states or countries meeting legally registered physicians in this state in consultation ; or any physician residing on a border of a neighboring state and duly licensed under the laws thereof to practice medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or receive calls within this state ; or any physician duly registered in one county called to attend isolated cases in another county, but not residing or habitually practicing therein ; or the furnish- ing of medical assistance in case of emergency ; or the domestic administration of family remedies ; or the practice of chiropody ; or the practice of the religious tenets of any church. This article riiACTlCE OF TKOFESSlOiSS 349 shall be construed to repeal all acts or parts of acts authorizing conferment of any degree in medicine causa honoris or ad eundem or otherwise than on students duly graduated after satisfactory completion of a preliminary medical course not less than tliat_ required by this article as a condition of license. It is further provided that any person who shall be actively engaged in the practice of osteopathy in the state of l^ew York on the thirteenth day of May, nineteen hundred and seven, and who shall present to the board of regents satisfactory evidence that he is a graduate in good standing of a regularly conducted school or college of osteopathy within the United States which at the time of his or her graduation required a course of study of two years or longer, including the subjects of anatomy, physiology, pathology, hygiene, chemistry, obstetrics, diagnosis and the theory and practice of osteopathy, with actual attendance of not less than twenty months, which facts shall be shown by his or her diploma and affidavit, shall upon application and payment of ten dollars be granted, without examination, a license to practice osteopathy, provided application for such license be made within six months after the thirteenth day of ]\ray, nineteen hundred and seven. A license to practice osteopathy shall not permit the holder thereof to admin- ister drugs or perform surgery w^ith the use of instruments. Licenses to practice osteopathy shall be registered in accordance with the provisions of this article, and the word osteopath be included in such registration; and such license shall entitle the holder thereof to the use of the degree D. O., or doctor of osteopathy. § 174. Penalties and their collection. Any person who, not being then lawfully authorized to practice medicine within this state and so registered according to law, shall prac- tice medicine within this state without lawful registration or in violation of any provision of this article; and any person who shall buy, sell or fraudulently obtain any medical diploma, license, record or registration, or who shall aid or abet such buying, selling or fraudulently obtaining, or who shall practice medicine under cover of any medical diploma, license, record or registration il- legally obtained, or signed, or issued unlawfully or under fraudu- lent representations or mistake of fact in a material regard, or who, after conviction of a felony, shall attempt to practice medi- cine, or shall so practice, and any person who shall in connection with his name use any designation tending to imply or designate 350 NEW YORK STATE EDUCATION DEPARTMENT him or her as a practitioner of medicine within the meaning of this article without having registered in accordance therewith, or any person who shall practice medicine or advertise to practice medicine under a name other than his own, or any person not a registered physician who shall advertise to practice medicine, shall be guilty of a misdemeanor. Any person who shall practice medicine under a false or assumed name, or who shall falsely personate another practitioner or former practitioner of a like or different name, shall be guilty of a felony. When any prose- cution under this article, or under sections eleven hundred and forty-two, eighty, eighty-one, eighty-two, seventeen hundred and forty-seven of the penal law, and any amendments thereto, is made on the complaint of any incorporated medical society of the state, or any county medical society entitled to representation in a state society, any fines collected shall be paid to the society making the complaint, and any excess of the amount of fines so paid over the expense incurred by the said society in enforcing the medical laws of this state, shall be paid at the end of the year to the county treasurer. III. DENTAL SOCIETIES AND THE PRAC- TICE OF DENTISTRY PuUic Health Law (L. 1909, ch. 49) art, 9 Section 190. Definitions. 191. State dental society. 192. District dental societies. 193. Powers of district dental societies. 194. Licentiates. 195. State board of dental examiners. 196. Examinations. 197. Degrees. 198. Licenses. 199. Kegistration. 200. Examination fees. 201. Revocation of licenses. 202. Construction of this article. 203. Penalties. § 190. Definitions. As used in this article, the terms " university," " regents " and " physicians " have respectively the PBACTICE OF PBOFESSIONS 361 meanings defined in article eight of this chapter. " Board," where not otherwise limited, means the board of dental examiners of the state of 'New York. " Registered medical or dental school " means a medical or dental school, college or department of a university, registered by the regents as maintaining a proper educational standard and legally incorporated. " Examiner," where not otherwise qualified, means a member of the board. " State dental society," means the dental society of the state of New York. § 191. State dental society. The dental society of the state of New York is continued, and shall be composed of eight delegates from each district society divided into four classes of two delegates, each to be elected annually, and of two delegates from each incorporated dental school of the state to be elected annually. The state dental society shall annually meet on the second Wednesday of May, or at such other time and at such place as may be determined on in the by-laws of the society or by resolution, at the preceding annual meeting. Twenty members shall be a quorum. The society shall elect annually a president, vice-president, secretary and treasurer, who shall hold their offices for one year, and until others shall be chosen in their places, and may elect permanent members at any annual meeting from among members of district soeieties of the state, who shall have all the privileges of delegate members ; the number of permanent mem- bers so elected shall be fixed by the by-laws of the society. The society may elect honorary members from any state or country not eligible to regular membership, who shall not be entitled to vote or hold any office in the society. lAmeyided by L. 1912^ cJi. I7il.] § 192. District dental societies. The existing district dental societies are continued. In any judicial district in which a district dental society is not now incorporated, fifteen or more dentists of such district authorized to practice dentistry in this state may become a district dental society of such district, by publishing a call for a meeting of the dentists of the district to be held at a time and place mentioned therein within the district, in at least one newspaper in each county of the district, at least once a week for at least four weeks immediately preceding the time when such meeting is to be held, and by meeting at the time and place specified in such notice with such dentists authorized to practice dentistry in the district as may respond to such call, and by making and filing with the secretary of the state dental society a certificate, to be executed and acknowledged by the dentists so 852 NEW YORK STATE EDUCATION DEPARTMENT meeting', or by at least fifteen of them, which shall set forth that such meeting has been held pursuant to such notice, the corporate name of the society, which shall be the district dental society of the judicial district where located, the names and places of residence of the officers of the society for the first year, or until the first annual meeting, which officers shall be a president, vice- president, secretary and treasurer, the time and place of the annual meeting of the society, the general objects and purposes of the association and the names of eight delegates to the state society divided into four classes of two delegates each, to hold office until the first, second, third and fourth annual meeting thereafter, respectively. And thereon the persons executing such certificate and all other dentists in good standing and authowzed to practice dentistry in such district, who shall subscribe to its by-laws, shall be a corporation by the name expressed in such certificate. § 193. Powers of district dental societies. Every licensed and registered dentist in the judicial district in which such society is formed, shall be eligible to membership in the district society of the district where he resides or practices dentistry. Every district society shall at every annual meeting choose two delegates to the state dental society, each to serve four years, and may fill all vacancies occurring in their respective delegations in the state society. Every district dental societv shall at its annual meeting appoint not less than three nor more than five censors to continue in office for one year and until others are chosen, who shall constitute a district board of censors. The dental societies of the respective districts of the state shall have power to make all needful by-laws not inconsistent with the laws of this state for the management of their affairs and property and the admission and expulsion of members; providing, that no by-law of any district society shall be repugnant to or inconsistent with the by-laws of the state society. Said societies may purchase and hold real and personal estate for the purposes of their incor- poration; provided that the property of a district society shall not exceed in value five thousand dollars, and the property of the state society shall not exceed in value twenty-five thousand dollars. § 194. Licentiates. Only the following persons shall be deemed licensed to practice dentistry: 1. Those duly licensed and registered as dentists in this state prior to the first day of August, eighteen hundred and ninety-five, pursuant to the laws in force at the time of their license and registration. PRACTICE OF PROFESSIONS 3;")IJ 2. Those duly licensed and registered after the first day of August, eighteen hundred and ninety-five, pursuant to the pro- visions of this chapter. § 195. State board of dental examiners. The exist- ing state board of dental examiners shall be divided into four classes and their terms of office shall continue except that said terms shall expire on the thirty-first day of July in each year. After July thirty-first, nineteen hundred and ten, the state board of dental examiners shall be increased by the addition of a mem- ber residing in the ninth judicial district, who shall be appointed in the manner provided by this section, for a term of four years, commencing on the first day of August, nineteen hundred and ten, and who shall be a member of the class whose terms com- mence on such date. Before the day when the official terms of the members of any of said classes shall expire, the regents shall appoint their successors, to serve for the term of four years from said day. Such appointment shall be made from nominations in number twice the number of the outgoing class made by such society to the regents prior to the second Tuesday in June of each year. In default of such nominations, the regents shall appoint such examiners from the legally qualified dentists in the state belonging to the state dental society. The regents, in the same manner, shall also fill vacancies in the board that may occur. All nominations and appointments shall be so made that every vacancy in the board shall be filled by a resident of the same judicial district in which the last incumbent of the office resided. The board shall elect at its annual meeting from its members a president and a secretary and shall hold one or more meetings each year pursuant to call of the regents. 'No person shall be appointed an examiner unless he shall have received a dental degree from a body lawfully entitled to confer the same, and in good standing at the time of its conferment, and shall have been engaged within the state during not less than five years prior to • his appointment in the • actual and lawful practice of dentistry. N^or shall any person connected with a dental school as professor, trustee or instructor be eligible to such appointment. Cause _ being shown before them the regents may remove an examiner B from office on proven charges of inefficiency, incompetency, im- m moralitv or unprofessional conduct. \_Amended by L, 1910. ^ch. 137.] I 354 NEW YORK STATE EDUCATION DEPARTMENT § 196. Examinations. The regents shall admit to exam- ination any candidate who shall pay the fee herein prescribed and submit satisfactory evidence, verified by oath if required, that he : 1. Is more than twenty-one years of age; 2. Is of good moral character; 3. Has a preliminary education equivalent to graduation from a four-year high school course registered by the regents, or an education accepted by the regents as fully equivalent. 4. Subsequently to receiving such preliminary education either has been graduated in course with a dental degree from a regis- tered dental school, or else, having been graduated in course from a registered medical school with a degree of doctor of medicine, has pursued thereafter a course of special study of dentistry for at least two years in a registered dental school and received there- from its degree of doctor of dental surgery, or else holds a diploma or license conferring full right to practice dentistry in some foreign country and granted by some registered authority, or else has lawfully practiced dentistry for more than twenty-five years without this state and within the United States. Provided that any person who then being a bona fide student of dentistry in this state under private preceptorship was entitled to file on or 1)efoTe the thirty-first day of July, eighteen hundred and ninety- five, with the secretary of the state dental society a certificate of study under private preceptorship and who did at any time prior to the first day of January, nineteen hundred and four, upon sworn proof of such fact file such a certificate with the regents, may be admitted to examination before the board. Any member of the board may inquire of any applicant for examination con- cerning his qualifications and may take testimony of any one in regard thereto, under oath, which he is hereby empowered to administer. \^Amended hy L. 1911, ch. 786.] § 197. Degrees. ]^o degree in dentistry shall be •'•onferred in this state except the degree of doctor of dental surgery. Said degree shall not be conferred upon any one unless he shall have satisfactorily completed a course of at least three years in a registered dental school, or having been graduated in course from a registered medical school with the degree of doctor of medicine shall have pursued satisfactorily thereafter a course of special study of dentistry for at least two years in a registered dental school; nor shall said degree be conferred upon any one, unless prior to matriculation in the institution conferring his profes- sional degree, or before begiiming the second course of lectures PRACTICE OF PllO:^ESSiONg 355 counted toward such degree he shall have filed with said institu- tion a regents' certificate that he has received the required pre- liminary education evidenced as aforesaid ; provided further, how- ever, that tlie regents may confer upon all persons who shall hav^ received the degree of master of dental surgery under the laws of this state, prior to March twenty-eighth, nineteen hundred and one, the degree of doctor of dental surgery in lieu of said mas- ter's degree. § 198. liicenses. On certification by the board of dental examiners that a candidate has successfully passed its examina- tions and is competent to practice dentistry, the regents shall, issue to him their license so to practice pursuant to the rules established by them. On the recommendation of the board, the regents may also, without the examination hereinbefore provided for, issue their license to any applicant therefor who shall furnish proof satisfactory to them that he has been duly graduated from a registered dental school and has been thereafter lawfully and reputably engaged in such practice for six years next preceding his application ; or who holds a license to practice dentistry in any other state of the United States granted by a state board of dental examiners, indorsed by the dental society of the state of New York, provided, that in either case his preliminary and profes- sional education shall have been not less than that required in this state. Every license so issued shall state on its faco the grounds on which it is granted and the applicant may be required to fur- nish his proofs on affidavit. § 199. Registration. Every person practicing dentistry in this state and not lawfully registered before April seventeenth, eighteen hundred and ninety-six, shall register in the office of the clerk of the county where his place of business is located, in a book kept by the clerk for such purpose, his name, age, office alid post-office address, date and number of his license to practice dentistry and the date of such registration, which registration he shall be entitled to make only upon showing to the county clerk his license or a duly authenticated copy thereof, and making an affidavit stating name, age, birthplace, the number of his license and the date of its issue; that he is the identi'jal person named in the license; that before receiving the same he complied with all the preliminary requirements of this article and the rules of the regents and board as to the terms and the amount of study and examination ; that no money, other than the fees prescribed 12 356 NEW YORK STATE EDUCATIOI^ DEPARTMENT by this article and said rules, was paid directly or indirectly for such license, and that no fraud, misrepresentation or mistake in a material regard was employed or occurred in order that such license should be conferred. The county clerk shall preserve such aiSdavit in a bound volume and shall issue to every licentiate duly registering and making such affidavit, a certificate of regis- tration in his county, which shall include a transcript of the registration. 'Such transcript and the license may be offered as presumptive evidence in all courts of the facts stated therein. The county clerk's fee for taking such registration and affidavit and issuing such certificate, shall be one dollar. A practicing dentist having registered a lawful authority to practice dentistry in one county of the state and removing such practice or part thereof to another county, or regularly engaging in practice or opening an office in another county, shall show or send by regis- tered mail to the clerk of such other county his certificate of registration. If sueh certificate clearly shows that the original registration was of an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter county, on receipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate, the date and his name, preceded by the words, ^^ registered also in county," and return the certificate to the applicant. Any person who having lawfully registered as aforesaid shall thereafter change his name in any lawful manner shall register the new name with marginal note of the former name; and shall note upon the margin of the former registration the fact of such change and a cross reference to the new registration. A county clerk who knowingly shall make or suffer to be made upon the book of registry of dentists kept in his office any other entry than is provided for in this section shall be liable to a penalty of fifty dollars to be recovered by the state dental society in a suit in any court having jurisdiction. § 200. Examination fees. Every applicant for license to practice dentistry shall pay a fee of not more than twenty-five dollars. From the fees provided by this article the regents may pay all proper expenses incurred by them under its provisions, and any surplus at the end of any academic year shall be paid to the society nominating the examiners to defray its expenses incurred under the law. I PRACTICE OF PROFESSIONS 357 § 201. Revocation of licenses. If any practitioner of dentistry be charged under oath before the board, with unpro- fessional or immoral conduct, or with gross ignorance, or ineffi- ciency in his profession, the board shall notify him to appear before it at an appointed time and place, with counsel, if he so desires, to answer said charges, furnishing to him a copy thereof. Upon the report of the board that the accused has been guilty of unprofessional or immoral conduct, or that he is grossly ignorant or inefficient in his profession, the regents may suspend the person so charged from the practice of dentistry for a limited season, or may revoke his license. Upon the revocation of any license, the fact shall be noted upon the records of the regents and the license shall be marked as canceled, of the date of its revocation. Upon presentation of a certificate of such cancellation to the clerk of any county wherein the licentiate may be registered, said clerk shall note the date of the cancellation on the register of dentists and cancel the registration. A conviction of felony shall forfeit a license to practice dentistry, and upon presentation to the regents or a county clerk by any public officer or officer of a dental society of a certified copy of a court record showing that a practitioner of dentistry has been convicted of felony, that fact shall be noted on the record of license and clerk's register, and the license and registration shall be marked " canceled." Any person who, after conviction of a felony shall practice dentistry in this state, shall be subject to all the penalties prescribed for the unlicensed prac- tice of dentistry, providing that if such conviction be subsequently reversed upon appeal and the accused acquitted or discharged, his license shall become again operative from the date of such ac- quittal or discharge. § 202. Construction of this article. This article shall not be construed to prohibit an unlicensed person from perform- ing merely mechanical work upon inert matter in a dental office or laboratory, or the student of a licentiate from assisting the latter in his performance of dental operations while in the pres- ence and under the personal supervision of his instructor; or a student in an incorporated dental school or college from perform- ing operations for purposes of clinical study under the supervision and instruction of preceptors; or a duly licensed physician from treating diseases of the mouth or performing operations in oral surgery. But nothing in this article shall be construed to permit the performance of independent dental operations by an unli- censed person under cover of the name of a registered practitioner 358 ]s:ew york state education department or in his office. !N'or shall anything in this article be construed to require of students matriculated in registered dental or medical schools before the first day of January, nineteen hundred and five, any other or higher qualification for the dental license or degree than was demanded by existing laws as interpreted by the regulations of the regents at the date of their matriculation. § 203. Penalties. A. A person who, in any county of this state, practices or holds himself out to the public as practicing dentistry, not being at the times of said practice or holding out, a dentist licensed to practice as such in this state and registered in the office of the clerk of such county, pursuant to the general laws regulating the practice of dentistry, is guilty of a mis- demeanor and punishable upon conviction of a first offense by a fine of not less than fifty dollars, and upon conviction of a subse- quent offense by a fine of not less than one hundred dollars, or by imprisonment for not less than two months or by both such fine and imprisonment. Any violation of this section by a person theretofore convicted under the then existing laws of this state of practicing dentistry without license or registration, shall be in- cluded in the term " a subsequent offense." Every conviction of unlawful practice or holding out subsequent to a first conviction thereof shall be a conviction of a second offense. Every practi- tioner of dentistry must display in a conspicuous place upon the house or in the office wherein he practices his full name. If there are more dental chairs than one in any office or dental parlor the name of the practitioner must be displayed on or by said chair in plain sight of the patient. Any person who shall practice dentistry without displaying his name as herein prescribed; and any pro- prietor, owner or manager of a dental office, establishment or parlor who shall fail so to display or cause to be displayed the name of each person employed as a practicing dentist or practic- ing as a dentist in said office, establishment or parlor, shall be guilty of a misdemeanor and punishable upon a first conviction by a fine of fifty dollars, and upon every subsequent conviction by a fine of not less than one hundred dollars, or by imprisonment for not less than sixty days, or by both fine and imprisonment. B. A person shall be deemed guilty of a misdemeanor, and upon every conviction thereof shall be punished by a fine of not less than two hundred and fifty dollars, or by imprisonment for not less than six months, or by both fine and imprisonment, who 1. Shall sell or barter or offer to sell or barter any diploma or I PKACTICE OF PROFESSIONS 359 docnment conferring or purporting to confer any dental degree or any certificate or transcript made or purporting to be made pur- suant to the laws regulating the license and registration of den- tists; or 2. Shall purchase or procure by barter any such diploma, cer- tificate or transcript with intent that the same shall bo used as evidence of the cfualifications to practice dentistry of any person other than the one upon whom it was lawfully conferred or in fraud of the laws regulating such practice; or, 3. Shall, with fraudulent intent, alter in a material regard any such diploma, certificate or transcript ; or, 4. Shall use or attempt to use any such diploma, certificate or transcript which has been purchased, fraudulently issued, counter- feited or materially altered either as a license or color of license to practice dentistry or in order to procure registration as a dentist ; or, 5. Shall practice dentistry under a false or assumed name ; or, 6. Shall assume the degree of bachelor of dental surgery, doctor of dental surgery, or master of dental surgery, or shall append the letters B. D. S., D. D. S., M. D. S., to his name, not having had duly conferred upon him by diploma from some college, school or board of examiners legally empowered to confer the same, the right to assume said titles ; or shall assume any title or append or prefix any letters to his name with the intent to represent falsely that he has received a medical or dental degree or license; or, 7. Shall falsely personate another at any examination, held by the regents or by the board, of the preliminary or professional education of candidates for dental students' certificates, dental degrees or licenses, or who shall induce another to make or aid and abet in the making of such false personation or who shall know- ingly avail himself of the benefit of such false personation, or who shall knowingly or negligently make falsely any certificate required by the regents or board in connection with their examina- tions. C. Any person who in any affidavit or examination required of an applicant for examination, license or registration under the laws regulating the practice of dentistry, or under the laws, ordi- nances or regulations governing the regents' examination of the I)reliniinary education required for a dental student's certificate shall make wilfully a false statement in a material regard shall be guilty of perjury and punishable upon conviction thereof by im- prisonment not exceeding ten years. 360 NEW YORK STATE EDUCATION DEPAETMENT D. All courts of special sessions and police justices sitting as courts of special sessions shall bave jurisdiction in the first in- stance to hear and determine all charges of misdemeanors men- tioned in this article committed within their local jurisdiction, and to impose all the penalties provided for misdemeanors in this article; provided, however, that the power of said courts and jus- tices to hear and determine such charges shall be divested, if be- fore the commencement of a trial before such court or justice, a grand jury shall present an indictment against the accused per- son for the same offense, or if a justice of the supreme court or a county judge of the county shall grant a certificate in the man- ner provided by law in cases of misdemeanor, that it is reason- able that such charge be prosecuted by indictment. E. All fines, penalties and forfeitures of bail imposed or col- lected on account of violations of the laws regulating the practice of dentistry must be paid to the state dental society. Said society may prefer complaints for violations of the law regulating the practice of dentistry before any court, tribunal or magistrate hav- ing jurisdiction thereof and may by its officers, counsel and agents aid in presenting the law and the facts before such court, tribunal or magistrate in any proceeding instituted by it. IV. VETERINARY MEDICINE AND SUR- GERY Public Health Law (L. 1909, ch. 49), art. 10 Section 210. Definitions. 211. Qualifications for practice. 212. State board of veterinary medical examiners. 213. Certificate of appointment; oath; powers. 214. Expenses. 215. Officers; meetings; quorum; committees. 216. Admission to examination. 217. Questions. 218. Examinations and reports. 219. Licenses. 220. Registry. 221. Registration in another county. 222. Certificate presumptive evidence; unauthorized registration and license prohibited. 223. Construction of this article. 2'24. Penalties and their collection. I PRACTICE OF PROFESSIONS 361 § 210. Definitions. As used in this article : 1. " University " means university of the state of New York. 2. " Regents '' means boiard of regents of the university of the state of New York. 3. " Board " means a board of veterinary medical examiners of the state of New York. 4. '^ Veterinary medical examiner " means a member of a board of veterinary medical examiners of the state of New York. 5. " Veterinary school " means any veterinary school, college or department of a university, registered by the regents as maintain- ing a proper veterinary medical standard and as legally incor- porated. 6. " Veterinary medicine " means veterinary medicine and sur- gery, or any branch thereof. 7. " Veterinarian " means veterinary physician and surgeon. § 211. Qualifications for practice. No person shall practice veterinary medicine after July first, eighteen hundred and ninety-five, unless previously registered and legally author- ized, unless licensed by the regents and registered as required by this article ; nor shall any person practice veterinary medicine who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of the state board. Any person, a citizen of the United States and of the state of New York, who matriculated in a reputable veterinary medical school prior to January first, eigh- teen hundred and ninety-five, and who received his degree there- from prior to January first, eighteen hundred and ninety-seven, or any person who was engaged in the practice of veterinary medicine prior to the year eighteen hundred and eighty-six, shall be ad- mitted to the veterinary examination for license to practice, as conducted by the regents of the university of the state of New York. § 212. State board of veterinary medical exam- iners. There shall be a board of veterinary medical examiners of five members, each of whom shall hold office for five years from August first of the year in which appointed. The New York state veterinary medical society shall at each annual meeting nomi- nate twice the number of examiners to be appointed that year on the board. The names of such nominees shall be annually trans- mitted under seal by the president and secretary prior to May first, to the regents who shall, prior to August first,. appoint from 362 NEW YORK STATE EDUCATION DEPARTMENT such lists the examiners required to fill any vacancies that will occur from expiration of term on July thirty-first. Any other vacancy, however occurring, shall likewise be filled by the regents for the unexpired term. Each nominee before appointmeait, shall furnish to the regents proof that he has received a degree in veterinary medicine from a registered, veterinary medical school and that he has legally practiced veterinary medicine in this state for at least five years. If no nominees are legally before them from the society, the regents may appoint from members in good standing in the veterinary profession without restriction. The re- gents may remove any examiner for misconduct, incapacity or neglect of duty. § 213. Certificate of appointment; oath; powers. Every veterinary medical examiner shall receive a certificate of appointment from the regents, and before beginning his term of office shall file with the secretary of state the constitutional oath of office. The board, or any committee thereof, may take testi- mony and proofs concerning all matters within its jurisdiction. The board may, subject to the regents' approval, make all by-laws and rules not inconsistent with law needed in performing its duties, but no by-laws or rules by which more than a majority vote is required for any specified action by the board shall be amended, suspended or repealed by a smaller vote than that re- quired for the action thereunder. § 214. Expenses. From the fees provided by this article the regents may pay all proper expenses incurred by its provisions, except compensation to veterinary medical examiners, and any surplus at the end of the academic year shall be apportioned among the members of the board pro rata according to the num- ber of candidates whose answer papers have been marked by each. § 215. Officers; meetings; quorum; committees. The board shall annually elect from its members a president and secre- tary for the academic year, and shall hold one or more meetings each year pursuant to the call of the regents. At any meeting a majority shall constitute a quorum; but questions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the board and by the regents. § 216. Admission to examination. The regents shall admit to examination any candidate who pays a fee of ten dollars and submits satisfactory evidence, verified by oath if required, that he (first) is more than twenty-one years of age; (second) PRACTICE OF PROFESSIONS 363 is of good, moral cliaracter; (third) has the general education required in all cases after July first, eighteen hundred and ninety-seven, preliminary to receiving a degree in veterinary medi- cine; (fourth) has studied veterinary medicine not less than three full years, including three satisfactory^ courses, in three different academic years, in the veterinary medical school registered as maintaining at the time a satisfactory standard; (fifth) has re- ceived a degree as veterinarian from some registered veterinary medical school. The degree in veterinary medicine shall not be conferred in this state before the candidate has filed with the institution conferring it, the certificate of the regents that three years before the date of the degree, or before or during his first year of veterinarj^ medical study in this state, he has either gradu- ated from a registered college or satisfactorily completed an academic course in a registered academy or high school; or has a preliminary education considered and accepted by the regents as fully equivalent; or has passed regents' examinations equivalent to the minimum requirement in such preliminary education for candidates for medical or dental degrees in this state. The regents may, in their discretion, accept as the equivalent for any part of the third and fourth requirement, evidence of ^ve or more years' reputable practice in veterinary medicine, provided that such substitution be specified in the license. § 217. Questions. Each member of the board shall submit to the regents, as required, lists of suitable questions for thorough examination in comparative anatomy, physiology and hygiene, in chemistry, and in veterinary surgery, obstetrics, pathology and diagnosis and therapeutics, including practice and materia medica. From these lists the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates. § 218. Examinations and reports. Examination for license shall be given in at least four convenient places in this state and at least four times annually, in accordance with the re- gents' rules, and shall be exclusively in writing and in English. [Each examination shall be conducted by a regents' examiner, :who shall not be one of the veterinary medical examiners. At the close of each examination, the regents' examiner in charge shall deliver the questions and answer papers to the board, or to [its duly authorized committee, and such board, without unneces- [eary delay, shall examine and mark the answers and transmit to [the regents an official report, signed by its president and secre- 364 K^EW YORK STATE EDUCATION DEPARTMENT tary, stating the standing of each candidate in each branch, his general average and whether the board recommends that a license be granted. Such i-eport shall include the questions and answers and shall be filed in the public records of the university. If a candidate fails on his first examination, he may, after not less than six months' further study, have a second examination with- out fee. If (he failure is from illness or other cause satisfactory to the regents, they may waive the required six months' study. § 219. liicenses. On receiving from the state board an official report that an applicant has successfully passed the exam- ination and is recommended for license, the regents shall issue to him, if in their judgment he is duly qualified therefor, a license to practice veterinary medicine. Every license shall be issued by the university under seal and shall be signed by each acting veterinary medical examiner of the board and by the officer of the university who approved the credential which admitted the candidate to examination, and shall state that licensee hai given satisfactory evidence of fitness as to age, character, pre- liminary and veterinary medical education and all other matters required by law, and that after full examination he has been found duly qualified to practice. Applicants examined and licensed before July first, eighteen hundred and ninety-seven, by other state examining boards registered by the regents, as main- taining standards not lower than those provided by this article, and applicants who matriculated in a New York state veterinary medical school before July first, eighteen hundred and ninety- six, and who received the veterinary degree from a registered veterinary medical school before July first, eighteen hundred and ninety-seven, may without further examination, on payment of ten dollars to the regents, and on submitting such evidence as they may require, receive from them an indorsement of their license or diplomas conferring all rights and privileges of a regents' license issued after examination. If any person, whose registration is not legal or who is not registered because of some error, misunderstanding or unintentional omission, shall submit to the state board of veterinary medical examiners or the regents of the university of the state of New York, satisfactory proof that he had all requirements prescribed by law at the time required for registration and was entitled to be legally registered, he may, on unanimous recommendation of the state board of veterinary medical examiners, or by action of the board of regents, receive from the regents under seal a certificate of the facts which may be PBACTICE OF PROFESSIONS 365 registered by any county clerk and shall make valid the previous imperfect registration, and such certificate shall include the date on which such person could or should have registered, and his registration shall be deemed to have been valid and correctedr from that date. Before any license is issued it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted in the license. This record shall be open to public inspection, and in all legal proceedings shall have the same weight as evidence that is given to a record of conveyance of land. [Amended by L. 1912, ch, 178.] § 220. Registry. Every license to practice veterinary medi- cine shall, before the licensee begins practice thereunder, be registered in a book to be known as the ^' veterinary medical register,'' which shall be provided by and kept in the clerk's office of the county where such practice is to be carried on, with name, residence, place and date of birth, and source, number and date of its license to practice. Before registering, each licensee shall file, to be kept in a bound volume in the county clerk's office, an affidavit of the above facts, and also that he is the person named in such license, and had, before receiving the same, com- plied with all requisites as to attendance, terms and amount of study and examination required by law and the rules of the university as preliminary to the conferment thereof, and. no money was paid for such license, except the regular fees, paid by all applicants therefor; that no fraud, misrepresentation or mis- take in any material regard was employed by anyone or incurred in order that such license should be conferred. Every license, or if lost, a copy thereof, legally certified so as to be admissible as evidence, or a duly attested transcript of the record of its con- ferment, shall, before registering, be exhibited to the county clerk, ivho, only in case it was issued or indorsed as a license under seal by the regents, shall indorse or stamp on it the date and his name preceded by the words, " registered as authority to practice vet- erinary medicine, in the clerk's office of county.'* The clerk shall thereupon give to every veterinarian so registered a transcript of the entries in the register, with a certificate under seal that he has filed the prescribed affidavit. The licensee shall pay to the county clerk a total fee of one dollar for registration, affidavit and certificate. § 221. Registration in another county. A practicing veterinarian having registered a lawful authority to practice veterinary medicine in one county, and removing such practice 366 NEW YOnK STATE EDUCATION DEPARTMENT or part thereof to another county, or regularly engaging in prac- tice or opening an office in anoither county, shall show or send by registered mail to the clerk of such other county, his certificate of registration. If such certificate clearly shows that the original registration was of an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter county, on receipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate the date and his name, preceded by the words, " registered also in county " and return the certificate to the applicant. § 222. Certificate presumptive evidence; unauthor- ized registration and license prohibited. Every un- revoked certificate and indorsement of registry, made as provided in this article, shall be presumptive evidence in all courts and places that the person named therein is legally registered. Here- after no person shall register any authority to practice veterinary medicine unless it has been issued or indorsed as a license by the regents. 'No diploma or license conferred on a person not actually in attendance at the lectures, instructions and examina- tions of the school conferring the same, or not possessed at the time of its conferment of the requirements then demanded of veterinary medical students in this state as a condition of their being licensed so to practice, and no registration not in accordance with this article shall be lawful authority to practice veterinary medicine, nor shall the degree of doctor of veterinary medicine be conferred causa honoris or ad eundem, nor if previously con- ferred shall it be a qualification for such practice. § 223. Construction of this article. This article shall not be construed to affect commissioned veterinary medical officers serving in the United States army, or in the United States bureau of animal industry while so commissioned ; or any person for giving gratuitous services in case of emergency; or any lawfully qualified veterinarian in other states or countries meeting legally registered veterinarians in this state in consulta- tion; or any veterinarian residing on a border of a neighboring state and duly authorized under ithe laws thereof to practice veterinary medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or receive calls within this state; or any veterinarian duly registered in one county called to attend isolated cases in another county, but not residing or habitually practicing therein. PRACTICE OF PROFESSIONS 367 This article shall be ccnstrued to repeal all acts or parts of acts authorizing conferment of any degree in veterinary medicine, causa honoris or ad eundem, or otherwise, than on students duly graduated after satisfactory completion of a preliminary "and veterinary medical course, not less than that required by this article, as a condition of license. § 224. Penalties and their collection. Every person who shall practice veterinary medicine within this state without lawful registration or in violation of any provision of this article shall forfeit to the county wherein such person shall so practice, or in which any violation shall be committed, fifty dollars for every such violation, and for every day of such unlawful practice, and any incorporated veterinary medical society of the state or any county veterinary medical society of such county entitled to representation in a state society, may bring an action in the name of such- county for the colleotion of such penalties, and the ex- pense incurred by such society- in such prosecution, including necessary counsel fees, may be retained by such society out of the penalties so collected, and the residue, if any, shall be paid into the county treasury. Any person who shall practice veteri- nary medicine under a false or assumed name or who shall falsely personate another practitioner of a like or different name, shall be guilty of a felony ; and any person guilty of violating any of the other provisions of this article, not otherwise specifically punished herein, or who shall buy, sell or fraudulently obtain any veterinary medical diploma, license, record or registration, or who shall aid or abet such buying, selling or fraudulently obtain- ing, or who shall practice veterinary medicine under the cover of a diploma, or license illegally obtained, or signed or issued un- lawfully or under fraudulent representation, or mistake of fact in material regard, or who, after conviction of a felony, shall attempt to practice veterinary medicine, and any person who shall, without having been authorized so to do legally, append any veterinary title to his or her name, or shall assume or adver- tise any veterinary title in such a manner as to convey the im- pression that he is a lawful practitioner of veterinary medicine or any of its branches, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than two hundred and fifty dollars or imprisonment for six months for the first offense, and on conviction of a subsequent offense by a fine of not less than five hundred dollars or imprisonment for not less than one year, or by both fine and imprisonment. 368 NEW YOBK STATE EDUCATION DEPARTMENT V. PHARMACY Public Health Law (L. 1909, ch. 49), art. 11, as amended by L, 1910, ch, 422 Section 230. Definitions. 231. Stat© board of pharmacy; appointments; nomina- tions; examiners; secretary; expenses. 232. Powers and duties of the board ; records ; employees. 233. Licenses; certificates; examinations; rules. 234. Pharmacies; drug stores; stores. 235. Apprentices and employees. 236. Working hours and sleeping apartments. 237. Adulterating; misbranding and substituting, 238. Poison schedules; register; opium and other pre- scriptions. 239. Construction of article; temporary permits. 240. Kevocation of license; misdemeanors; violations and penalties. 241. Schedules A, B and C. § 230. Definitions. As used in this article: 1. "Asso- ciation'' means the ^ew York state pharmaceutical association. 2. " Board " when not otherwise limited, means the ISTew York state board of pharmacy. 3. " Chemicals " when not otherwise limited, means the chem- ical materials of medicine. 4. " Council " means the New York state pharmaceutical coun- cil with a secretary and at least one representative from each school of the state appointed by the regents for a period of five years. 5. " Commissioner " means the commissioner of education of the state of N"ew York ; " Department," the education department of the state of E'ew York; "University," the university of the state of New York; " Regents," the board of regents of the uni- versity of the state of New York as provided by the education law. 6. " Drugs," where not otherwise limited, means all substances used as medicines or in the preparation of medicines. " Crude Drugs " means drugs that have not been changed by manufac- ture except by desiccation or comminution. 7. " Examiner " means a member of the state board of phar- macy. PRACTICE OF PROFESSIONS 369 8. " Formulary " means the latest edition of the national for- mulary. 9. " Medicines," where not otherwise limited, means a drug or preparation of drugs in suitable form for use as a curative~of remedial substance. 10. " Pharmacy/' where not otherwise limited, means the place registered by the board in which drugs, chemicals, medicines, prescriptions or poisons are compounded, dispensed or retailed. 11. '^ Pharmacology " is the science that treats of drugs and medicines; their nature, preparation, administration and effect. 12. ^^ Pharmacopoeia," when not otherwise limited, means the latest edition of the pharmacopoeia of the United States of America. 13. " Physician " means a practitioner of medicine as defined by article eight of this chapter ; " Dentist " means a practitioner of dentistry as defined by article nine, and " Veterinarian," means a practitioner of veterinary medicine as defined by article ten. 14. " Poisons," where not otherwise limited, means any drug, chemical, medicine or preparation liable to be destructive to adult human life in quantities of sixty grains or less. 15. " Rules," where not otherwise limited, means the rules of the board approved by the regents. 16. " School " means any college or school of pharmacy, or the department of pharmacy of a university, whatever the cor- porate title, registered by the regents as maintaining a proper educational standard and legally incorporated. 17. " Secretary " means the secretary of the state board of pharmacy. 18. " Syllabus " means the latest edition of the syllabus adopted by the board. § 231. State board of pharmacy; appointments; nominations; examiners; secretary; expenses. The state board of pharmacy in office when this section takes effect shall remain in office until August first, nineteen hundred and ten. On and after that date such board shall consist of nine examiners, four of whom shall be residents of the city of ISTew York. At the annual meeting of the association held in nineteen hundred and ten there shall be twenty-five licensed pharmacists nominated by ballot whose names shall be submitted to the regents, imme- diately thereafter. Appointments. From the number thus submitted or from the other licensed pharmacists of the state the regents may appoint 370 NEW YORK STATE EDUCATION DEPARTMENT nine persons, who shall constitute the board of pharmacy, whose term of office shall begin on August first, nineteen hundred and ten, three of whom shall hold office for a term of one year, three for a term of two years and three for a term of three years. The successors of the members, whose terms of office have expired, shall be appointed, as hereinafter provided, for a term of three years. A vacancy in the office of any member, caused otherwise than by expiration of term, shall be filled by the regents for the unexpired term of such member. ISTominations. Thereafter, at each annual meeting of the asso- ciation, nine licensed pharmacists shall be nominated by ballot, whose names shall be submitted to the regents in writing under the seal of the association by the president and secretary thereof, promptly after the adjournment of such meeting. From the num- ber thus submitted or from the other licensed pharmacists of the state the regents may appoint three persons to succeed the mem- bers whose terms of office expire on the following July thirty-first. Examiners. 'No person shall be appointed as an examiner unless he is a licensed pharmacist, and has legally practiced as such for at least ten years in this state. Each of the candidates shall present proof of such qualifications to the regents. The regents may remove any examiner for misconduct, incapacity or neglect of duty. Each examiner shall receive a certificate of appointment from the regents, and before beginning his term of office shall take and file with the secretary of state the constitu- tional oath of office. The board or any committee thereof may employ counsel, may compel the attendance of witnesses, and may take testimony and proofs concerning all matters within its juris- diction. The board shall make such rules approved by the regents not inconsistent with the law, as may be necessary for the proper performance of its duty, but no rule by which more than a majority vote is required for any specific action by the board shall be amended, suspended, or repealed by a smaller vote than that required for action thereunder. 'Secretary. The secretary shall be a licensed pharmacist who has legally practiced as a pharmacist for at least ten years in this state. He shall be appointed by the regents, shall hold office dur- ing their pleasure and shall receive an annual salary of three thousand dollars, payable from the moneys received under this article. He shall be the executive officer of the board and shall have such powers and shall perform such duties as are prescribed 1»EACT1CE OF PROFESSIONS 371 bj the rules. The secretary in office when this article takes effect shall continue in office until his successor has been appointed as above provided. Expenses. All fees, fines, penalties and other moneys derived; from the operation of this article shall be paid into the state treasury and the legislature shall annually appropriate for the department an amount sufficient to pay all proper expenses in- curred pursuant to this article. All funds in the custody of the state board of pharmacy when this act takes effect shall be immediately turned over to the department and shall be available for the payment of all proper expenses of the board, until an appropriation is made by the legislature as above provided. When such appropriation is so made the unexpended balance of the funds so turned over to the department shall be paid into the state treasury, to be expended as in the case of other moneys derived from the operation of this article. § 232. Powers and duties of the board; records; employees. Prior to October first the board shall annually elect from its members a president and a vice-president for the academic year, and shall hold one or more meetings each year. At any meeting a majority shall constitute a quorum; but ques- tions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the board and approved by the regents. The board shall have power: (a) To regulate the practice of pharmacology. (b) To regulate the sale of drugs, chemioals, medicines and poisons. (c) To regulate the employment of apprentices and employees in pharmacies. (d) To regulate the working hours and sleeping apartments of employees in pharmacies. (e) To regulate and control the character and standard of drugs and medicines compounded and dispensed in the state, to employ inspectors and chemists, to secure samples and to prevent the sale of such drugs, chemicals, medicines and poisons as do not conform to the formulae, standards and tests of the pharma- copoeia and formulary. (f ) To regulate the retailing of poisons and to adopt schedules. (g) To issue temporary permits limited to definite areas. (h) To investigate alleged violations of the provisions of this 372 NEW YORK STATE EDUCATION DEPARTMENT article, to conduct hearings in respect thereto when, in its dis- cretion, it appears to be necessary, and to bring the same to the notice of the attorney-general. Records. It shall be the duty of the board in its rooms pro- vided by the regents to preserve a record of all licenses and cer- tificates which shall be open to public inspection and shall have in all legal proceedings the same weight as evidence that is given to a record of conveyance of lands. It shall render annually to the regents and the association a report of all its proceedings dur- ing the preceding year. Books, records, papers and properties of the state board of pharmacy and of each branch thereof abolished by this act shall on or before August tenth, nineteen hundred and ten, be trans- ferred to the state board of pharmacy, organized under and in pursuance of the provisions of this act. and shall be preserved by the board. Employees. The clerks, stenographers, inspectors and em- ployees of the state board of pharmacy in office when this act takes effect shall be transferred to the department. The rules of the board, made as hereinbefore provided, shall specify the num- ber of clerks, stenographers, inspectors and employees, necessary to carry out the provisions of this article. The clerks, stenog- raphers, inspectors and employees transferred to the department as above provided, or hereafter employed, shall be subject to the same rules as to appointment and service as the other employees of the department. § 233. liicenses; certificates; examinations; rules. Satisfactory evidence verified by oath shall be required by the regents of all candidates for admission to the examinations. Pharmacist. They shall admit to the examination for phar- macist any candidate that pays a fee of ten dollars and 1. Is more than twenty-one years of age. 2. Is of good moral character. 3. Had prior to beginning the first year of study in the school fifteen counts or the equivalent. 4. Has studied pharmacology as outlined in the syllabus not less than two years in a school. 5. Has either received the diploma of graduate in pharmacy or equivalent degree from a school, or a license conferring the full right to practice pharmacology in some foreign country registered as meeting the, minimum requirements of this article. The PBACTICE OF PROFESSIONS 373 diploma of graduate in pharmacy or equivalent degree shall not be conferred on any one that did not file with the school at matriculation the pharmacy student certificate required ,above^ 6. Has had four years' experience in a registered pharmacy, one year of which experience within five years of the date of application must have been in a pharmacy of the United States under the personal supervision of a pharmacist. Druggist. They shall admit to the examination for druggist any candidate that pays a fee of ^ve dollars and 1. Is more than eighteen years of age. 2. Is of good moral character. 3. Has the preliminary and professional education required by the rules. 4. Has had three years' experience in a registered pharmacy, one year of which experience within five years of the date of application must have been in a pharmacy of the United States under the personal supervision of a pharmacist or druggist. Apprentice. They shall admit to the examination for appren- tice any candidate that pays a fee of one dollar and 1. Is more than fifteen years of age. 2. Is of a good moral character. 3. Has begun an apprenticeship for the term of practical ex- perience required by this article. Storekeeper. They shall admit to the examination for store- keeper any candidate that pays a fee of three dollars annually and 1. Is more than twentyTone years of age. 2. Is of good moral character. 3. Has had experience in dealing in drugs, chemicals, medi- cines and poisons. Examinations. The board shall submit to the regents as re- quired suitable questions for thorough examination in pharma- cology, both written and practical, as outlined in the syllabus. From these questions the secretary shall prepare question papers in accordance with the rules which at any examination shall be the same for all candidates. Examinations for license shall be given in at least three convenient places in the state and at least four times annually in accordance with the rules. The practical examinations shall be conducted by the examiners, the written by the regents. On receiving from the board an official report that an applicant has successfully passed the examinations and is rec- ommended for license, the regents shall issue to him a license to practice according to the qualifications of the applicant. Every 374 NEW YOEK STATE EDUCATION DEPARTMENT license shall be issued by the regents under seal and shall be signed by the commissioner, each examiner and by the secretary. Every certificate shall be issued by the board subject to rule and shall be signed by the secretary. Applicants examined and li- censed by other state examining boards registered by the regents as maintaining standards not lower than those provided by this article may without further examination, on payment of twenty- five dollars to the regents and on submitting such evidence as they may require receive from them an endorsement of their licenses or diplomas conferring all rights and privileges of a regents' license after examination. Before any license or certificate is issued it shall be numbered and properly recorded, and its number shall be noted in the li- cense or certificate. The regents on the recommendation of the board may revoke a license or annul a certificate, for cause. Eules. The rules of the board and of the regents affecting examination, registration and administration continue in force until revised by the board and approved by the regents. The board shall make rules subject to the approval of the re- gents: 1. For the examination, certification and registration of ap- prentices and storekeepers. 2. For the surrendering of licenses, issued prior to January first, nineteen hundred and one. 3. For the acceptance of licenses from other licensing boards issued prior to January, nineteen hundred and five, in lieu of a diploma. 4. For the accomplishment of the trusts reposed in them by this article and by any other law of the state. All licenses and certificates of examination, issued to licensees by former boards of pharmacy, shall be in full force and effect in perpetuity for the section of the state for which they were issued, and all certificates of registration issued during nineteen hundred and ten shall be valid until January first, nineteen hundred and eleven. § 234. Pharmacies; drug stores; stores. Except as prescribed in this article, it shall not be lawful for any person to practice as a pharmacist, druggist, apprentice or storekeeper, or to engage in, conduct, carry on, or be employed in the dis- pensing, compounding or retailing of drugs, chemicals, medicines, prescriptions or poisons within this state. Every place in which PRACTICE OF PROFESSIONS 375 drugs, chemicals, medicines, prescriptions or poisons are retailed, or dispensed, or compounded, shall be a pharmacy, a drug store, or a store; shall be under the personal supervision of a pharmacist, a druggist, or a storekeeper and shall be annually registered_in the month of January by the board as conducted in full compli- ance with law and the rules. Pharmacies. It shall Tdo lawful for a pharmacist in conform- ity with the rules, to take, use and exhibit the titles pharmacist and registered pharmacy and to have charge of, engage in, con- duct or carry on for himself or for another the dispensing, com- pounding, or sale of drugs, chemicals, medicines, prescriptions or poisons anywhere within the state, but he shall have personal supervision of not more than one pharmacy or drug store at the same time. Drug stores. It shall be lawful for a druggist in conformity with the rules to take, use, and exhibit the titles druggist and registered drug store, and to have charge of, engage in, conduct or carry on for himself or for another the dispensing, compound- ing or retailing of drvigs, chemicals, medicines, prescriptions or poisons anywhere within the state, in a place of not more than one thousand inhabitants, but he shall have charge of not more than one drug store at the same time. He may be employed for the purpose' of dispensing or retailing drugs, chemicals, medi- cines, prescriptions and poisons in a registered pharmacy under the management and personal supervision of a licensed phar- macist; he may" also perform such duties during the temporary absence of the pharmacist, except in cities of more than one million inhabitants. Temporary permits. In places and villages of a thousand in- habitants or less that do not have within three miles a pharmacy or drug store; 1. Physicians may compound medicines, fill prescriptions and sell poisons labeled as required by this article. ■ 2. Storekeepers may in accord with the rules sell medicines and poisons for a period not exceeding one year upon the payment of a fee of three dollars. The storekeeper's certificate is limited to the village or place where the storekeeper resides and may be limited to the sale of certain classes of poisons sold only in orig- inal packages and put up by a licensed pharmacist whose name and business address is displayed on the package. 376 NEW YORK STATE EDUCATION DEPARTMENT Stores. It shall be lawful for the storekeeper in conformity with the rules to take, use and exhibit the titles certified store- keeper and registered store and to sell medicines and poisons for a period not exceeding one year in a village or place of the state with less than one thousand inhabitants that has no pharmacy or drug store within three miles of it. Every person practicing as a pharmacist or druggist must at all times display his license conspicuously in his place of busi- ness. The proprietor of every pharmacy, drug store or store shall annually in the month of January report under oath to the board any facts required by the board, shall pay the registration fee of two dollars and shall receive a certificate of registration that must be conspicuously displayed at all times in the pharmacy, drug store or store with all licenses. Every person, partnership, association or corporation doing business as the proprietor or pro- prietors of a pharmacy, drug store or store shall cause the name of such proprietor or proprietors to be displayed upon a sign con- spicuously placed upon the exterior of the building and this sign shall be presumptive evidence of ownership of such pharmacy, drug store or store. The proprietor that opens a pharmacy, drug store or store subsequent to the month of January shall, within thirty days of opening, make this report, pay the fee and display the certificate and the sign. Every proprietor of a wholesale or retail pharmacy, drug store or store is responsible for the strength, quality and purity of all drugs sold or dispensed by him, subject to the guaranty provisions of this article. § 235. Apprentices and employees. Apprentices may be employed, in accordance with the requirements of this article and the rules, in registered pharmacies and drug stores aud may receive instruction in the practice of pharmacology. Apprentices may prepare or dispense receipts or prescriptions, may sell or furnish medicines or poisons in the presence of and un ler the immediate personal supervision of a pharmacist or druggist who must be either the proprietor or in the actual employ of the proprietor. The proprietor as principal shall be equally liable for violations of this article by his apprentices or his unlicensed employees. Other unlicensed assistants may be employed in regis- tered pharmacies and drug stores for other purposes than the practice of pharmacology and the dispensing, compounding or retailing of drugs, chemicals, medicines, prescriptions or poisons. PRACTICE OF PROFESSIONS 377 § 236. 'Working hours and sleeping apartments. No apprentice or employee in any pharmacy or drug store shall be required or permitted to work more than seventy hours per week. Nothing in this section prohibits working six hours over- time any week for the purpose of making a shorter succeeding week, provided, however, that the aggregate number of hours in any such two weeks shall not exceed one hundred and thirty-two hours. The hours shall be so arranged that an employee shall be entitled to and shall receive at least one full day off in two consecutive weeks. No proprietor of any pharmacy or drug store shall require any clerk to sleep in any room or apartment in or connected with such store that does not comply with the sanitary regulations of the local board of health. ^Amended hy L. 1911, ch. 630.] § 237. Adulterating, misbranding and substitut- ing. A drug is adulterated in any of the following cases: 1. When sold under or by a name recognized in the pharma- copoeia it differs from the standard determined by the test or formula given. 2. When sold under or by a name recognized in the formulary the strength, quality or purity or percentage of the alkaloid or alkaloids or other potent ingredient or ingredients differs from the standard determined by the test or formula given. 3. When sold under or by a name not recognized in or accord- ing to a formula not given in the pharmacopoeia or formulary that is found in some other standard work on pharmacology recog- nized by the board, it differs in strength, quality or purity from the strength, quality or purity required, or the formula prescribed in the standard work. Provided, however, that all drugs sold by wholesalers when not sold to a consumer shall be in accordance with the provisions of the national food and drug act of June thirtieth, nineteen hundred and six. 4. When sold as a homeopathic drug it differs from the strength, quality or purity established by the test or formula given in the latest edition of the homeopathic pharmacopoeia of the United States or the American homeopathic pharmacopoeia. 5. Its strength, quality or purity differs from the professed standard of strength, quality or purity under which it is sold. 6. It contains methyl or wood alcohol when intended for use as a medicine except when sold as a veterinary liniment for external use only and so labeled. 378 IS'EW YORK STATE EDUCATION DEPARTMENT Misbranding and substituting. A drug is misbranded if 1. The package bears any statement, design or device that is false or misleading in any particular regarding its contents, re- garding the state, territory or county in which it is manufactured or produced. 2. It is an imitation or is offered for sale under the name of another substance. 3. The original contents of the package have been removed in whole or in part and other contents added. 4. The package fails to bear a statement of the percentage con- tained therein by volume of alcohol and by quantity or proportion of morphine, opium, heroin, chloroform, cannabis indica, chloral hydrate, acetanilide or any derivative or preparation of any of these substances. 5. The package containing a homeopathic drug fails to state that fact. These statements shall be made in type easily read, conspicu- ously displayed and described by their common or English names. Alcohol used as a solvent, preservative or for any other purpose is contained in the drug within the meaning of this article. Noth- ing in this paragraph applies to the compounding and dispensing of drugs and medicines on the written prescription of a physician, dentist or veterinarian, whieh prescription shall be kept on file by the pharmacist or druggist. 'Nor does it apply to unadulterated drugs recognized in the pharmacopoeia and the formulary .and the homeopathic pharmacopoeia sold under the names by which they are recognized therein, and not sold under a proprietary name, trade name or trade mark. All adulterated, misbranded or substituted drugs are forfeited to the board for destruction. § 238. Poison schedules; register; opium and other prescriptions. It is unlawful for any person to sell at retail or to furnish any of the poisons of schedules A and B without af&xing or causing to be affixed to the bottle, box, vessel or pack- age, a laibel with the name of the article and the word poison distinctly shown and with the name and place of business of the seller all printed in red ink together with the name of such poisons printed or written thereupon in plain, legible characters. Wholesale dealers in drugs, medicines, pharmaceutical prepara- tions, chemicals or poisons shall affix or cause to be affixed to every bottle, box, parcel and outer inclosure of an^^ original pack- PKACTICE OF PROFESSIONS 6 i\} age containing any of the articles of schedule A a suitable label or brand in red ink with the word poison upon it. Register. Every person who disposes of or sells at retail_or furnishes any poisons included in schedule A shall before deliv^- ering the same enter in a book kept for that purpose the date of sale, the name and address of the purchaser, the name and the quantity, of the poison, the purpose for which it is purchased and the name of the 'dispenser. The poison register must be always open for inspection by the proper authorities and must be pre- served for at least five years after the last entry. He shall not deliver any of the poisons of schedule A or B until he has satis- fied himself that the purchaser is aware of its poisonous character and that the poison is to be used for a legitimate purpose. The provisions of this paragraph do not apply to the dispensing of medicines or poisons on physician's prescriptions. The board shall add to any of the schedules from time to time as such action becomes necessary for the protection of the public. Schedules A, B and C shall remain in force till amended by tbe rules. Prescriptions of opium, morphine and chloral. 'No pharmacist, druggist, or other person shall refill more than once, prescriptions containing opium or morphine or preparations of either of them or chloral, in which the dose of opium shall exceed one-quarter of a grain, or of morphine one-twentieth of a grain, or of chloral ten grains, except upon the written order of a physician. § 239. Construction of article; temporary permits. This article shall not apply to the practice of a physician that is not the proprietor of a pharmacy, drug store or store, or that is not in the employ of such a proprietor. Except as to the quality of drugs dispensed it shall not prevent physicians from supplying their patients with such articles as the physician deems proper. This article shall not be construed as precluding the ownership of a pharmacy or drug store by an unlicensed person, firm or cor- poration provided such pharmacy or drug store be conducted in accordance with the provisions of said article. Except as to the labeling of poison and to adulterating, misbranding and substi- tuting, it shall not apply. 1. To the sale of drugs, medicines, chemicals, prescriptions or poisons at wholesale when not for the use or consumption of the purchaser. ■ 380 NEW YORK STATE EDUCATION DEPARTMENT 2. To the sale of paris green, white hellebore and other poisons for destroying insects. 3. To the sale of any substance for use in the arts. 4. To the manufacture and sale of proprietary medicines. 5. To the sale by merchants of the articles in schedule C. § 240. Revocation of license; misdemeanors; vio- lation and penalties. 'No license or certificate shall be granted to any applicant guilty of felony or gross immorality, or that is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to render him unfit to practice pharmacology. Any license or certificate obtained by misrepresentation or fraud or that is held by any one unfit or incompetent from negligence, habits or other cause may be revoked after reasonable notice and an opportunity to be heard. The wilful and repeated violation of any of the provisions of this article or the rules is sufficient cause for the revocation of a license or certificate. The license or certificate revoked shall on formal notice be delivered imme- diately to the board. Misdemeanors. It is a misdemeanor for 1. Any person to procure or to attempt to procure a license or certificate for himself or for any other person by making, or causing to be made, any false representations. ~2. Any pharmacist to permit the compounding and dispensing of prescriptions of medical practitioners in his pharmacy by any unlicensed person or persons, except in the presence of and under the immediate personal supervision of a pharmacist or druggist. 3. Any unlicensed person to prepare or to dispense a medical prescription or physician's prescription, or to dispense or to sell at retail poisons or medicines except under the immediate per- sonal supervision of a pharmacist or druggist whose license is displayed in the pharmacy or drug store. 4. Any unlicensed person to open or to conduct or to have charge of, or to supervise any pharmacy, drug store or store for retailing, dispensing or compounding drugs, chemicals, medicines, prescriptions or poisons. 5. Any person to fraudulently represent himself to be licensed. 6. Any person to intentionally prevent or knowingly refuse to permit any examiner or inspector to enter a pharmacy, drug store or store for the purpose of lawful inspection. 7. Any person whose license or certificate has been revoked, to refuse to deliver the certificate or license. PRACTICE OF PROFESSIONS 381 8. Any person to omit his name from the sign and any holder of a license or certificate to fail to display the same. 9. Any proprietor of a pharmacy or drug store to require more than seventy working hours a week in other arrangement than that permitted by section two hundred and thirty-six ; and for any proprietor of a pharmacy or drug store to violate the provisions of the same section in regard to sleeping apartments. [Amended by L, 1911, ch. 630.] 10. Any person to adulterate, misbrand or substitute any drug knowing or intending that it shall be used, or sells, offers for sale or causes to be sold any adulterated, misbranded or substituted drug. 11. Any person to violate any of the provisions of this article in relation to the wholesaleing, retailing or dispensing of drugs, chemicals, medicines, prescriptions and poisons for which viola- tion no other punishment is imposed. Violations and penalties. Any person that violates any of the provisions of this article who is not criminally prosecuted, as for a misdemeanor, shall forfeit to the people of the state of E'ew York the sum of fifty dollars for every such violation, which may be paid to the board or sued for and recovered in the name of the people of the state of New York in an action brought therefor by the attorney-general. A person accused of violation of any of the provisions of this •article relating to adulterating, misbranding or substitution shall not be prosecuted or convicted or suffer any of the penalties, fines or forfeitures for such violation, if he establishes upon the hear- ing or trial that the drug or drugs alleged to be *adultered, mis- branded or substituted were purchased by him under a guaranty of the manufacturer or seller to the effect that said drug or drugs were not adulterated or misbranded within the meaning of this article and proves that he has not adulterated, misbranded or sub- stituted the same. A guaranty in order to be a defense to a prose- cution or to prevent conviction or to afford protection, must state that the drug or drugs to which it refers are not *adultered, mis- branded or substituted within the meaning of the provisions of the statute of ISTew York state and must state also the full name, and place of business of the manufacturer, wholesaler, jobber or other person from whom the drug or drugs were purchased. In construing and enforcing the provisions of this article the word * So in original. 382 NEW YORK STATE EDUCATION DEPARTMENT " person " shall import both the plural and singular and shall include corporations, companies, partnerships, societies and asso- ciations, and the act, omission or failure of any officer, agent or other person acting for or employed by any corporation or asso- ciation within the scope of his authority or employment shall in every case be deemed to be the act, omission or failure of the corporation or association as well as that of the officer, agent or other person; and that in case of violation of the provisions of this article by a partnership, association or corporation, every member of the partnership or association and the directors and general officers of the corporation and the general manager of the partnership, association or corporation, shall be individually liable and any action, prosecution or proceeding authorized by this article may be brought against any or all of such persons. When any prosecution under this article or under section eleven hundred and forty-two, section eighty, section eighty- one, section eighty-two, section seventeen hundred and fort\^-twO; section seventeen hundred and forty-three, section seventeen hundred and forty-five, section seventeen hundred and forty-six, section seven- teen hundred and forty-seven, section seventeen hundred and forty-eight, section seventeen hundred and forty-nine and section seventeen hundred and sixty of the penal law and any amend- ment thereto is made on the complaint of the board, any fines collected shall be paid into the state treasury as provided by this article. § 2. Such article of such chapter is hereby amended by adding thereto a new section to be section two hundred and forty-one thereof, to read as follows: § 241. Schedules A, B and C. These schedules remain in force until revised by the board and approved by the regents. Schedule A. Arsenic, atropine, corrosive sublimate, potassium cyanide, chloral hydrate, hydrocyanic acid, morphine, strychnine and all other poisonous vegetable alkaloids and their salts, oil of bitter almond containing hydrocyanic acid, opium and its prepa- rations, except paregoric and such others as contain less than two grains o:f opium to the ounce. Schedule B. Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, Phyto- lacca, strophanthus, oil of savin, oil of tansy, veratrum viride and their pharmaceutical preparations, arsenical solutions, carbolic acid, chloroform, creosote, croton oil, white precipitate, strophan- PRACTICE OF PROFESSIONS 383 thus, metlijl or wood alcohol, mineral acids, oxalic acid, paris green, salts of lead, salts of zinc, white hellebore, or any drug, chemical or preparation which, according to the pharmacopoeia and formulary and homeopathic pharmacopoeias, is destructive to adult human life in quantities of sixty grains or less. Schedule C. Ammonia water, bicarbonate of soda, borax, cam- phor, castor oil, cream of tartar, dye stuffs, essence of peppermint, essence of wintergreen, non-poisonous flavoring essences or ex- tracts, glycerine, licorice, olive oil, sal ammoniac, saltpetre, sal soda, epsom salt, rochelle salt, sulphur, cod liver oil, vaseline, petroleum jellies, oil of origanum, oil of spike, flaxseed, rock candy, butter color, malt extract, extract of beef, beef iron and wine, extract of witch hazel, quinine pills, cathartic pills, seidlitz powders, bay rum, perfumes, toilet water, turmeric, talcum pow- der, composition powder, porous plasters, court plasters, copperas, alum, gum arable, lithia water. § 3. This act shall not affect pending actions or proceedings, civil or criminal brought by or against the state board of phar- macy, as the same was constituted prior to the taking effect of such act, but such actions or proceedings shall be prosecuted or defended to a final conclusion, in the same manner, by the state board of pharmacy constituted as herein provided, or by the officer having jurisdiction in respect thereto. The provisions of this act shall not be construed so as to affect or impair any act done, or right accruing, accrued or acquired, or any penalty, forfeiture, or punishment incurred prior to the time when this act or any part thereof takes effect, under or by *virtiue of the law amended by such act, but the same may be asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if this amendatory act had not been passed. § 4. Section three hundred and eighteen of such chapter is hereby repealed. § 6. This act shall take effect August first, nineteen hundred and ten, except that the provisions contained in section two hun- dred and thirty-one, which relate to the nomination and appoint- ment of members of the state board of pharmacy and the organiza- tion of said board, shall take effect immediately. * So in original. 384 I^EW YORK STATE EDUCATION DEPARTMENT VI. REGISTRATION OF NURSES Public Health Law {L. 1909, cli, 49) art. 12 Section 250. Who may practice as registered nurses. 251. Board of examiners; examination; fees. 2'52. Waiver of examination. 253. Violations of this article. § 250. Who may practice as registered nurses. Any resident of the state of New York, being over the age of twenty- one years and of good moral character, holding a diploma from a training school for nurses connected with a hospital or sanitarium giving a course of at least two years, and registered by the re- gents of the university of the state of New York as maintaining in this and other respects proper standards, all of which shall be determined by the said regents, and who shall have received from the said regents a certificate of his or her qualifications to practice as a registered nurse, shall be styled and known as a registered nurse, and no other person shall assume such title, or use the ab- breviation R. N. or any other words, letters or figures to indicate that the person using the same is such a registered nurse. Before beginning to practice nursing every such registered nurse shall cause such certificate to be recorded in the county clerk's office of the county of his or her residence with an affidavit of his or her identity as the person to whom the same was so issued and of his or her place of residence within such county. In every thirty- sixth month from the month of January, nineteen hundred and six, every registered nurse shall again cause his or her certificate to be recorded in the said county clerk's office, with an affidavit of his or her identity as the person to whom the same was issued, and of his or her place of residence at the time of such re-registration. Nothing contained in this article shall be considered as conferring any authority to practice medicine or to undertake the treatment or cure of disease in violation of article eight of this chapter. § 251. Board of examiners; examination; fees. The board of examiners of nurses appointed pursuant to laws of nineteen hundred and three, chapter two hundred and ninety- three, is continued. The New York state nurses' association at each annual meeting shall nominate for examiners two of their members who have had not less than five years' experience in their profession. Upon the expiration of the term of office of any PRACTICE OF PROFESSIONS 385 *^xaminer now in office the regents of the university of the state of ^ew York shall from the candidates so nominated fill the vacancy for a term of five years and until Ms or her successor is chosen. An unexpired term of an examiner caused by death, resignation or otherwise, shall be filled by the regents in the same- manner as an original appointment is made. The said regents, with the advice of the board of examiners above provided for, shall make rules for the examination of nurses applying for cer- tification imder this article, and shall charge for examination and for certification a fee of five dollars to meet the actual expenses, and shall report annually their receipts and expenditures under the provisions of this article, to the state comptroller, and pay the balance of receipts over expenditures to the state treasurer. The said regents may revoke any such certificate for sufficient cause after written notice to the holder thereof and hearing thereon. No person shall thereafter practice as a registered nurse under any such revoked certificate. § 252. Waiver of examination. The regents of the university of the state of lN"ew York may upon the recommenda- tion of said board of examiners, waive the examination of any person possessing the qualifications mentioned in section two hun- dred and fifty, who shall have been graduated before, or who were in training on the twenty-fourth day of April, nineteen hundred and three, and shall thereafter be graduated. § 253. Violations of this artiole. Any violation of this article shall be a misdemeanor. When any prosecution under this article is made on the complaint of the 'New York state nurses' association, the certificate of incorporation of which was filed and recorded in the office of the secretary of state on the second day of April, nineteen hundred and two, the fines collected shall be paid to said association and any excess in the amount of fines so paid over the expenses incurred by said association in enforc- ing the provisions of this article shall be paid at the end of each year to the treasurer of th)e state of New York. I 386 NEW YORK STATE EDUCATION DEPARTMENT VII. CHIROPODY ARTICLE 13. Chiropody. Section 270. Pedic society of the state of ITew York. 271. Eligibility to certificate without examination. 272. Examinations. 273. Expenses. 274. Real and personal property. 275. Rules and regulations. 276. Privileges and immunities. 277. Falsely and knowingly claiming to be a member of such society a misdemeanor. 278. Practicing without registering prohibited. 279. Persons not entitled to register unless holding a li- cense. 280. Duty of county clerk. 281. Penalty for violations or neglect to comply with this article. 282. Construction of this article. § 270. Fedic society of tHe state of New York. The pedic society of the state of New York is continued and the officers thereof shall hold office until the expiration of their re- spective terms. § 271. Eligibility to certificate without examina- tion. AH chiropodists practicing as such within the state of New York, on the third day of June, eighteen hundred and ninety- five, shall receive from the board of examiners now in office upon application, a certificate or diploma under the hands of said ex- aminers and the seal of said society, which certificate shall entitle the person to whom it is issued to practice chiropody within this state, upon first filing the same with the county clerk of the county in which such person resides, or if such person be not a resident of this state, with the county clerk of the county in which such person has his office within this state, provided, however, that same be applied for on or before July first, nineteen hundred and twelve. lAmended hy L. 1912, ch. 199, in effect September 1, 1912.] § 272. Examinations. On and after September first, nine- teen hundred and twelve, no person not heretofore legally PRACTICE OF PROFESSIONS 387 authorized to practice chiropody in the state of Kew York shall be permitted to engage in such practice unless he shall have been duly licensed so to do by the regents of the university of the state of New York, on the recommendation of the state board of medical examiners. The regents shall admit to examinations any candidate who pays a fee of twenty-five dollars and submits evidence verified by oath and satisfactory to the regents that he is (a) More than twenty-one years of age; (b) Is of good moral character; (c) Has a preliminary education satisfactory to the require- ments of the board of regents ; (d) Has graduated from a school of chiropody maintaining a standard satisfactory to the regents. Applicants from other states and countries, presenting creden- tials accepted as satisfactory by the regents and showing that they have been legally practicing chiropody for five years, may be ad- mitted to a licensing examination in chiropody. A school of chiropody shall not matriculate a student whose academic education is not equivalent to the standard required by the board of regents. The state board of medical examiners, or a committee thereof, shall submit to the regents as required, lists of suitable questions for examination in anatomy and physiology of the feet, therapeu- tics, chemistry, minor surgery and bandaging. From these lists, the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates. Examiniltions for licenses in chiropody shall be given at the medical examinations whenever and wherever held in this state, in accordance with the regents' rules, and shall be exclusively in writing and in English. Such examinations shall be conducted by a regents' official, who shall not be one of the state medical exam- iners. At the close of each examination, the regents' official in charge shall deliver the question and answer papers to the state board of medical examiners or to its duly authorized committee, who, without unnecessary delay, shall examine and mark the an- swers and transmit to the regents an official report signed by the secretary of the state board of medical examiners, stating the standing of each candidate in each branch and his general aver- age, such report shall include the questions and answers and shall be filed in the public records of the university. If a candidate fails on first examination, he may, after not less than six months' 13 388 NEW YORK STATE EDUCATION DEPARTMENT further study, liave a second examination without fee. If the failure be from illness or other cause satisfactory to the regents, they may waive the required six months' study. On receiving from the state board of medical examiners an offi- cial report that an applicant has successfully passed the examina- tion and is recommended for license, the regents shall issue a li- cense to practice chiropody in keeping with the definition of chi- ropody, as given in this article. Every license shall be issued by the university under seal and shall be signed by each acting ex- aminer in chiropody, by the secretary of the state board of medical examiners and by the officer of the university who approved the credentials which admitted the candidate to examination and shall state that the licensee has given satisfactory evidence of fitness as to age, character, preliminary and professional education and of any other matters required by law, and that after full examination he has been found properly qualified to practice chiropody. If any person whose registration is not legal, because of some error, misunderstanding or unintentional omission, shall submit satis- factory proof that he had all requirements prescribed by law, at the time of his imperfect registration or irregular practice and was entitled to be legally registered, he may, on unanimous recommendation of the state board of medical examiners, receive from the regents, under seal, a certificate of the facts which may be regirtered by any county clerk and shall make valid the previous imperfect registration or irregular practice. Before any license is issued, it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted in the license and a photograph of the licensee filed with the records. This record shall be open to public inspection and in all legal proceed- ings shall have the same weight as evidence as is given to a record of conveyance of land. § 273. Expenses. The fees derived from the operation of this article shall be paid into the state treasury, and the legis- lature shall annually appropriate therefrom for the education department an amount sufficient to pay all proper expenses in- curred pursuant to this article. [^Amended hy L. 1912, ch. 199, in effect September 1, 1912.] § 274. Real and personal property. The said " The pedic society of the state of I^ew York " may purchase and hold such real and personal estate as the purposes of its corporation may require, but such property shall not exceed in value the sum of one hundred and fifty thousand dollars. PRACTICE OF PROFESSIONS 389 § 275. Rules and regulations. The said " The pedic society of the state of New York " may make all needful by-laws, rules and regulations not inconsistent with any existing law, for the management of its affairs and property. The said ^' The pedlc society of the state of New York '' shall adopt and from time to time revise, add to, alter, amend or annul rules and formulas for the proper use of antiseptics in the practice of chiropody for the purpose of preventing diseases of the feet. And any chiropodist who performs any act of chiropody after receiving a copy of such rules and formulas without complying therewith and thereby causes septicemia or pyemia or other diseases shall on proof thereof be liable to the person so injured in damages to be sued for and ascertained, in an action at law before any court of record of this state and proof of non-compliance with such rules and formulas or any of them after notice shall in any such action, be presumptive evidence of malpractice. § 276. Privileges and immunities. The said "The pedic society of the state of New York " shall be entitled to all the privileges and immunities granted to medical, dental and veterinary societies of this state. § 277. Falsely and know^ingly claiming to be a member of such, society, a misdemeanor. Any person who shall knowingly and falsely and with intent to deceive the public, claim or pretend to be a member of said pedic society, not being such member, shall be deemed guilty of a misdemeanor and punished accordingly. [Amended by L. 1912, ch. 199, in effect Septemler 1, 1912.] § 278. Practicing ivitbout registering prohibited. Every license to practice chiropody before the licensee begins practicing thereunder shall be registered in a book kept in the clerk's office of the county where such practice is to be carried on, with the name, the residence, the place and date of birth, and the source, the number and date of his license to practice. Before registering, each licensee shall file, to be kept in a bound volume in a county clerk's office, an affidavit of the above facts, and also that he is the person named in such license and had before receiv- ing the same complied with all requirements as to attendance and amount of study and examinations required by law and the rules of the university as preliminary to the conferment thereof; that no money was paid for such license except the regular fees paid by all applicants therefor; that no fraud, misrepresentation or 390 NEW YORK STATE EDUCATION DEPARTMENT mistake in any material regard was employed by any one or oc- curred in order that such should be conferred. Every license, or if lost, a copy thereof, legally certified so as to be admissible as evidence, or a duly attested transcript of the record of its con- ferment shall, before registering, be exhibited to the county clerk, who, only in case it was issued or indorsed as a license under seal by the regents, shall indorse or stamp on it the date and his name, preceded by the words " Registered as authority to practice chirop- ody in the clerk's ofiice of county." The clerk shall thereupon give to every chiropodist so registered, a transcript of the entries in the register with a certificate, under seal, that he has filed the prescribed affidavit. ^Amended by L. 1912, ch. 199, in effect September 1, 1912.] § 279. Person not entitled to register unless holding a license. ]^o person shall be entitled to register as a chiropo- dist unless he or she shall hold the license provided for in section two hundred and seventy-two of this article. Every unrevoked certificate and indorsement of registry made as provided in this article, shall be presumptive evidence in all courts and places that the person named therein is legally registered. After September first, nineteen hundred and twelve, no person shall register any authority to practice chiropody unless it has been issued or in- dorsed as a license by the regents. 'No such registration shall be valid unless the authority registered constituted at the time of the registration a license under the laws of the state then in force. lAmended by L. 1912, ch. 199, in effect September 1, 1912.] § 280. Duty of county clerk. The county clerk of each county shall provide a book to be known as the register of chiropo- dists, in which shall be recorded the matters in section two hun- dred and seventy-eight of this article set forth, and shall there- upon give to every registrant a transcript of the entries in the register with a certificate under seal that he has filed the. pre- scribed affidavit. Every applicant who shall have complied with the foregoing provisions and shall be admitted to registration shall pay to the clerk of said county the sum of one dollar, which shall be received as full compensation for such registration, affidavit and certificate. A practicing chiropodist having registered a law- ful authority to practice chiropody in one county and removing such practice or a part thereof to another county or regularly en- gaged in practicing or opening an office in another county, shall show or send by registered mail to the clerk of such other county his certificate of registration. If such certificate clearly shows that PEACTICE OF TROFESSIONS 391 the original registration was under the provisions of any law now or, heretofore in effect, the clerk shall thereupon register the ap- plicant in the latter county on receipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate the date and Mis- name preceded by the words ^' Eegistered also in county," and return the certificate to the applicant. [Amended hy L. 1912, Ch. 199, in effect September 1, 1912.] § 281. Penalty for violations or neglect to comply with this article. Any person who shall present to any county clerk for the purpose of registration, any license which has been fraudulently obtained, or shall obtain any license under this article by any false or fraudulent statement or representa- tion, or shall practice chiropody or any branch thereof within this state without conforming to the requirements of this article, or shall otherwise violate or neglect to comply with any of the provisions of this article, shall be guilty of a misdemeanor, and shall on conviction, for each and every offense be punished by a fine of not less than fifty dollars nor more than one hundred dol- lars, or by imprisonment for a term not less than thirty days and not more than one year, or by both fine and imprisonment. Any person who shall practice chiropody under a false or assumed name or shall falsely personate another practitioner or former practitioner of a like or different name, shall likewise be guilty of a misdemeanor and punished accordingly. The regents may revoke the license of a chiropodist or annul his registration or do both in any of the following cases: (a) Conviction of a felony; (b) Fraud or deceit in practice; (c) If the practitioner be a habitual drunkard or be habitually addicted to the use of morphine, opium, cocaine, or other drugs having a similar effect; (d) If the practitioner undertakes or engages in any practice beyond the privileges and rights accorded to him in his license ; (e) If his license has been obtained through any false or fraudulent representations or actions upon his part. Proceedings for the revocation of a license or the annulment of a registration shall be begun by filing the written charge or charges against the accused. These charges may be preferred by any person or corporation, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the executive officer of the board of regents and a copy thereof shall be filed with the secretary of the board of medical examiners, which latter body shall designate a committee, of their number, to hear and deter- 392 NEW YORK STATE EDUCATION DEPARTMENT mine said charges. The time and place for the hearing of said charges shall be fixed by said committee as soon as convenient, and a copy of the charges, together with a notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel at least ten days before the date actually fixed for such hearing. Service shall be in person or by publication and shall indicate a definite time and place for a hearing. At said hearing the accused shall have the right to cross- examine the witnesses against him and to produce witnesses in his defense and to appear personally or by counsel. The said com- mittee shall make a written report of its findings and recommenda- tions to be signed by all its members and the same shall be forth- with transmitted to the executive officer of the board of regents. If the said committee shall unanimously find that said charges or any of them are sustained and shall unanimously recommend that the license of the accused be revoked or his registration be annulled, the regents may thereupon, in their discretion, revoke said license or annul said registration, or do both. If the regents annul such registration, they shall forthwith transmit to the clerk of the county or counties in which said accused is registered as a chiropodist, a certificate under their seal certifying that such reg- istration has been annulled, and said clerk shall, upon receipt of such certificate, file the same and forthwith mark said registra- tion "Annulled." Any person who shall practice chiropody, after his registration has been marked "Annulled," shall be deemed to have practiced chiropody without registration, and in violation of this article. But nothing in this article shall be construed to prohibit any duly and legally licensed or authorized physician or surgeon from practicing chiropody or any branch thereof. When any prosecution under this article is made on the com- plaint of " The pedic society of the state of 'New York," the fines when collected shall be paid to the said " The pedic society of the state of I^ew York," and any excess of the amount of such fines over the expenses incurred by the said society in enforcing the law of this state relating to the practice of chiropody, shall be paid at the end of the year by the said society to the treasurer of the state of 'New York for the common school fund. [Amended hy L. 1912, ch. 199,' m effect September 1, 1912.] § 282. Construction of this article. For the purpose of this article " chiropody " is understood to be the surgical treat- ment of abnormal nails, all superficial excrescenses occurring on the hands and feet, such as corns, warts or callosities, and the PRACTICE OF PROFESSIONS 393 treatment of bunions; but it shall not confer the right to operate upon the hands or feet for congenital or acquired deformities, or for conditions requiring the use of anaesthetics other than local, or incisions involving strvictures below the level of the true skiir. VIII. OPTOMETRY Public Health Law (L, 1909, ch. 49) art. 15 Section 300. Definition; application of article. 301. State board of examiners. 302. Powers of board. 303. Examinations; certificates of practitioners, 304. Certificate to be recorded and displayed. 305. Fees. 306. Revocation of certificate. 307. Violations of article. 308. Construction of article. § 300. Definition; application of article. The prac- tice of optometry is defined to be the employment of any means, other than the use of drugs, for the measurement of the powers of vision and the adaptation of lenses for the aid thereof. § 301. State board of examiners. The board of ex- aminers in optometry is continued. The members of said board now in office shall continue in office until the expiration of their respective terms. Such board of examiners shall consist of five persons, appointed by the state board of regents, and shall possess 'sufficient knowledge of theoretical and practical optics to practice optometry and shall have been residents of this state actually en- gaged in the practice of optometry for at least five years. The term of each member of said board shall be three years, or until his successor is appointed, and vacancies shall be filled for the un- expired term only. § 302. Poivers of board. Said board of examiners shall, subject to the approval of the regents, make such rules and regu- lations, not inconsistent with the law, as may be necessary for the proper performance of its duties; any member of the board may upon being duly designated by the board, or a majority thereof, administer oaths or take testimony concerning any matter within the jurisdiction of the board. § 303. Examinations; certificates of practitioners. Every person desiring to commence or to continue the practice of optometry after January first, nineteen hundred and nine, except 394 XEW YORK STATE EDUCATION DEPARTMENT as hereinafter provided, upon presentation of satisfactory evi- dence, verified by oath, that he is more than twenty-one years of age, of good moral character, has a preliminary education equiva- lent to at least two years in a registered high school, and has also studied at least three years in a registei-ed optometrist's office, or has graduated from a school of optometry, maintaining a standard satisfactory to said board of regents, shall take an exam- ination before said board of examiners to determine his qualifica- tions therefor. Every candidate successfully passing such exam- ination shall be registered by said board of regents as possessing the qualifications required by this article, and shall receive from said board of regents a certificate thereof, but any person who shall submit to said board of examiners satisfactory proof as to his character, competency, and qualifications, and that he has been continuously engaged in the practice of optometry in this state for more than two years next prior to the time that chapter four hundred and sixty of the laws of nineteen hundred and eight took effect, may upon the recommendation of said board of exam- iners receive from thb board of regents a certificate of exemption from such examination, which certificate shall be registered and entitle him to practice optometry under this article. Every person who was, on the twenty-first day of May, nineteen hundred and eight, when section two hundred and nine-d of the public health law, as then known, took effect, entitled to a certificate of exemp- tion as therein provided, but who failed or neglected to make ap- plication therefor and present evidence to entitle him thereto, on or before January first, nineteen hundred and nine, as provided by said section, must make such application and present such evi- dence on or before July first, nineteen hundred and nine, or he shall be deemed to have waived his right to such certificate. Be- fore any certificate is issued it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted upon the certificate. A photograph of the person registered shall l>e filed with the record and a duplicate thereof affixed to the cer- tificate. In all legal proceedings the record and photograph so kept in the regents' office or certified copies thereof shall be prima facie evidence of the facts therein stated. [As amended hy L. 1909, c/i. 134.] § 304. Certificate to be recorded and displayed. Every person to whom a certificate of either registration or ex- fMnption shall be issued shall immediately cause the same to be re- PRACTICE OP PROFtlSSlOXS 395 corded in thte clerk's office in the county of his residence, and also in the clerk's office of each other county wherein he shall then practice or thereafter commence the practice of optometry; every person practicing optometry must also display his certificate of registration or exemption in a conspicuous place in the principal office wherein he practices optometry and, whenever required, ex- hibit such certificate to said board of examiners or its authorized representatives. And whenever practicing said profession of optometry outside of, or away from, said ofiice or place of business, he sh/all deliver to each customer or person so fitted with glasses, a bill of purchase, which shall contain his signature, home post- office address, and the number of his certificate of registration or exemption, together with a specification of the lenses furnished and the price charged therefor. § 305. Fees. The fee for such examination shall be fifteen dollars; for a certificate of registration, ten dollars, and for a certificate of exemption, five dollars, to be paid to the board of regents and constitute a fund for expenses made necessary by this article. Such fees shall be paid into the state treasury and the legislature shall annually appropriate therefrom for the education department an amount sufficient to pay all proper expenses in- curred pursuant to this article. The fee to be paid to the county clerk for recording a certificate shall be fifty cents. § 306. Revocation of certificate. The board of regents shall have power to revoke any certificate of registration or exemption granted by it under this article, the holder of which is guilty of any fraud or deceit .in his practice, has been con- victed of crime, or is an habitual drunkard, or grossly incom- petent to practice optometry. Proceedings for revocation of a certificate or the annulment of registration shall be begun by filing a written charge or charges against the accused. These charges may be preferred by any person or corporation, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the executive officer of the board of regents, and a copy thereof filed with the secretary of the board of optometry ex- aminers. The board of optometry examiners, when charges are preferred, shall designate three of their number as a committee to hear and determine said charges. A time and place for the hearing of said charges shall be fixed by said committee as soon as convenient, and a copy of the charges, together with a notice of the time and place when they will be heard and determined, shall be 396 NEW YORK STATE EDUCATIOX DEPARTMENT served upon the accused or his counsel, at least ten days before the date actually fixed for said hearing. Where personal ser- vice or service upon counsel cannot be affected, and such fact is certified on oath by any person duly authorized to make legal service, the regents shall cause to be published for at least seven times for at least twenty days prior to the hearing, in two daily papers in the county in which the optometrist was last known to practice, a notice to the effect that at a definite time and place a hearing will be had for the purpose of hearing charges against the optometrist upon an application to revoke his certificate. At said hearing the accused shall have the right to cross-examine the witnesses against him and to produce witnesses in his defense, and to appear personally or by counsel. The said committee shall make a written report of its findings and recommendations, to be signed by all its members, and the same shall be forthwith trans- mitted to the executive officer of the board of regents. If the said committee shall unanimously find that said charges, or any of them, are sustained, and shall unanimously recommend that the certificate of the accused be revoked or his registration be annulled, the regents may thereupon, in their discretion, revoke said certifi- cate or annul said registration, or do both. If the regents shall annul such registration, they shall forthwith transmit to the clerk of the county or counties in which said accused is registerf^d as an optometrist, a certificate under their seal certifying that such reg- istration has been annulled, and said clerk shall, upon receipt of said certificate, file the same and forthwith mark said registration " annulled.'' Any person who shall practice optometry after his registration has been marked ^^ annulled " shall be deemed to have practiced optometry without registration. Where the certificate of any person has been revoked, or his registration has been annulled as herein provided, the regents may, after the expiration of one year, entertain an application for a new certificate, in like manner as original applications for certificates are entertained ; and upon such new application they may in their discretion exempt the ap- plicant from the necessity of undergoing any examination. § 307. Violations of article. JSTo person not a holder of a certificate of registration or exemption duly issued to him and recorded as above provided shall after January first, nineteen hundred and nine, practice optometry within this state. No per- son shall falsely personate a registered optometrist of a like or different name, nor buy, sell,' or fraudulently obtain a certifi- cate of registration or exemption issued to another. Practicing PRACTICE OF PROFESSIONS 397 or offering to practice optometry, or the public representation of being qualified to practice the same by any person not author- ized to practice optometry, shall be sufficient evidence of a viola- tion of this article. Any violations of the provisions of this article shall be a misdemeanor and courts of special sessions shall have jurisdiction of all such violations. § 308. Construction of article, l^othing in this article shall be construed to apply to duly licensed physicians authorized to practice medicine under the lavrs of the state of New York nor t.0 persons v^ho neither practice nor profess to practice optom- etry, who sell spectacles, eyeglasses or lenses either on prescrip- tion from such physicians or from such duly qualified optome- trists, or as merchandise from permanently located and established places of business. IX. PUBLIC ACCOUNTANTS General Business Law (L. 1909, ch. 25) § 80. Certified public accountants. Any citizen of the CJnited States, or person who has duly declared his intention of becoming such citizen, residing or having a place for the regular transaction of business in the state, being over the age of twenty- one years and of good moral character, and who shall have re- ceived from the regents of the university a certificato of his quali- fications to practice as a public expert accountant as hereinafter provided, shall be styled and known as a certified public account- ant; and no other person shall assume such title, or use the ab- breviation C. P. A. or any other words, letters or figures, to in- dicate that the person using the same is such certified public accountant. § 81. Regents to make rules. The regents of the uni- versity shall make rules for the examination of persons applying for certificates under this article, and may appoint a board of three examiners for the purpose, which board shall be composed of certified public accountants. The regents shall charge for ex- amination and certificate such fee as may be necessary to meet the actual expenses of such examinations, and they shall report, annually, their receipts and expenses under the provisions of this article to the state comptroller, and pay the balance of receipts over expenditures to the state treasurer. The regents may revoke any such certificate for sufiicient cause after written notice to the holder thereof and a hearing thereon. § 82. Misdemeanor. Any violation of this article shall be ;i misdemeanor. 398 KEW YORK STATE EDUCATION DEPARTMENT X. CERTIFIED SHORTHAND REPORTERS General Business Law (L. 1909, ch. 25) ARTICLE 8-A Certified shorthand reporters (Article added hy L. 1911, ch, 587.) Section 85. Certified shorthand reporters; qualifications. 86. Idem; examination and certific-tion. 87. Exceptions. 88. Violations. § 85. Certified shorthand reporters; qualifica- tions. Any citizen of the United States, or person who has duly declared his intention of becoming such citizen, residing or having a place for the regular transaction of business in this state, being over the age of tvi^enty-one years, and of good moral character, and who shall have received from the regents of the university a certifi- cate of his qualifications to practice as a public shorthand reporter as hereinafter provided, shall be styled and known as a certified shorthand reporter, and no other person shall assume such title or use the abbreviation C. S. R., or any other words, letters or figures to indicate that the person using the same is such certified shorthand reporter. § 86. Idem; examination and certification. The regents of the university shall make rules for the examination of persons applying for certificates under this article and shall ap- point a board of three examiners for the purpose, which board shall after the year nineteen hundred and fourteen be composed of certified shorthand reporters. The term of office of the members of such board of examiners shall' be three years, except that of the first board appointed under this article, one member shall hold office for one year, one member for two years, and one mem- ber for three years, such respective terms to be determined by the regents of the university, who shall also fill any vacancies which may occur in such board. The regents shall charge for examination and certificate such fee as may be necessary to meet the actual expenses of such examinations, and they shall report annually their receipts and expenses under the provisions of this article to the state comptroller, and pay the balance of the re- PRACTICE OF TROFESSIOITS 390 ceipts over expenditures to tlie state treasurer. The regents may revoke any such certificate for sufficient cause after written notice to the holder thereof, and a hearing thereon. § 87. Exceptions. The regents may, in their discretion, waive the examination of any person possessing the qualifications mentioned in section eighty-five, who shall have been for more than three years before the enactment of this article practicing in this state, solely on his own account, as a public shorthand reporter, or who is at the time this article takes effect a shorthand reporter duly appointed as an official in any court of this state, and who shall apply in writing for such certificate within one year after this article takes effect. § 88. Violations. Any violation of the provisions of this article shall be a misdemeanor. INDEX Abolition of libraries, 220-21 Academic departments, 5 academies changed to, 73 apportionment, 113 for non-resident pupils, 114 boards of education, powers, 73 establishment, 69-70 Academic examinations, 11 Academic quota, 113 Academies apportionment to, 113 changed to academic departments, 73 charters, 13 defined, 5 dissolution, 15-18 retransfer to former trustees, 73- 74 trustees, 73 Accountants, 11, 397 Actions agains-t school officers, 160 county judge to compel district to levy tax for costs, 160, 161 expenses of district officers in de- fending, tax for, 45 for recovery of taxes, 99 supervisors sue for money due from school officers, 32-33 teachers' wages, unpaid, 45 trustees, against predecessor, 60 provisions of code of civil pro- cedure, 279-80 Affidavits, commissioner of educa- tion may take, 25 district superintendents may take, 90 Age of pupilS; 124, 131 Agricultural education, advisory board in relation to, 306 Agriculture, schools of, 126-30, 189-200, 238-40 authority of the board of educa- tion over, 128 courses for training of teachers, 130 Agriculture, schools of (continued) estimates and appropriations, 129- 30 state aid for, 128-29 supervision by commissioner of education, 24 Alcoholic drinks, see Physiology and hygiene Alfred University, state school of agriculture, 193-94 Annual meetings, see School meet- ings Apparatus apportionment for, 113, 114 boards of education to purchase, 69, 70 district to vote tax for, 45 exempt from taxation, 37 expenditures for, 58 loans, 11 purchase of, from proceeds of sale of school-house or site, 106-7 repairs, 58 Appeals from action of joint meeting alter- ing school districts, 30 to commissioner of education, 162- 64 from district superintendents' acts and decisions, 91 district superintendents to report testimony to commissioner of education, 90 expenses of district officers, tax for, 45 See also Decisions Appellate division libraries, 224 Appointments of officers and em- ployees of education department, 7 Apportionment, see Public library money; School libraries; School moneys Arbor day, 147-48 Archives in state library, 214 Art associations, incorporation, 13 401 402 NEW YOEK STATE EDUCATION DEPAETMENT Assessment, see Taxes Associations, incorporation, 13 Attendance compulsory, 131 of Indians, 167 record of, 122, 134 Attendance officers, 136 Indian schools, 169 interference with, 136-37 Attorneys, admission of, 324-38 Ballot boxes boards of education to provide, 64- 65 trustees shall provide, 48 Ballots in common school districts, form of, 48 Banking law, extract from, 300-1 Banks savings, in schools, 300-1 taxation of, 268-72 Bequests authorized, 312-14 to corporations, 311-19 of personal property other than money or securities exempt, 319 transfer tax, exemptions from, 319 See also Gifts; Trusts Birds, birds' nests and eggs, permit to make collection, 321 Blackboards, district to vote tax for, 44-45 Blind, instruction of, 170-76 required attendance, 131 state school for, 176-82 Boards of education, 61-76 academy, may adopt as academic department, 73 appointment of officers in union free school district, 53 bonds, issue of, 109-10 condemnation of land for school- house site, 107 contracts with trustees in other districts, 125 corporate bodies, 62 defined, 6 election, 34-35, 63-65 disputes concerning, 65 in new district, 65-66 inspectors, 64 Boards of education {continued) election {continued) notice of, 64 record of votes, 64 special, 65 expenditures, limitation upon, 72 fire drills, duties relating to, 146 fire escapes, construction, 104 industrial and trade schools, duties relating to, 127 ineligibility, 47 kindergartens, to maintain, 71 library property, transfer of, 221- 22 meetings, 71-72 annual, 66 members, school officers, 6 niglit schools, to maintain, 71 number of members in certain dis- tricts, 66-67 powers and duties, 68-71 president, 62 records, 74 removals from office, 26, 68, 70 reports, 74 filed with commissioner of edu- cation on request, 27 report of pupils from other dis- tricts, 126 scliool libraries, appointment .of librarian, 221 school meetings, duties relating to, 35, 36-37 special, may oall, 42 school moneys, custody and pay- ment of, 72 estimate of expenditures, 74-75 school-houses, outbuildings, pro- vision for, 105 sites, designation without vote, 106 superintendent of schools, super- vision, 71 supervision by commissioner of education, 26 taxes for payment of bonded in- debtedness of school district, to raise, 31 certified to corporate autliorities, 75-76 may levy without vote, 75 INDEX TO EDUCATIOX LAW, 1910 403 Boards of education (continued) teachers, contract with, 123 relationship to, 124 training schools or classes, may establish, 151-52 term of office, 63, 65-66, 67, 68 text-books, to designate, 141 to furnish, 142 title to lands vested in, 107-8 trustees, powers of, 73 of union school district, election, 34-35 vacancies in office, 49 how filled, 70 visitation of schools, 71-72 waterclosets, to provide, 70 See also Trustees; Union free school districts Boards of supervisors, see Supervis- ors Bond collector's, 44, 52-53, 54, 06, 120 recovery of money on, 55 supervisor's, for school moneys, 80-81 treasurer's, 44, 52, 54, 120 Bonded indebtedness, charge upon enlarged district; 31 of school districts, apportionment by district superintendent, 29 Bonds, 108-9, 109-10 legalizing, 301-6 rate of interest, 305-6 sale, notice of, 110 payment of proceeds, 51-52 s-alc of site to be taken as security for, 106 Books bought with public money, ap- proval of, 220 forfeiture of grants, 219 subject to return to state, 220 of delinquent libraries, 220 loans, 11, 219 penalties for detention, 218-19 regents may buy for libraries, 220 standard for local subsidies, 217 Books and apparatus, apportionment ,for, 113, 114 Botanist, state, member of museum staff, 12 Branch institutions, establishment restricted, 14 Branch libraries, 216 Branch schools, establishment, 58 Brooklyn schools, anniversary -day, 279 Building for education department, 8 Buildings, see School-houses Bulletins, publication authorized, 7-8 Business corporations law, extract from, 307 Business schools, use of name college, 18 Census Indian inhabitants, 170 school, 139-41 expenses, how paid, 112 Certificates issued by institutions of other states or countries, regents may fix value of, 11 protection against fraud, 18 See also Credentials; Normal schools; Teachers' certificates Certified public accountants, 11, 397 Certified shorthand reporters, 398-99 Chancellor of university, 9 duties, 10 meetings, to call, 10 signature to reports, 7 Charters, corporations business corporations law, 307 constitutional provisions, 307 membership corporations law, 308 Charters of university iiastitutions, 13 alteration or repeal, 14 conditions of granting, 13-14 library, 218 property requirements, 13-14 provisional, 13 restrictions, degree-conferring pow- er, 18 surrender, 18 suspension, 13 Children, unlawful employment, 133- 34, 283-96 See also Pupils; School age 404 NEW YORK STATE EDUCATION DEPARTMEN'T Chiropody, practice of, 386-93 Circulation, subsidies granted on, 217 Cities apportionment to, 111, 112, 113 deposit, custody and payment of moneys in, 72 libraries, 216 property in trust for common schools, 118 school district for purposes of ap- jwrtionment, 117 supervisory districts shall not form part of, 82-83 taxes, corporate authorities to levy, 75 teachers' training schools or classes, 151-52 treasurer or chamberlain, certifi- cate of apportionment of school moneys to, 115-16 Civil procedure, code of, extract from, 279-80 Clerk, see District clerk Cobleskill, state school of agriculture at, 194-97 Code of civil procedure, extract from, 279-80 Collection of taxes, see Taxes Collector bond, 44, 52-53, 54, 96, 120 recovery of money on, 55 county treasurer, payment of tax to collector, 98 custody of moneys, 54 disbursement of moneys, 78 district treasurer, payment of moneys to, 52, 54 election in common school dis- tricts, 44 fees, 97 in each school district, 47 jurisdiction, 96 liability of, for moneys lost, 54 payment of moneys, 120 railroad companies, assessment and tax, 97 receipt for taxes, 273 removal of, 26 reports of receipts and disburse- ments, 54 Collector (continued) school officer, 6 taxes, notice of receiving, 96-97 unpaid, return oi^ 99 w^arrants for collection of, 95-96 teachers' fund, to disburse, 53 trustee^ may not hold office of, 47 not to draw on for teachers' wages unless record is verified, 123 in union free school district, 53^4 vacancy in office, 49 how filled, 50 Colleges defined, 5 degree-conferring power, 13 incorporation, conditions of, 13 name, use of, 18 trusts, may hold, 313, 315 water-works -and sewer systems, may construct, 22-23 Colonial history, extra copies, 214-15 Colored children, schools for, 165 Columbus day, 113, 279 Commissioner of education, 6, 23-27 academy, approval of adoption as academic department, 73 ■affidavits, m'ay take, 25 agriculture, schools of, supervision, 24 appeals or petitions to, 162-64 appointment of officers and em- ployees, 7 Arbor day, to prescribe exercises for, 147-48 assistant commissioners, appoint- ments, 7 may take testimony, 10 removals and suspensions, 7 boards of education, election dis- putes, to decide, 65 may order new election, 65 removal from office, 26, 68 supervision, 26 buildings, new, plans and specifi- cations must be approved by, 102-3 chief executive officer of state sys- tem of education and of regents, 6, 24 INDEX TO EDUCATION LAW, 1910 405 Commissioner of education {confd) city schools, supervision, 26 collector, removal of, 26 compulsory education law, with- diolding state moneys for failure to comply with, 138-39 contingent expenises, decisions on, conclusive, 75 contracts between school districts for education of pupils, approval of, 125-26 deaf and blind, institutions for, duties relating to, 170-71, 172, 173 district clerk, removal of, 26 district election disputes, determi- nation of, 65 district superintendents, appeals from acts of, to be taken to, 91 election disputes, to decide, 91 examinations in agriculture, to prescribe, 83 expenses, may audit and allow, 87 to perform duties of another superintendent when requested by, 90 m'ay remove from office, 86, 88 reports, 90 to report testimony in appeal cases to, 90 salary, payment of, 87 salary, may withhold, 87 subject to rules prescribed by, 91 vacancy in office, duties relating to, 87 district treasurer, removal of, 26 education department, administra- tion of, 25 election by regents, 24 elected without regard to place of residence, 24 extension of educational facilities, 11 fines, apportionment of, 158 forms, preparation of, 25 home making, schools of, super- vision, 24 Indian children, duties regarding, 166, 169 Commissioner of education (cont'd) industrial and trade schools, ap- portionment for, 128-29 supervision, 24 inspection, duties relating to, 13, 24-25, 26 laws, enforcement of, 24 mechanic arts, schools of, super- rlsion, 24 normal college, control of, 157 normal school diploma, annulment, 25 normal schools, powers and duties, 25, 153, 154 oaths, power to administer, 25 office continued, 24 patriotic exercises, provision for, 146 penalty for falsely claimiing to rep- resent, 159 physiology law, duties relating to, 144 powers and duties, 24-26 property to be held in trusVfor common schools, 118 question papers for Cornell Uni- versity scholarships, to direct preparation, 187 registers, blanks, forms, prepara- tion of, 25 removals and suspension, 7 reports, to the legislature, 7-8 from boards of education, to re- quire, 74 filed with county clerk and county treasurer, may require, 27 of school officers, to require, 26 of school trustees, to prescribe form of, 59, 60 responsible for books, records and other property, 25 responsible for seal, 25 rules of regents, to enforce, 26 salary, 24 school commissioner, removal of, 26 school districts, appeal to from ac- tion of meeting altering, 30 406 NEW YOKK STATE EDUCATION DErAllTMENT Commissioner of education {cont'd) school districts (continued) minutes of meeting to organize union school to be filed with, 35 proceedings of meeting, to be notified of, 36-37 scliiool libraries, rules regarding, 221 school library moneys, may with- hold, 222 school meetings, special, may call, 4] of two or more districts, may order, 34 school moneys, apportionment, 111-15 certificate of apportionment, Ho- le apportionment of money for non- resident pupil Sj 114 •apportionment withheld for fail- ure to comply with physiiology law, 145 withholding of, 26 school neighborhoods, 37-38 scliool officers, removal of, 26 school-houses, may grant use of for examinations and institutes, 104 seal, 7 signature to reports, 7 special meeting of regents, may call, 10 suits or proceedings to enforce de- cisions of, 160, 161 superintendent of schools, removal of, 26 supervision over schools and insti- tutions, 24 supervisory districts, disputes re- garding formation to be deter- mined by, 91 tax list, approval of amendment of, 96 teachers, dismissal, 124 regulations governing, 121 to keep register of, 25 salary, may authorize payment in certain cases, 112 teachers' certificates, to issue, 121 annulment, 25 endorsement, 121-22 Commissioner of education {cont'd) teachers' certificates (continued) may revoke for refusal to teach physiology and hygiene, 144 teaxjhers' institutes, duties relating to, 148-49, 150 teachers' retirement fund, duties relating to, 203, 205,206,209,211 teachers' training schools and classes, apportionment for, 117 duties relating to, 151 term of office, 24 testimony, may take, 10 trade schools, supervision, 24 traveling and other expenses, al- lowance for, 24 trustee of Cornell University, 25 trustees, removal of, 26 trusts, supervision, 118 report of to, 110 union school district, may author- ize meeting to organize, 33 supervision, 26 vacancy in office of trustee, to call meeting to fill, 50 villages and union free school dis- tricts, to determine population of, 71, 112-13 visual linstruction, provision for, 25-26 See also Education Department Commissioners, school, see School commissioners Common school districts, see Districts Common schools constituitional provisions, 262 free to resident pupdls, 124 non-resident pupils, 124 See also Districts; School meetings Comptroller school moneys, may withhold pay- ment of, 117 warrants for payment, 115 Compulsory education, 130-39 of Indians, 167 Compulsory school age, defined. 6 Condemnation of land for school - house sites, 107 Constitutional provisions relating to education, 262-63 Contingent expenses, 75 INDEX TO EDUCATION LAW, 1910 407 Contingent fund established, 111 Contracts between school districts for educa- tion of pupils, 125 for building school-houses, 105 district superintendent not to be interested in, 88 for library privileges, 216 officials not to be interested in, 283 school trustees not to be interested in, 61 teachers, 123 Conveyance of pupils, 45-46 Cornell University, 182-91 commissioner oi education, trustee of, 25 Corporal punishment, 280 Corporate authorities to levy taxes, 75-76 Corporations bequests to, 311-19 d i ssolution, 310-11 incorporation by special act for- bidden, 307 management, 310 property-holding, 309 receiver, 310-11 stock, 307, 308-9 See also Charters Costs in actions by or against school officers, 160 Counterfeiting credentials, 18 Counties, grants of property to, for common ischools, 118 Country life advancement, 306 County clerk district superintendent, duties re- lating to election of, 85 to file trustees' reports and sup- erintendents' abstracts with, 90 to forward certain reports to com- missioner of education, 27 school moneys, certificate of ap- portionment to, 115-16 supervisory districts, duties relat- ing to, 83 County judge, appeal to, 161-^2 hearing before, 162 County judge (continued) tax for costs in actions, to com- pel districts to levy, 160, 101 County law, extract from, 299 County libraries, 216 County treasurer certificates relating to apportion- ment to send to commissioner of education, 27 fines, disposition of, 159 penalty for disobedience to sub- pa3na, to impose, 90 railroad companies, notice to, of assessment and tax, 98 payment of tax to, 98 school moneys, annual report of, 115 apportionment to be certified to, 115-16 payments of, 115 payments to, statements of, 116 supervisor's bond, duties relating to, 80-81 tax list, transmission to, 99 taxes, payment to collector, 98 unpaid, collection of, 99-100 trustee of unclaimed academy stock, 18 Course of study boards of education to prescribe, 68 district superintendents, duties concerning, 89 trustees to prescribe in common schools, 57 Court libraries, 223-38 Court of appeals orders, regarding admission of at- torney, 330 rules for the admission of attor- neys and counsellors-at-law, 330- 36 Court of appeals judges' law lib- raries, 224 Court of appeals libraries, 223-24 Credentials conferment by regents, 11 for extension work, 11 fraudulent, 18 408 NEW YORK STATE EDUCATION DEPARTMElNT Dannemora, assessment for school purposes of certain state lands in, 101 Deaf mutes, instruction of, 170-76 Decedent's estate law, extract from, 3 11 Decisions, appeals from, 1(53-0-1 Definitions, 5-6 Degree-conferring institutions, re- striction of number, 18 Degree-conferring power, restrictions, 13-14, 18 Degrees charter restriction, 13-14 conferment by regents, 11 issued b.y institutions of other states or countries, regents may fix value, 11 protection against fraud, 18-19 provisional charter gives no power to confer, 13, Degrees, honorary, conferment by re- gents, 11 Delinquent and dormant institutions, ■ exclusive from university mem- bership, 12 suspension osf charter, 13 Delinquent libraries, 219, 220 books, 220 Dental societies, 351--52 Dentistry, practice of, 11, 350-60 Departments of university, 12 Detention of library or museum prop- perty, 218-19 Devises, see Bequests Diplom>as conferment by regents, 11 conferment restricted, 18 endorsement, 121-22 issued by institutions of other states or countries, regents may fix value, 11 protection against fraud, 18 Directors, see School directors Disisolution of academies, 15-18 of corporations, 310 of educational corporations, 14-15 school districts, 30 union free school district, re- fitrioted, 35-36 District attorney, fines, report and payment, 158-59 District clerk duties, 51 election in common school districts, 44 forfeiture of amount of moneys lost by negilect, 160 notice to persons elected, 48 oath, teachers, taken by, 123 records of dissolved district, deposit of, 32 removal of, 26 in each school district, 47 scliool meetings, annual, may desig- nate place of, 40 notice of, 40 school meeting, special, may call, 41 school officer, 6 treasurer's bond filed with, 52 trustee, may not hold office of, 47 in union free school disitrict, 53-54 vacancies in office, how filled, 50 District collector, see Collector District libraries, see School libra- ries District meetings, see School meetings District officers, see School officers District quota. 111, 116 district entitled to, 112-13, 126 District superintendent of schools, 82-91 affidavits, may take, 90 appeal cases, to report testimony in, to commissioner of education, 90 appeals from acts of, 91 commissioner of education, subject to rules prescribed by, ^ election, 84-85 expenses, allowance for, 87 may act for another district super- intendent, 90 not to be engaged in other busi- ness, 88 not to be interested in certain busi- ness or to accept rewards, 88 oath of office, 86 oaths, may administer, 90 INDEX TO EDUCATION LAW, 1910 409 District superintendent of schools (continued) oflfice created, 82 powers and duties, 88-90, 91 powers of school commissioners, to hold, 91 qual'ificaticns, 85-86 removal from office, 88 disqualifies for reelection for live years, 86 reports, 90 salary, 87 (forfeiture of, 87 school districts, formation, 29 school moneys, certificate of appor- tionment to, 116 subpoenas, power to issue, 90 supervisory districts, 82-84 teachers, examination and licensing of, 90 term of office, 86 training classes^ inspection of, 89 vacancy in office, 86-87 how filled, 87 See also School commissioners District treasurer bond, 44, 52, 54, 120 compensation, 54 duties, 51-52 election in common school districts, 44 payment of money from gospel funds, 120 removal from office, 26 in each school district, 47 school moneys, disbursements, 78 payment to, 115 school officer, 6 term of office, 44 trustee, may not hold office of, 47 not to draw on for teachers' wages unless record is verified, 123 union free school district, 53-54 vacancy in office, 49 how filled, 50 Districts, 27-37 alteration, 29 apportionment, 112-13 Districts (continued) boundaries, correcting records of, a district charge, 88-89 consolidated, property, 32 consolidation, 31 contracts with boards of education, in other districts, 125 dis^nlution, 30 dissolved district, deposit of records, 32 sale of property, 32 to exist for finishing business, 31-32 existing districts continued, 28 formation of new district, 29 formation, re-formation, 31 joint district, dissolution or altera- tion, 30 formation, 29 number, 29 meetings, 39-46 number and description of dis- tricts, 29 records, books, district property, 50 supervision by commissioner of education, 26 trust funds, 118 union school district, reorganiz-a- tion as common school district, 35 See also District clerk; District quota; District treasurer; Schooil meetings: School officers; Super- visory districts; Trustees; Union free school districts Domestic science, see Home making, schools of Dover, assessment for school purposes of certain state lands in, 101 Duplicate department of state li- brary, 214-15 exchanges, 215 loans of books from, 219 Education, boards of, see Boards of education Education department, 6-8 building, 8 under direction of regents and com- missioner of education, 6 410 NEW YORK STATE EDUCATION DEPARTMENT Education department (continued) division's of department, 7 public records and history, 321- 23 management and supervision of public sichooils and educational work of state, 6 reports to the legislature, 7-8 seal, 7 Education fund, 263, 297-93 Educational institutions incorporation, 13, 307 liquidation, 14-15 penalties for detention of property, 218-19 penalties for injuries to property, 218 See also Gifts Election day, 113 Employees of education department appointment, 7 removals and suspension, 7 Employees, state, salaries payable twice each month, 296-97 Employment certificates, 284, 289-92 Employment of children, unlawful, 133-34, 283-96 in factories, 283-88 in mercantile establishments, 288- 94 in street trades, 294-96 Employment of teachers, see Teachers Endorsement of teachers' certificates and diplomas, 121-22 Entomologi&t, state, member ol muse- um staff, 12 Enumeration, see Census Evening schools, 71 certificate, 135-36 required attendance, 132 Examinations academic, 11 chiropody, practice of, 386-88 Cornell University scholarships, 186 dental, 354 for extension work, 11 fraud in, 19 law, practice of, 325, 331-32 medical, 341-44 nurses, 384-85 Examinations {continued) optometry 393-94 pharmacy, 372-74 physiology and hygiene, 144 public accountants, 397 regents, law authorizing, 11 shorthand reporters, 398-99 state certificate, 121 teachers, regulations governing, 121 unlawful acts in respect to, 19-20 use of school buildings for, 104 veterinary medical, 362-64 ^ee also Teachers' certificates Exemptions from taxation, 263-66 for building school-house, 95 Expenditures of school moneys estimates of, 74-75 limitation upon, 72 vote on, 108 to be by ballot, 46 Extension of business by institutions, restrictions, 14 Extension of educational facilities, 5, 11-12 Factories, employment in, 283-88 False personation in examinations, 19 Fees for admission to examinations, 11 collector's, 97 libraries, assistance to, 220 supervisor and town clerk in oases oif district alteration, 33 supervisors, 298 town clerk, 53 Financial provisions, state finance law, 296-98 Fines, 158-62 apportionment, 158 compulsory education law, viola- tion of, 133, 134 for detention of property, 218-19 disposition of, 158 in case of joint district, 159 examinations, violation of law re- lating to, 19-20 fire drills, neglect of, 147 Indian children, persons employing unlawfully, 168 IKDEX TO EDUCATION LAW, 1910 411 Fines (continued) for injuries to library or museum property, 218 notice of district meetings, failure to serve, 42 payments on, 116 report and payment, 158-59 teachers, unqualified, payment of, 122 voters, for false declaration or un- authorized vote, 43 votes, failure to record, 64 See also Penalties Fire drills, 146-47 Fire escapes, 103-4 Flag, display on school grounds, 145-46 Forest, fish and game law, extract from, 321 Forestry, state college of, at Syra- cuse University, 200-2 Forms, preparation of, 25 Fraud in obtaining credentials, 18 Fredonia normal school, practice de- partments in, 155 Free public libraries, see Public li- braries Free tuition, see Tuition Fuel, district to furnish, 44, 70 Funds, educational, 263, 297-98 See also Public library money; School libraries; School moneys Furniture, school-houses, 44, 69, 70, 89 General business law, extract from, 397-99 General construction law, extract from, 278-79 General corporation law, extract from, 309-11 General municipal law, extracts from, 301-6, 320 Geologist, state, member of museum staff, 12 Gifts authorized. 312-14 boards of education, powders, 69 to cor]X) rat ions, 311-19 libraries, 216 Gifts {continued) libraries (continued) conditional acceptance of, 216-17 to the state of obligations o£ an- other state, 297 See also Bequests; Trusts Globes district to vote tax for, 44 loans, 11 Gospel and school lots, 118-20 payment of proceeds of sale, 80 report of supervisior regarding, 119 supervisors' duties, 79 Gospel funds, apportionment, 119 Grants, see Bequests ; School moneys High schools, 5 Higher education defined, 5 Historian, state, 321-23 Historical associations, incorporation, 13 Holidays, 278-79 schools not to be in session on, 113 Home making, schools of, 126-30 authority of board of education over, 128 estimates and appropriations, 129- 30 state aid for, 128-29 supervision by commissioner of ed- ucation, 24 training of teachers, 130 Hours of labor of minors, 288-89 Income from trust fund, accumula- tion of, 316-19 Incorporation, see Charters Indebtedness, see Bonded indebted- ness Independence day, 279 Indian collection, 12 Indian law, extract from, 320-21 Indian reservation, apportionment for teachers, 1 1 1 Indian schoolts, 165-70 teachers, 167 Indians compulsory education, 167 education in normal schools, 156 Indorsement of teachers' certificates and diplomas, 121-22 412 l^EW YORK STATE EDUCATION DErARTMENT Industrial aftd trade schools, 126-30 application of moneys, 129 estim^ates and 'appropriations for, 129-30 state aid for, 128-29 supervision by commissioner of ed- ucation, 24 Industrial training in truant schools, 138 Injuries to property, penalties, 218 Insanity law, extract from, 319-20 Inspection of common school, by boards of ed- ucation, 71-72 by commissioner of education, 26 by district superintendent, 88 deaf and blind, institutions for, 170-71 industrial and trade schools, 24-25 of institutions, authority for, 24 libraries, 217 training classes, by district super- intendent, 89 university institutions, 13 Inspectors of election, 64 common .school districts, 48 Institutions in university, 12 Insurance normal schools, 155-56 school library, 57, 69 schoolhouses, 45, 57, 69 Joint districts, see Districts Judge, see County judge Judgments taxes for payments of, 57 for teachers' wages, how satisfied, 45 Judiciary law, extract from, 324-38 Kindergartens, 71 Labor day, 279 Labor law, extracts from, 283-96 Lands, state, tax on, 267-68 Lantern slides, loans, 11 Law, practice of, 324-38 Law examiners, rules, 336-38 Laws repealed, 240-61 Lecturers, extension, regents may designate, 11 Legislature, members may borrow from state library, 214 Libraries, 213-22, 319-20 abolition, 220-21 branch, 216 charters, 13, 218. county, 216 establishment, 216, 320 gifts to, conditional acceptance of, 216-17 inspection, 217 museum collections, 217 neglect, 219 penalties, for detention oif books, 218-19 penalties, for injuries to property, 218 property, 216 subject to return to state, 220 reports, 215, 218 state hospitals, 319-20 subsidies, 217 taxes, 216, 217 transfer, 219 transfers of books to state library, 215 traveling, 219 trustees, 217-18 regents may remove, 219 See also Public libraries; School libraries; State library Library commission, 220 Library fund, 217 Library school, authority for, 220 Licenses, protection against fraud, 18 See also Teachers' certificates Lincoln's birthday 113, 279 observance in public schools, 146 Liquidation of educational institu- tions, 14-15 Liquors sold near schoolhouses, 299- 300 Loans for extension work, 11 from state library, 214, 215, 219 Long Island, State School of Agri- culture, 238-40 INDEX TO EDUCATION LAW, 1910 413 Manual training schools not entitled to share in grants for industrial schools, 129 Manuscripts on file, piart of state library, 214 removal from state library, 214 transfer to state library, 215 district to vote tax for, 44 loans, 11 transfer to state library, 215 Mechanic arts, schools of, 126-30 authority of board of education over, 128 estimates and appropriations, 129- 30 state aid for, 128-29 supervision by commissioner of ed- ucation, 24 training of teachers, 130 Medical inspection of school children, 70-71 Medical library, 214 Medicine, practice of, 11, 339-50 Meetings, see School meetings MembersMp corporation law, extract from, 308 Memorial day, 146. 279 Mercantile establishments, employ- ment in, 288-94 Messengers, hours of labor, 289 Military drill excluded from public schools, 146 Moneys, see Library fund; Public li- brary money; School moneys MoTrisville, sitate school of agri- culiture at, 197-200 Mortgage, stale of site to be taken as security for, 106 Municipal bonds, maximum rate of interest, 305-^ Municipal corporations may establish libraries, 216 See also Cities Museums, 215-16 collections, 217 incorporation, 13 municipal corporation may estab- lish, 320 Museums {continued) penalties, for detention of property, 218-19 for injuries to property, 218 reports, 218 See also State museum Names, use of name college or uni- versity, 18 Names of institutions, change of, 14 Natural history, extra copies, 214-15 Negroes, schools for, 165 Neighborhoods, school, see School neighborhoods New Year's day, 278 New York city, payment of school moneys to, 115 New York State College of Agricul- ture, 189-91 New York State Normal College, con- trol of, 157 New York State School for the Blind, 176-82 New York State Veterinary College, 188-89 Newsboys, permit and badge for, 294-95 Night schools, 71 required attendance, 132 Nonresident pupils, apportionment for tuition, 114 tuition, 69-70, 114, 124 Normal schools, 152-58 admis'Siion requirements, 154-55 courses of study, 154 diploma, 154 commissioner of education may annul, 25 endorsement, 122 qualifies for teaching, 121 grants and bequests, 156 Indian youth in, 156 insurance, 155-56 local boards, 153, 154 defaulting, 154 physiology and hygiene, insitruction in, 144 policemen, special, 155 principal, duties relating to physi- ology law, 145 secretary, salary, 153 414: ]S^EW YORK STATE EDUCATION DEPARTMENT Normal schools {continuecr) supervision by commissioner of ed- ucation, 25 teaxihers, 154 trea;surer's bond, 153 sialary, 153 Nurses, registration, 11, 384-85 Oaths commissioner of education may adm'inister, 25 district superintendents may ad- minister, 90 Observatories, trusits for, 313, 315 Officer of institutions, ineligible as re- gent, 9 Officers of Education Department appointment, 7 removals and suspensions, 7 Officers of university, 9-10 Officers, see also School officers Onondaga nation, wampum keeper, 320 Optometry, practice of, 11, 393-97 Organization tax, 308-9 Orphan schools, 164-65 •apportionment to, 111 Osteopathy, license to practice, 343 Paid help from state library, 220 Paleontologist, state, member of mu- seum staff, 12 Papers, see Manuscripts Parental relation defined, 5 Patriotic exercises, 146 Penal provisions relating to schools and school officers, 280-83 Penalties, 158-62 children, unlawful emplioyment, 134 chiropody, unlawful practice of, 391 commissioner of education, regents or other school officer, falsely claiming to represent, 159 compulsory education law, viola- tion of, 133, 134 dental law, violations of, 358-60 fire drills, neglect of, 147 forfeiture of, for neglect to sue for, 160 fraudulent credentials, 18-19 Penalties (continued) Indian children, failure to send t<^» school, 168 for injuries to property, 218 medical law, violations of, 349-50 notice of school meetings, failure to serve, 42 pharmacy law, violations of, 380- 82 school officers, refusal to make re- port, 41 refusal to serve or perform duty, 49 subpoena, disobedience of, 90 suits for, 160, 161 supervisors' refusal to give bond, 81 teachers, failure to complete con- tract, 123 unqualified, payment of, 122 teachers' institutes, failure to at- tend or close schools, 150 text-books, law concerning, 142 trustee, failure to account, 60 veterinary medical law, violations of, 367 voters, false declaration or unau- thorized vote, 43 See also Fines Pensions, teachers', 202-12 Personal property, bequests other than money or securities ex- empt, 319 law, extracts from, 312-14, 316-17 Petitions to commissioner of educa- tion, 162-64 Pharmacy, practice of, 11, 368-83 Photographs, see Pictures Physiology and hygiene, 142-45 examinations in, 144 instruction of pupils in, 57, 68 Pictorial or graphic representations, 25-26 Pictures apportionment for, 113 loans, 11 Pipe line companies, apportioning valuation, 274-75 Poll-list in common school districts, 48 INDEX TO EDUCATION LAW, 1910 415 President of college, ineligible as re- gent, 9 Principals of schools fire drills, to maintain, 146 ineligible as regent, 9 Profesisional schoods, 5 Professions, practice of, 11, 324-99 Professorships, trusts for, 313, 315 Property of abandonee district library* 222 corporations, 309 extinct, 14 library, control by regents, 219 of transferred library, 219, 221- 22, 222 subject to return to state, 220 penalties for injuries to, 218 school district, cor soli dated; 32 to be held in trust for common schools, 118 See also Gifts; Real propgrty; School property; Taxes; Trus- tees ; Trusts Proviisional charters, 13 Public accountants, 11, 397 Public documents part of state li- brary, 214 Public health law, extracts from, 278, 339-97 Public holidays, 278-79 Public libraries, 215-16 aIx)lifcion, 220-21 advice and instruction from state library, 220 delinquent libraries, 219, 220 forfeiture of state grants, 219 formed from scliool libraries, 219, 221-22, 222 free to residents, 218 gifts to, conditional acceptance of, 216-17 incorporation, 218 municipal corporation may estab- lish, 320 penalties for detention of books, 218-19 for injury to property, 218 reports, 215, 218 scliool library property, transfer to, 222 Public libraries (continued) taxation, 216, 217 transfers of books to state library, 215 trustees, 217-18 Public library money, apportionment, 220 forfeiture of grants, 219 return to state, 220 Public money, see School moneys Public records, supervisor of, office created, 321-23 Public school teachers' retirement fund, 204-12 Pupils, 120-24 /See also Children; Non-resident pu- pils Railroad companies taxation, 97-98 •apportioning valuation, 274-75 Reading-rooms, 216 penalties for detention of books, 218-19 if or injuries to property, 218 Real property, acquisition for school purposes, 107 Real property law, extracts from, 314-16, 317-19 Receivers of corporations, 310-11 Record books, teachers responsible for, 122 Records boards of education, 74 copies of, authenticated by seal, 7 on file, part of state library, 214 public, supervisor of, office created, 321-23 removal from state library, 214 school officers, district property, 50 Recreation grounds, 68 Reference books of abandoned district libraries, 222 Regents absences, 10 application for dissolution of edu- cational corporations, 310 charters, may grant, 13 may alter or repeal, 14 may suspend, 13 416 NEW YORK STATE EDUCATIO?^ DEPARTMENT Regents {continued) colleges or universities, power to regulate name of, 18 eommissioner of education, chief executive officer, 24 electioTi of, 24 constitutional provisions, 262-63 court of appeals libraries, duties relating to, 223-24 defined, 5 departments, may establish, 12 dissolution of institutions, powers, 15 duplicate department, charge of, 214-15 election, 9 examinations, may establish, 11 extension of educational facilities, 11 ineligibility, 9 inspection of institutions, 13 institutions in university, powers, 12 legislative power, 10 libraries, abolition oif, duties re- garding^ 220-21 approval of transfer, 219 books for, may buy, 220 charters, may grant, 218 gifts, approval of acceptance, 216-17 property, control of, 219 reports, to submit, 218 for state hospitals, 319-20 trustees, may remove, 219 •manuscripts and records, to make available, 214 meetings, 10 quorum, 10 no " ex-officio " members, 9 number, 9, 263 oath of office, 10 officers, 9-10 penalty for falsely cliaim'ing to rep- resent, 159 powers, 7, 9, 10, 11, 263, 321-23 professions, supervision of, 11 property to be held in trust for common schools, 118 rules, commissioner of education to enforce, 26 Regents {continued) rules {continueij,) may make, 10 seal, 7 senior regent, powers in vice-chan- cellor's absence, 10 state library, control of, 214 state normal college, control of, 157 term of office, 9 testimony, authority to take, 10 vacancies in office, 9 to be reported to legislature, 10, Registers, see School register Registration of institutions, 11 Religious instruction in theological seminaries, exempt from state control, 10 See also Sectarian schools Reports board of education to make, 74 county clerk and county treasurer to forward to oommiss/ioner of education, 27 county treasurer to render, 115 ' district superintendents, 90 from university institutions, 13 failure to report causes suspen- sion, 13 required before sharing in appor- tionment, 114-15 public libraries, 215, 218 of pupils from other districts, 126 regulatioois for making, 25 school library, 221 school officers, commissioner of ed- ucation to require, 26 state library, 215 state museum, 12 trustees, 59-^0, 90 Retirement fund for teachers in state institutions, 202-4 for public school teachers, 204-12 Rocklamd county, assessment for school purposes of state lands in, 101 Rules of regents amended, suspended or repealed, 11 commissioner of eduoabion to en- force, 26 enactment, 10 INDEX TO EDUCATION LAW, 1910 417 Rules of regents (continued) violation by institutions, causes suspension, 13 St Lawrence county, taxation, 275- 77 St Lawrence University, state school of agriculture, 191-93 Savings banks in schools, 300-1 Schoharie state school of agriculture, 194-97 Scholarships, trusts for, 313, 315 School lage, 124, 131 Indian chdldrcn, 167 School authorities defined, 6 School commissioners acts may be appealed from, 163 Arbor day, duties relating to, 147 boards of education, may call spe- cial election, 65 certification of teachers by, 122 defined, 5 districts, 299 examinations for Cornell Univer- sity scholarships, duties relating to, 186 forfeiture of amount of moneys lost by neglect, 160 physiology law, duties relating to, 144 property held in trust for common schools, 118 removal of, 26 reports, abstracts of, 27 school districts, apportionment of moneys collected by supervis- ors, 32-33 approval of proceedings of meet- ing to dissolve union school district, 36 designation of union free school districts, 35 dissolution and alteration, 29-31 dissolution or alteration of joint district, 30 division of union free school dis- tricts, 36 meetings, conditional approval of proceedings, 36 effect of veto of proceedings, School commissioners (continued) school districts, meetings (con- tinued ) minutes of meeting to organize union school to be filed with, 35 noimber and description, 29 school meetings, to give notice of, 39 special, may call, 41, 42 eohool moneys, apportionment of, 116-17 school neighborhoods, 37-38 school officers, 6 school officers, may accept resigna- tion of, 49 resignation filed with, 49 school-houses, condemnation of, 104 estimates of erection, 104 may request use of for examina- tions and institutes, 104 supervisory districts, duties relat- ing to, 83 teachers' certificates, may grant 4ind revoke, 122 teachers' institutes, duties relating to, 149 may order payment of expenses, 150 training classes, supervision, 151 trustee, may fill vacancies in office of, 50 not eligible as, 47 See also District superintendent of schools School directors compensation, 84 district superintendents, election of, 84-85 filling vacancy in office, 87 election, 84 oath, 84 term of office, 84 vacancies in office, 84 how filled, 84 Scnool districts, see Districts School libraries abandoned, 222 apportionment of moneys to, 113- 14 may be withheld, 222 418 NEW YORK STATE EDUCATION DEPARTMENT School libraries (continued) (authority to raise and receive money for, 221 change to circulating library, 222 district superintendent to advise trustees regarding purchase of books, 89 establishment, 216 existing law and rules continued in force, 221 insurance, 57, 69 librarian, 70, 221 property, transfer to free public library, 222 public libraries formed from, 219, 221-22, 222 reports, 221 tax for establishment of, 45, 221 trustee may not be librarian, 47 use and care, 221 School meetings, 39-46 acts may be appealed from, 163 annual, of boards of education, 66 of districts re-formed after dis- solution, 41 notice of, 40 time and place of, 40 in dissolved district, 31-32 duty to attend, 42 first, notice of, 39 joint district, special meeting to act regarding dissolution, 30 neighborhood meetings, 38 notice, effect on proceedings if due notice not given, 42 penalty for railure to serve, 42 school-houses, designation of site, 106 to consider erection of, 104-5 sale of, 106 special meeting, call by school com- missioner, 42 in common school districts, 41 in union free school district, 42 to transact business of annual meeting, 41 taxes, power to vote, 108-9 text-books, to designate, 141 union school districts, establish- ment, 33 School meetings {continued) union school districts (continued) dissolution and reorganization, 35 establishment, proceedings of, 34-35 voters, qualifications, 42-43 See also Boards of education School moneys, 110-17 apportionment, certificate of, 115- 16 certifying and paying, manner of, 115 to cities, (academies, academic de- partments and libraries, 113 by commissiioner of education, 111-15 conditions for cities and dis- tricts, 112-13 county treasurer to forward cer- tificates relating to, to educa- tion department. 27 errors corrected by com'missioner of education, 112 for industrial and trade schools, 128-29 by school commissioners, 32, 116-17 to union school districts and cities, 117 when payable, 116 withheld for failure to comply with physiology law, 145 boards of education may borrow, 70 reports on, 74 comptroller may withhold payment of, 117 custody of, 51-52, 54 deposit, custody and payment in cities and villages, 72 disbursement by supervisors, 78-80 liow made, 52 of dissolved district, 37 expenditures, estimates of, 74-75 limitation upon, 72 vote on, 108 vote on, to be by ballot, 46 forfeiture of amount lost by neg- lect, 160 INDEX TO EDUCATION LAW, 1910 419 School moneys (continued) issuing order in excess of availaWe funds, a misdemeanor, 01 liability of collector for moneys lost, 54 lost or embezzled, tax for, 45 notice of non-payment, 60 payment by trustee to successor, CO to unqualified teachers pro- hibited, 122 proceeds from sale of property of dissolved district, disposition, 32 supervisor's bond for, 80-81 report to county treasurer, 81- 82 teachers' fund, collector to dis- burse, 53 trea-surer custodian of, 51-52 trustees, report on, 60 right of action against predeces- sor, 60 withheld by commissioner of edu- cation. 26 for failure to comiply with com- pulsory education law, 138-39 for non-compliance with law re- garding;; teachers' institutes, loO See also Bonds; Taxes School neighborhoods, 37-39 apportionment to, 112 clerk and trustee, duties, 38-39 meetings. 38 .setting off, 37-38 School oflScers, 46-50 actions against. 160 costs in, 160 expenses in defending suits, tax for, 45 acts m-ay be appealed irom, 163 contracts, not to be interested in, 283 defined, 6 election, 44, 48 oath of office, not required to take, 47 penal provisions relating to, 280- 83 School officers (continued) penalties, neglect to sue for, 160 for falsely claiming to represent, 159 for refusal to serve or perform duty, 49 qualifications, 47 records, books, district property, 50 removal by commissioner of edu- cation, 26 removed from office, ineligible for one year, 47 reports required of, 26, 41 resignation, 49 district clerk to notify trustees of, 51 term of office, 47 length of, when elected at special meeting, 41 terms of, in newly created districts, 47 trustees may not hold office of, 47 vacancies dn office, 49 how filled, 50 See also Collector; District clerk; District treasurer; Trustees School property application of funds obtained from sale of, 37 exeinpt from taxation, 37 School record certificate, 134-35, 286, 292 School register, verification of, 123 School trustees, see Trustees School-houses, 102-9 boards of education, powers, 69 bonds, 108-9, 109-10 condemnation, 90, 104-5 custody by trustees, 57 erection, 102-3, 104-5 exempt from taxation, 37 exemptions from tax for building, 95 fii-e escape, 103-4 fuel, 44, 70 furniture, 44, 69, 70, 89 hire, purchase etc., 44, 57, 69 insurance, 44, 57, 69 420 NEW YORK STATE EDUCATION DEPARTMENT Schoolhouses {continued) location, 102 outbuildings, 70, 105 plans and specifications of new buildings must be approved by coon missi oner, 102-3 property not subject to taxation, 37 title vested in board of educa- tion, 69 repairs, 44, 69, 89 repairs and appliances, 58 sale of, 69, 106 school district meetings held in, 40 site, bonds for purchase of, 109-10 change of, 106 condemnation of land for, 107 designation, 44, 106 designation without vote, 106 purchase, 57, 68-69 B-ale of, 69, 106 taxes and bonds, 108-9 title to land^, vesting in boards of education, 107-8 when owmer's consent necessary, 107 taxes, 44, 103, 104^, 108-9 temporary or branch, establish- onent, 58 use, for examiniatioms and insti- tutes, 104 out of school hours, 104 waterclosets, 70, 105 See also Taxes Scientific associations, incorporation, 13 Scientific collections made by museum staff, 12 of birds, birds' nests and eggs, per- mit to make collection, 321 Seal of regents and commissioner, 7 care of, 25 Secondary education, defined, 5 Sectarian schools, no state aid to, 263 Sewer systems, colleges may con- struct, 22-23 Shorthand reporters, certified, 398-99 Specimens, transfer to state library or museum, 215 State certificates exaiminations for, 121 of other states, endorsement, 122 State finance law, extracts from, 296-98 State historian, 321-23 State hospitals, libraries for, 319-20 State lands, taxes on, 267-68 State library advice and instruction from officers, 220 borrowers, 214 building, 8 how constituted,, 213-14 department of university, 12 duplicate department, 214-15 hours of opening, 214 loans, 214, 215, 219 manuscripts and records on file, to receive, 214 receipts from sales used for, 215 reports, 215 subject to regents, 214 transfers from state officers, 215 State medical library, 214 State museum building, 8 certificate to collect for scientific purposes, 321 collections made by staff, 12 ihow constituted, 12 department of university, 12 Indian section, 12 report, 12 transfers to, 215 State officers may borrow from state library, 214 salaries, payable twice each month, 296-97 transfers of booKs etc., to state library, 215 State publications certain, in regents' charge, 214-15 extra copies, 214-15 on file, part of state library, 214 proceeds of sales, 215 State schools of agriculture, 126-30, 189-200, 238-40 INDEX TO EDUCATION LAW, 1910 421 State treasurer •payments of school moneys by, 115 teachers' institutes, pajment of ex- penses, 150 Statuary, loans, 11 Stock corporations, 307, 308-9 Street trades, employment in, 294-96 Subpoenas, district superintendent to issue, 90 Subsidies library, 217 restrictions of, 263 Suits, see Actions Superintendents of schools certification of teachers by, 122 examinations for Cornell Uni- versity scholarships, duties re- lating to, 186 physiology law, duties relating to, 144 removal of, 26 school officer, 6 school record certifieates, issue of, 135 school-houses, may request use of for examinations and institutes, 104 teachers schools or classes, super- vision, 151-^2 in union free school districts, 71 Supervision quota. 111, 112, 116 Supervisor of public records, office created, 321-23 Supervisors, 78-82 bond, for school moneys, 80-81 refusal to give, consequences of, 81 co«t in actions against, 160 deaf and blind, duties relating to, 173-74 decisions may be appealed from, 163 district superintendents, may in- crease salary, 87 duties, 78-80 fees, 33, 298 gospel fund, apportionment, 119 gospel or school lots, report re- garding, 119 libraries^ eontract with, 210 Supervisors (continued) property in trust for common schools, 118 school districts, alteration proceed- ings, to sit with school com- missioner and town clerk, 30 application oi proceeds of sale of property, 32 sale of property of dissolved dis- trict, 32 school moneys, apportionment, duties relating to, 117 reports to county treasurer, 81- 82 to sue for money due from school officers, 32 supervisory districts, duties relat- ing to, 83 ta,xes, unpaid, collection of, 100 levy of, 100 treasurer to demand money of, 52 trustee, not eligible as, 47 trustees not to draw on for teacher's wages unless record is verified, 123 valuation of taxable property, 93- 94 Supervisory districts, 82-84 disputes regarding formation to be determihed by commissioner of education, 91 Supreme court, control over gifts, grants and devises, 312, 314 Supreme court libraries, 224-38 at Binghamton, 230-31 Brooklyn, 226-27 . Buflfalo, 233-34 Delhi, 231 Elmira, 231-32 Joseph F. Barnard memorial library at Poughkeepsie, 228 Kingston, 229 New York, 226, 236-37 Newburgh, 227 Norwich, 232-33 Queens county, 237-38 Saratoga, 229 Troy, 235-36 Utica, 229-30 White Plains, 234-35 422 NEW YORK STATE EDUCATION DEPARTMENT Syracuse University, state college of forestry at, 200-2 Tax law, extraets from, 263-75, 308-9, 319 Tax list, 92 amendments, 96 filing with town clerk, 100-1 transmission to county treasurer, 99 trustee to make out, 56 Taxes, 91-102, 263-77 for apparatus and text-books, 44-45 appeals on refusal to levy for costs in action, 161-62 assessment, 92 of state lands in Dannemora and Wawarsing, 101-2 of vacant land, 94 banks, 268-72 boa.rds of education may levy with- out vote, 75 eertification by trustees of collect- or's return, 99 collection, 272-73 collector, fees, 97 jurisdiction of, 96 notice, 96-97 corporate authorities to levy, 75-76 costs in actions by or against school officers, 160 equalization within joint districts, 93-94 exemptions from. 263-66 tax for building schoolhouse, 95 levying, vote to be by ballot, 46 libraries, 216, 217 non-resident pupils, deducted from charges for tuition, 124 outbuildings, provision for, 105 paid upon incorporation, 308-9 persons working land on shares and vendees in possession liable to taxation, 95 powers of annual and special meet- ings to vote, 108-9 property of certain absentee own- ers, liability of, 95 to be assessed; 95 Taxes (continued) railroad companies, notice to, 97- 98 payment by, 98 receipt for, 273 for record book, 45 to replace moneys lost or embez- zled, 45 in St Lawrence county, 275-77 school library, 45, 221 school property exempt from, 37 school-houses, 44, 103, 104-5, 108-9 sites, 44 state lands, 267-68 suits for recovery of, 99 to supply deficiencies, 45 for teacher's salary, 70 payment of deficiency in, 45 to pay judgments on, 45 tenant's right to charge tax to landlord, 95 text-books, for purchase of, 142 transfer tax on devises and be- quests, exemptions, 319 trustees, expenses of, 60-61 unpaid, collection of, 99, 100 levy by supervisors, 100 return by collector, 99 valuation, ascertainment of, 93 power of trustees to determine, 93 vote on, 75, 108-9 warrant, for collection of, 95-96 filing with town clerk, 100-1 renewals of, 96 Teachers, 120-24 agencies, district superintendent not to be interested in, 88 of agriculture, mechanic arts and home making, 130 'attendance at institutes, 113, 150 contract with, 123 penalty for failure to complete, 123 dismissal, 124 employment, 57, 70, 89 examination and licensing of, 90 fire drill, to maintain. 146 fund, collector to disburse, 53 INDEX TO EDUCATION LAW, 1910 423 Teachers (continued) Indian schools, 167, 168-69 for industrial and trade schools, 24 meetings, called by district super- intendent, 80 physiology and hygiene, exatnitia- tions' in, 144 primary and grammar schools, 121 qualifications, 120-21 quota. 111, 116 district entitled to, 112-13, 126 record of attendance, to keep, 134 books, 122 verification of, 123 registers of, 25 retirement fund for teachers in state ins'titutions, 202-4 for public school teachers, 204-12 Salaries apportionment of moneys for, 111. 117 commissioner of education ma}^ authorize payment in certain cases, 112 expenditures for, 75, 78 issuing order for in excess of available funds, a misde- meanor, 61 payments of, 116 by trustees, 57 not to be paid until record is verified, 123 paid for attendance at insti- tutes, 150 payable as often as monthly, 124 time of payment in contract, 123 to unqualified teachers pro- hibited, 122 tax for, 45. 57, 70, 75 school record certificates, issue of, 135 schools for colored children, 165 trustees, relationship to, 124 See also Training classes Teachers' certificates commissioner of education to issue, 121 Teachers' certificates (continued) commissioner of education (cont'd) may annul, 25 district superintendent may grant, 90 endorsement, 121-22 examination for, 90, 121 local authorities may issue, 122 prerequisite to employment, 1^1 registers of, 25 regulations governing, 121 revocation, 25, 90, 122 for failure to complete contract, 123 for failure to attend institute, 150 for refusal to teach physiology and hygiene, 144 temporary, 121 Teachers' institutes, 148-50 attendance at, penalty for failure of, 150 comma ssioner of education, duties relating to, 148-49, 150 expenses, payment of, 150 physiology and hygiene, instruction in, 144 school buildings used for, 104 school commissioners, duties relat- ing to, 149 schools closed during, 149-50 Teachers' licenses, see Teachers' cer- tificates Technical schools, 5 Telegrapli companies, apiwrtioning valuation, 274-75 Telephone companies, apportioning valuation, 274-75 Testimony, authority of regents to take, 10 Text-books, 141-42 adoption, 89 boards of education to designate, 68, 141 changes in, 141-42 district to vote tax for, 45 free, in union school districts, 142 on physiology, 143 424 NEW YORK STATE EDUCATION DEPARTMENT Theologioal seminaries, religious in- strucfion in, exempt from state cooi- trol, 10 Town clerk, 76-78 collector's bond, to file, 53 duties, 76-77 expenses, 77-78 fees, 32, 53 forfeiture of moneys lost by neg- lect, 160 school districts, alteration proceed- ings, to sit with school com- missioner and supervisor, 30 decision regarding alteration to be filed with, 21) description and number filed with, 2J) minutes of meeting to organize union school to be filed with, 35 records of dissolved district to be deposited with, 32 tax list and warrant filed with, 100-1 Town law, extract from, 298 Towns libraries, 216 property in trust for common schools, 118 Trade schools, 126-30 application of moneys, 129 estimates and appropriations, 129- 30 state aid for, 128-29 supervision by commissioner of education, 24 Training classes, 150-52 apportionment for, 117 inspectioTi by district superintend- ent, 89 physiology and hygiene, instruction in, 144 Transfer of libraries, 219 Transfer tax on devises and bequests, exemptions, 319 Traveling libraries, 219 Treasurer, see County treasurer; Dis- trict treasurer; State treasurer Truant officer, school officer. 6 '^>un.nfc schools^ 137-^Si Truants, arrest of, 136 in Indian schools, arrest of, 169 Trust fund, accumulation of income, 316-19 Trustee, defined, 5 Trustees, 55-61 . of academy, may dissolve academy, 15 account books, to provide, 58 actions by, provisions of code of civil procedure, 279-80 against predecessor, 60 costs in, 160, 162 may be appealed from. 163 apparatus, expenditures for, 58 application of moneys from gospel funds, 120 ballot boxes, to provide, 48 boards of education have powers of, 73 body cor])orat|e. 55 bonds, issue of, 109-10 collector, to deliver bond to, 52-53 in default, remedy against, 55 conclusions oif two valid. 56 condemnation of land, 107 conferences with district superin- tendent, 89 contracts, not to be interested in, 61 with trustees in other districts, 125 conveyance of pupils, may contract for. 45-46 disbursements, may order, 52 of teachers' fund, 53 election, 47-48, 62-63 in common school districts, 44 fire drill, duties relating to, 147 fire escapes, construction, 104 forfeiture of arnount of moneys lost by neglect, 160 ineligibility, 47 to insure school property, 45 issuing order in excess of available funds a misdemeanor, 61 meetings, 56 See a^so School meetings neglect of duty, 49 npighborh«>p4 truatee, report, J^s INDEX TO EDUCATION LAW, 1910 425 Trustees ( continued ) nuisances, abatement, 90 , number, 47 payment to successor, 60 peaialty, for failure to account, 60 for payment of unqualified teacher, 122 physiology law, duties relating to, 144 powers and duties, 56-59 mode of exercise of, 56 property held by, bo in trust for common schools, 118 refusal to serve, 49 removal of, 26 report of pupils from other dis- tricts, 126 reports, 59-60, 90 filed with coniniissioner of educa- tion, 27 school districts, alteration without consent of, 29 consent to dissolution, 30-31 dissolved, to continue in office to settle unfinished business, 31- 32 notice of meetings in other than village districts, to give, 33-34 to give notice of meetings to or- ganize union schools in two or I more districts, 34 unioii school district, to call special meeting for organiz- ing, 33 school libraries, appointment of librarian, 221 school meetings, annual, m'ay desig- nate place of, 40 special, may call, 41 to consider question of build- ing school-houses, 104-5 school moneys, duties relating to, 51-52, 60 school officer, 6 school officers, may fill vacancies in office of, 50 school-houses, abatement of nui- sances, 58 care of, 58 eontt'oet lor building, 105 Trustees {continued) school-houses [continued) fu^miture, 89 may grant use of for certain pur- poses, 104 ~ ^ not to levy tax for unless plans approved by commissioner, 103 outbuildings, provision for, 105 repairs and appliances, duties concerning, 58, 89 school-houses or site, execution of deed for sale of, 106 to sue for money unpaid upon security^, 106 to take security for sale, 106 sole trustee, powers and duties, bo tax list, transmission to county treasurer, 99 tax list and warrant, delivery to town clerk, 100-1 taxation for expenses incurred by, 60-61 taxes, for certain expenses, to levy, 162 suits for recovery of, 99 teachers, contract with, 123 relationship to, 124 teachers' institutes, penalty for failure to close scliool during, 150 temporary or branch schools, to provide, 58 terms of office, 47, 62-63 treasurer to deliver bond to, 52 vacancies in office, 49, 56 action in case of, 56 how filled, 50 See also Boards of education; School meetings; Taxes Trustees of corporations application for dissolution of edu- cational corporations, 14-15, 310 Trustees of pubMc libraries, 217-18 regents may remove, 219 Trustees of university institutions absences frorri meetings, 20 degrees and credentials, may grant, 21-22 election, 20 executive committee, 20 iiielig'ible M regent, 9 426 NEW YORK STATE EDUCATION DEPARTMENT Trustees of university institutions (continued) meetings, 20 no compensation, 21 number and quorum, 20 officers and employees, 21 powers, 20-22 property, control of, 21 property holding, 20-21 removals and suspensions, 21 rules, may make, 22 seniority, 20 term of office, 20 vacancies, 20 women eligible, 20 Trusts for schools, 118 authorized, 312-14 control and supervision, 118 limitation of bequest. 311 report of, to commissioner of edu- cation, 119 See also Bequests; Gifts Tuition of non-resident pupils, 69-70, 114, 124 Union free school districts apportionment to, 111 board ai education to control, 69-70 clerk, 53-54 collector, 53-54 consolidation of other districts with, restriction, 31 deposit, custody and payment of moneys, 72 dissolution, 30-31 restricted, 35 division, of dissolved district, 36 establishment, 33 industrial and trade schools, 127 l-aws applying to, 76 meeting, regarding reorganiza'^.on as common school district, 35 of two or more districts, 34 number of members of board of education in, 66-67 proceedings of meetings to form, 34-35 school district, for purposes of ap- portionment, 117 special meetings, 42 Union free school districts (confd) supervision by commissioner of education, 26 treasurer, 53-54 trustees, 47 vacancy in office, how filled, 50 See also Boards of education; Districts; School meetings; Trustees Union schools, academic departments, see Academic departments United States deposit fund, 220, 263, 297-98 Universities, 5 incorporation, 13 use of name, 18 University of the state of New York, 5, 8-23 in constitution, 262-63 corporate name and objects, 9 departments, 12 government, 9, 263 institutions in, 12 management and supervision by education department, 6 objects, 9 powers, 9, 263 reports to the legislature, 7-8 seal, 7 use of term, 5 wampum keeper of Onondaga nation, 320 See also Education department; Regents Vacancies in office boards of education, 70 district superintendent, 86-87 regents, 9 school director, 84 school officers, 49 scliool trustee. 49, 56 trustee of university institutions, 20 Vaccination of school children, 278 report on, 59 Ventilation of school-houses, 103 Veterinary medicine and surgery, 11, 360-67 Vice-chancellor of university, 9 powers, 10 INDEX TO EDUCATION LAW, 1910 427 Villages deposit, custody and payment of moneys in, 72 libraries, 216 taxes, corporate authorities to levy, 75-76 union school districts in, notice of organization, 33 Visitation of schools, see Inspection Visual instruction, provision for, 25-26 Voters challenges, 43 penalty for false declaration or un- authorized vote, 43 powers, 43-46 qualifications at district meetings, 42-43 Wampum keeper of Onondaga nation, 320 Warrants for collection of taxes, 95-96 comptroller's, for payment of school moneys, 115 filing with town clerk, 100-1 Washington's birthday, 113, 279 observance in public schools, 146 U'aterclosets, 70, 105 Water-works, colleges may construct, 22-23 Wawarsing, assessment fo • school purposes of certain state lands in, 101-2 Witnesses, subpoenas to compel at- tendance of, 90 Women, district superintendents, 86 may vote at school meetings, 43 ^ C 4G579 244022