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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 connect<?d with the Indians of l^ew York.
§ 57. Institutions in the university. The institu-
tions of the university shall include all secondary and higher
educational institutions which are now or may hereafter be in-
corporated in this state, and such other libraries, museums, in-
stitutions, schools, organizations and agencies for education as
may be admitted to or incorporated by the university. The
regents may exclude from such membership any institution fail
ing to comply with law or with any rule of the university.
EDUCATION LAW 13
§ 58. Visitation and reports. The regents, or the com-
missioner of education, or their representatives, may visit, exam-
ine into and inspect, any institution in the university and any
school or institution under the educational supervision of the
state, and may require, as often as desired, duly verified reports
therefrom giving such information and in such form as the regents
or the commissioner of education shall prescribe. For refusal or
continued neglect on the part of any institution in the university
to make any report required, or for violation of any law or any
rule of the university, the regents may suspend the charter or any
of the rights and privileges of such institution.
§ 59. Charters. Under such name, with such number of
trustees or other managers, and with such powers, privileges and
duties, and subject to such limitations and restrictions in all
respects as the regents may prescribe in conformity to law, they
may, by an instrument under their seal and recorded in their
ofBce, incorporate any university, college, academy, library, mu-
seum, or other institution or association for the promotion of
science, literature, art, history or other department of knowledge,
or of education in any way, associations of teachers, students,
graduates of educational institutions, and other associations whose
approved purposes are, in whole or in part, of educational or cul-
tural value deemed worthy of recognition and encouragement by
the university. 'No institution or association which might be in-
corporated by the regents under this chapter shall, without their
consent, be incorporated under any other general law.
§ 60. Provisional charters. On evidence satisfactory
to the regents that the conditions for an absolute charter will be
met within a prescribed time, they may grant a provisional
charter which shall be replaced by an absolute charter when the
conditions have been fully met ; otherwise, after the specified time,
on notice from the regents to this effect, the provisional charter
shall terminate and become void and shall be surrendered to the
regents. No such provisional charter shall give power to confer
degrees.
§ 61. Conditions of incorporation. No institution shall
be given power to confer degrees in this state unless it shall have
resources of at least five hundred thousand dollars ; and no insti-
tution for higher education shall be incorporated without suitable
provision, approved by the regents, for educational equipment and
proper maintenance, ^o institution shall institute or have any
14 NEW YORK STATE EDUCATION DEPARTMENT
faculty or department of education in any place or be given power
to confer any degree not specifically authorized by its charter; and
no corporation shall, under authority of any general act, extend
its business to include establishing or carrying on any educational
institution or work, without the consent of the board of regents.
§ 62, Change of name or charter. 1. The regents
may, at any time, for sufficient cause by an instrument under their
seal and recorded in their office, change the name, or alter, sus-
pend or revoke the charter or incorporation of any in-
stitution which they might incorporate under section
fifty-nine, if subject to their visitation or chartered or
incorporated by the regents or under a general law; provided
that, unless on unanimous request of the trustees of the institu-
tion, no name shall be changed and no charter shall be altered, nor
shall any rights or privileges thereunder be suspended or repealed
by the regents, till they have mailed to the usual address of every
trustee of the institution concerned at least thirty days' notice
of a hearing when any objections to the proposed change will be
considered, and till ordered by a vote at a meeting of the regents
for which the notices have specified that action is to be taken on
the proposed change.
2. Any notice to a trustee whose address is not readily ascer-
tainable, may be mailed to him in care of the institution.
§ 63. Dissolution and reehartering. [Repealed hy L.
1911, ch, 860.]
§ 63. Liiquidation of educational institutions.
Whenever any educational corporation subject to the visitation of
the regents, chartered or incorporated by the regents or under a
general law, shall cease to act in its corporate capacity, or shall have
its charter revoked by the regents, it shall be lawful for the supreme
court of this state, upon the application of the majority of the
trustees thereof, in case said court shall deem it proper so to do,
to order and decree a dissolution of such educational corporation,
and for that purpose to order and direct a sale and conveyance
of any and all property belonging to such corporation, and after
providing for the ascertaining and payment of the debts of such
corporation, and the necessary costs and expenses of such sale and
proceedings for dissolution, so far as the proceeds of such sale
shall be sufficient to pay the same, such court may order and direct
any surplus of such proceeds remaining after payment of such
debts, costs and expenses, to be devoted and applied to any such
EDUCATION LAW 15
educational, religious, benevolent, charitable or otber objects or
purposes as the said trustees may indicate by their petition and the
said court may approve.
Such application to said court shall be made by petition, Thily
verified by said trustees, which petition shall state the particular
reason or causes why such sale and dissolution are sought; the
situation, condition and estimated value of the property of said
corporation, and the particular object or purposes to which it is
proposed to devote any surplus of the proceeds of such property;
and such petition shall, in all cases, be accompanied with proof
that notice of the time and place of such intended application to
said court has been duly published once in each week for at least
four weeks successively, next preceding such application, in a
newspaper published in the county where such corporation is
located.
In case there shall be no trustees of such educational corporation
residing in the county in which such corporation is located, such
application may be made and such proceedings taken by the board
of regents of the university of the state of l^ew York. This
section shall not apply to the dissolution of an academy incorpo-
rated under the laws of this state and having a capital stock.
[Inserted hy L. 1911, ch. 860.]
§ 64. Dissolution of incorporated academy by
stockholders. 1. Meeting to consider application for dis-
solution, when to be called. The trustees of any academy incorpo-
rated under the laws of this state and having a capital stock, may,
and upon the written application of any person owning or law-
fully holding one-third of the said capital stock, must call a
general meeting of the stockholders of the said academy, as here-
inafter provided, for the purpose of determining whether or not
such incorporated academy shall surrender its charter and be dis-
solved and its property distributed among the stockholders thereof.
2. ^N'otice thereof, how published. The notice for such general
meeting must state the object thereof and be subscribed by the
chairman or other acting presiding officer and the secretary or
acting secretary of the said corporation or board of t]*ustees; it
shall be published once a week for three successive weeks prior to
such meeting in a daily or weekly newspaper published in the
place where the said academy is located; or if there be no such
paper, then in a daily or weekly paper published within the
county, if there be one, or, if not, in an adjoining county to that
in which such academy is located.
IG NEW YOBK STATE EDUCATION DEPARTMENT
3. Yote requisite for surrender of charter and dissolution.
Whenever, at a meeting of the stockholders called as hereinbefore
provided, any person or persons holding or qualified to vote upon
a majority of the capital stock of such incorporated academy shall
vote to surrender the charter thereof and to dissolve the corpora-
tion, the trustees of such academy, or a majority of them, must
make and sign a certificate of such action, cause the same to be
properly attested by the ofiicers of the corporation and file the
same, together with a copy of the published notice for the meet-
ing at which such action was taken, and due proof of the pub-
lication thereof, in the office of the board of regents of the univer-
sity of the state of ISTew York and thereupon, if the said proceed-
ings shall have been regularly conducted as above prescribed, the
charter of said corporation shall be deemed to be surrendered and
the said corporation dissolved.
4'. Powers of trustees of acadcDiies upon dissolution. Upon the
dissolution of such incorporated academy, as herein provided,
the trustees thereof shall forthwith become and be trustees of the
creditors and stockholders of the corporation dissolved. They
shall have full power to settle the affairs of the said corporation;
to collect and pay the outstanding debts; to sue for and recover
debts and property thereof by the name of the trustees of such
corporation; to sell and dispose of the property thereof, at public
or private sale, and to divide among the stockholders the moneys
or other property that shall remain after the payment of debt?
and necessary expenses.
5. IN^otice to creditors to present claims, how published. The
said trustees m-ay, after the dissolution of the said corporation, in-
sert in a newspaper published in the place where the said academy
is located, or if there be none such then in a newspaper published
within the county, if there be one, or, if not, in an adjoining
county, a notice once in each week for three successive months,
requiring all persons having claims against the said corporation
dissolved to present the same with proof thereof to the said
trustees, at the place designated in such notice, on or before a day
therein named which shall be not less than three months from the
first publication thereof. In case any action, shall be brought
upon any claim which shall not have been presented to the
said trustees within three months from the first publication of
such notice, the said trustees shall not be chargeable for any assets,
EDUCATION LAW 17
moneys or proceeds of the said corporation dissolved, which they
may have paid in satisfaction of other claims against the said
corporation, or in making distribution to the stockholders thereof,
before the commencement of such action. - -
6. Surrender of stock scrip, upon distribution to shareholders.
Upon the distribution by the said trustees of assets or property,
or the proceeds thereof, of the dissolved corporation among its
stockholders the said trustees may require the certificates of owner-
ship of capital stock, if such have been issued, standing in the
name of any stockholder claiming a distributive share, or under
whom such share is claimed, to be surrendered for cancellation
by such stockholder or person claiming the said share; in the
event of the non-production of any such certificate, the said
trustees may require satisfactory proof of the loss thereof, or of
any other cause for such non-production, together with such se-
curity as they may prescribe, before payment of the distributive
share to which the person claiming upon such share of stock may
appear to be entitled.
7. E'otice of distribution, to absent and unknown shareholders.
In case the said trustees upon such distribution by them of assets
or property, or the proceeds thereof, of the dissolved corporation
among its stockholders, shall be unable to find any of the said
stockholders or the persons lawfully owning or entitled to any
portion of the said capital stock, they shall give notice in the
manner hereinabove provided for calling the general meeting
of stockholders, of such distribution, to the persons in whose
names such stock shall stand upon the books of the said corpora-
tion, requiring them to appear at a time and place designated, to
receive the portion of such assets or property to which they may
be entitled; in case of the failure of any such persons to so
appear, it shall be lawful for the said trustees to pay over and
deliver to the county treasurer of the county wherein such
academy was located, or to any trust company or other corpora-
tion located within such county and authorized to receive moneys
on deposit under order or judgment of a court of record, the pro-
portion of the assets, property or proceeds aforesaid which such
non-appearing stock bears to the whole stock; the said trustees
shall also deliver therewith a list of the persons entitled to receive
the same, together with the separate amounts to which they shall
be severally entitled.
18 NEW YORK STATE EDUCATION DEPARTMENT
8. Liability of trustees, when to cease. Upon the payment and
discharge of the debts and obligations of the corporation dissolved,
as hereinbefore provided, and the distribution of its assets, prop-
erty and proceeds among the stockholders thereof, and due pro-
vision made, as hereinabove prescribed, for the interests of non-
appearing stockholders and such as can not be found, the said
trustees shall become and be relieved and discharged from fur-
ther duty, liability and responsibility by reason of their relation
to the said corporation, or towards the stockholders thereof.
9. Duties and liabilities of custodians. Any county treasurer,
trust company or other corporation to whom assets, property or
proceeds shall be delivered as herein provided, shall hold the same
in trust for the persons designated and entitled to receive it; and
upon receiving satisfactory proof of the right and title thereto, or
upon the order of any court of record competent to adjudicate
thereupon, shall pay over and deliver to any persons entitled to
receive the same the portion of such proceeds, property or assets
to which they shall be entitled.
§ 65. Suspension of operations. If any institution
in the university shall discontinue its educational operations
without cause satisfactory to the regents, it shall surrender
its charter to them, subject, however, to restoration whenever ar-
rangements satisfactory to the regents are made for resuming its
work.
§ 66. Prohibitions. 1. E"© individual, association or
corporation not holding university or college degree-conferring
powers by special charter from the legislature of this state or
from the regents, shall confer any degrees, or transact business
under or in any way assume the name university or college, till
written permission to use such name shall have been granted by
the regents under their seal.
2. No person shall buy, sell or fraudulently or illegally make or
alter, give, issue or obtain any diploma, certificate or other instru-
ment purporting to confer any literary, scientific, professional or
other degree, or to constitute any license, or to certify to the com-
pletion in whole or in part of any course of study in any univer-
sity, college, academy or other educational institution.
3. 'No diploma or degree shall be conferred in this state except
by a regularly organized institution of learning meeting all re-
quirements of law and of the university, nor shall any person
with intent to deceive, falsely represent himself to have received
EDUCATION LAW 19
any such degree or credential, nor shall any person append to his
name any letters in the same form registered by the regents as
entitled to the protection accorded to university degrees, unless
he shall have received from a duly authorized institution the
degree or certificate for which the letters are registered. Counter-
feiting or falsely or without authority making or altering in a
material respect any snch credential issued under seal shall be a
felony ; any other violation of this section shall be a misdemeanor ;
and any person who aids or abets another, or advertises or offers
himself to violate the provisions of this section, shall be liable
to the same penalties.
§ 67. Unlaxirful acts in respect to examinations.
A person who shall
1. Personate or attempt or offer to personate another person in
taking, or attempting or offering to take an examination held in
accordance with this chapter or with the rules of the university;
or
2. Take, or attempt or offer to take, such an examination in the
name of any other person; or
3. Procure any other person to falsely personate him or to take,
or attempt or offer to take, any such examination in his name;
or
4. Have in his possession question papers to be used in any such
examination, when not contained in their sealed wrappers, or
copies of such papers or questions, at any time prior to the date
set for such examination, unless duly authorized by the regents
or the com^missioner of education ; or
5. Sell or offer to sell question papers or any questions prepared
for use in any examination held in accordance with this chapter
or with the rules of the university; or
6. Use in any such examination any question papers or ques-
tions, or secure or prepare the answers to such questions prior
to the time set for the examination; or
7. Transmit to the state education department answers to ques-
tions used in any such examination which are prepared or written
outside of the period of examination, or alter any such answers
after such period is closed ; or
8. Otherwise secure or attempt to secure the record of having
passed such examination in violation of the university rules ;
is guilty of a misdemeanor and upon conviction thereof shall be
punished for a first offense bv a fine of not less than fifty dollars
20 NEW YORK STATE EDUCATION DEPARTMENT
or imprisonment for not less than thirty days, or by both such fine
and imprisonment, and for a second offense by a fine of not less
than two hundred and fifty dollars, or imprisonment for not less
than six months or by both such fine and imprisonment.
§ 68. Poivers of trustees of institutions. The trus-
tees of every corporation created by the regents, unless otherwise
provided by law or by its charter, may:
1. I^umber and quorum. Fix the term of office and number of
trustees, which shall not exceed twenty-five, nor be less than five.
If any institution has more than five trustees, the body that elects,
by a two-thirds vote after notice of the proposed action in the
call for a meeting, may reduce the number to not less than five
by abolishing the office of any trustee which is vacant and filing
in the regents' office a certified copy of the action. A majority of
the whole number shall be a quorum.
2. Executive committee. Elect an executive committee of not
less than five, who, in intervals between meetings of the
trustees, may transact such business of the corporation as the
trustees may authorize, except to grant degrees or to make re-
movals from office.
3. Meetings and seniority. Meet on their own adjournment
or when required by their by-laws, and as often as they shall be
summoned by their chairman, or in his absence by the senior
trustee, on written request of three trustees. Seniority shall be
according to the order in which the trustees are named in the
charter or subsequently elected. Notice of the time and place of
every meeting shall be mailed not less than five nor more than
ten days before the meeting to the usual address of every trustee.
4. Vacancies and elections. Fill any vacancy occurring in the
office of any trustee by electing another for the unexpired term.
The office of any trustee shall become vacant on his death, resigna-
tion, refusal to act, removal from office, expiration of his term,
or any other cause specified in the charter. If any trustee shall
fail to attend three consecutive meetings without excuse
accepted as satisfactory by the trustees, he shall be deemed to
have resigned, and the vacancy shall be filled. Any
vacancy in the office of trustee continuing for more than one year,
or any vacancy reducing the number of trustees to less than two-
thirds of the- full number may be filled by the regents, l^o person
shall be ineligible as a trustee by reason of sex.
5. Property holding. Take and hold by gift, grant, devise
EDUCATION LAW 21
or bequest in their own right or in trust for any purpose com-
prised in the objects of the corporation, such additional real and
personal property, beyond such as shall be authorized by their
charter or by special or general statute, as the regents shall au-
thorize within one year after the delivery of the instrument or
probate of the will, giving, granting, devising or bequeathing such
property, and such authority given by the regents shall make any
such gift, grant, devise or bequest operative and valid in law.
Any grant, devise or bequest shall be equally valid whether made
in the corporate name or to the trustees of a corporation, and
powers given to the trustees shall be powers of the corporation.
6. Control of property. Buy, sell, mortgage, let and otherwise
use and dispose of its property as they shall deem for the best
interests of the institution; and also to lend or deposit, or to
receive as a gift, or on loan or deposit, literary, scientific or other
articles, collections, or property pertaining to their work; and
such gifts, loans or deposits may be made to or with the university
or any of its institutions by any person, or by legal vote of any
board of trustees, corporation, association or school district, and
any such transfer of property, if approved by the regents, shall
during its continuance, transfer responsibility therefor to the in-
stitution receiving it, which shall also be entitled to receive any
money, books or other property from the state or other sources to
which said corporation, association or district would have been en-
titled but for such transfer.
7. Officers and employees. Appoint and fix the salaries of
such' officers and employees as they shall deem necessary, who,
unless employed under special contract, shall hold their offices
during the pleasure of the trustees; but no trustee shall receive
compensation as such.
8. Removals and suspensions. Remove or suspend from office
by vote of a majority of the entire board any trustee, officer or
employee engaged under special contract, on examination and due
proof of the truth of a written complaint by any trustee, of mis-
conduct, incapacity or neglect of duty ; provided, that at least one
week's previous notice of the proposed action shall have been
given to the accused and to each trustee.
9. Degrees and credentials. Grant such degrees and honors
as are specifically authorized by their charter, and in testimony
thereof give suitable certificates and diplomas under their seal;
and every certificate and diploma so granted shall entitle the con-
22 NEW YORK STATE EDUCATION DEPARTMENT
feree to all privileges and immunities which by usage or statute
are allowed for similar diplomas of corresponding grade granted
by any institution of learning.
10. Hules. Make all by-laws and rules necessary and proper
for th-e purposes of the institution and not inconsistent with law
or any rule of the university; but no rule by which more than a
majority vote shall be required for any specified action by the
trustees shall be amended, suspended or repealed by a smaller
vote than that required for action thereunder.
§ 69. Colleges may construct ivater-works and
sewer systems. 1. Every incorporated college in this state
is duly authorized and empowered to construct and main-
tain a system of water-works for the purpose of supplying its col-
lege buildings and premises with pure and wholesome water for
domestic, sanitary and fire purposes, and for the preservation of
the health of its students, faculty and employees, and for the
preservation of the public health of the town, village or city in or
near which such college is located, and the construction and main-
tenance of such water-works is declared to be a public use. Such
water-works, as often as necessary, may be enlarged or improved.
2. Any such college shall have the right to acquire real estate,
or any interest therein, necessary or proper for such water-works,
and the right to lay, relay, repair and maintain conduit and water
pipes, with connections and fixtures, on, through, and over the lands
of others ; the right to intercept and divert the flow of waters from
the lands of riparian owners, and from persons owning and
interested in any waters; and the right to prevent the flow or
drainage of noxious, or impure, or unwholesome matter from the
lands of others into its reservoirs, or sources of supply. But no
such college shall ever have power to take or use water from any
of the lands of this state, or any land, reservoir, or feeders, or
any streams which have been taken by the state for the purpose
of supplying the canals with water. The consent of an incor-
porated village or city must be obtained to lay any such pipes
in or through its streets, and such consent may be accompanied
by such reasonable conditions or restrictions as are proper.
3. Such college may cause such examinations and surveys for
its proposed water-works to be made as may be necessary to de-
termine the proper location thereof, and for such purpose, by its
officers, agents and servants, may enter upon any lands or waters
in the vicinity for the purpose of making such examinations and
EDUCATION LAW 23
surveys, subject to liability for all damage done. When surveys
or examinations are made or concluded, a map shall be made of
the lands or interests to be taken or entered upon, and on which
the land or interest of each owner or occupant shall be designated,
and all streets and roads in which it is proposed to lay conduit
pipes, with the proposed line thereof, which map shall be dated
and signed by the engineer making the same ; and said map shall
be filed and kept in the college library for examination and
reference, and a duplicate thereof shall be filed in the clerk^a
office in each county wherein any of such lands or interests pro-
posed to be taken are located. Such examinations and surveys
may be ordered and directed by the president or board of trustees
of such college. A majority of the trustees shall determine upon
the construction of such water-works and the plans thereof, and
order contracts therefor to be made by such officers of the college
as may be designated.
4. If any such college shall be unable to agree upon such terms
of purchase of any such property, right or easements, before or
after plans shall be determined upon, it may, after such plans
have been adopted, acquire the same by condemnation, according
to the provisions of the condemnation law.
5. When any such college has constructed and completed water-
works, as above provided, it may, by a majority of its trustees, de-
termine upon and construct a sewer system; it may connect the
same with the sewer system of the village or city in or near which
said college is situated, if such connection is practicable. Exam-
ination, sun^eys and a map may be made as above provided.
Lands and easements may be acquired by purchase, as above pro-
vided, and in case such acquisition can not be made by purchase
then they may be acquired by condemnation, according to the pro-
visions of the condemnation law.
ARTICLE 4
Commissioner of Education
Section 00. Commissioner of education continued.
91. How chosen.
92. Term of office.
93. Salary.
94. General powers and duties.
24: NEW YORK STATE EDUCATION DEPARTMENT
Section 95. Removal of school officers; withholding public money.
96. Other powers.
97. Schools of union free school districts and cities.
98. Reports of school officers.
99. County clerk and county treasurers to forward certain
reports. [Added by L. 1911, ch. 159.]
§ 90. Commissioner of education continued. The
office of commissioner of education is hereby continued.
§ 91. How chosen. 1. The commissioner of education shall
be elected by a majority vote of the regents.
2. Such commissioner may be elected without regard to the
place of his residence whether it be within or without the state of
New York.
§ 92. Term of office. The commissioner of education shall
serve during the pleasure of the board of regents.
§ 93. Salary. The salary of such commissioner shall be
seven thousand five hundred dollars per annum, payable monthly,
and he shall also be paid one thousand five hundred dollars in lieu
and in full for his traveling and other expenses which shall also be
payable monthly.
§ 94. General powers and duties. The commissioner of
education is hereby charged with the following powers and
duties :
1. He is the chief executive officer of the state system of educa-
tion and of the board of regents. He shall enforce all general
and special laws relating to the educational system of the state
and execute all educational policies determined upon by the board
of regents.
2. He shall have general supervision over all schools and insti-
tutions which are subject to the provisions of this act, or of any
statute relating to education, and shall cause the same to be ex-
amined and inspected, and shall advise and guide the school
officers of all districts and cities of the state in relation to their
duties and the general management of the schools under their
control.
3. He shall have general supervision of industrial schools, trade
schools and schools of agriculture, mechanic arts and home
making; he shall prescribe regulations governing the licensing of
the teachers employed therein; and he is hereby authorized, em-
powered and directed to provide for the inspection of such schools,
EDUCATION' LAW 25
to take necessary action to make effectual the provisions therefor,
and to advise and assist boards of education in the several cities
and school districts in the establishment, organization and man-
agement of such schools.
4. He shall also have general supervision over the state normal
schools which have been, or which may hereafter be, established
as required by the provisions of this chapter.
5. He shall be ex officio a trustee of Cornell university.
6. He shall be responsible for the safe keeping and proper use
of the department and university seal and of the books, records
and other property in charge of the regents, and for the proper
administration and discipline of the various offices and divisions
of the education department.
7. He may annul upon cause shown to his satisfaction any cer-
tificate of qualification granted to a teacher by any authority
whatever or declare any diploma issued by a state normal school
ineffective and null as a qualification to teach a common school
within this state, and he may reconsider and reverse his action
in any such matter.
8. He shall cause to be prepared and keep in his office records
of all persons who have received, or shall receive, certificates of
qualification to teach or diplomas of the state normal schools, with
the dates thereof, and shall note thereon all annulments of such
certificates and diplomas, and reversals thereof, with the dates
and causes thereof, together with such other particulars as he
may deem expedient.
9. He shall cause to be prepared suitable registers, blanks,
forms and regulations for making all reports and conducting all
necessary business under this chapter, and shall cause the same,
with such information and instructions as he shall deem conducive
to the proper organization and government of the common schools
and the due execution of their duties by school officers, to be trans-
mitted to the officers and persons intrusted with the execution of
the same.
10. He may administer oaths and take affidavits concerning any
matter relating to the duties of his office or pertaining in any way
to the schools of the state or any part thereof.
11. He is hereby authorized to furnish, by means of pictorial
or graphic representations, additional facilities for instruction in
geography, history, science and kindred subjects, to the schools,
institutions and organizations under the supervision of the re-
26 IfEW YORK STATE' EDUCATION DEPARTMENT
gents. Material collected for this purpose may, under regents'
general rules, be lent for a limited time to responsible institutions
and organizations for the benefit of artisans, mechanics and other
citizens of the several communities of the state. He may from
time to time enter into contracts necessary for carrying out this
provision.
12. He shall also have and execute such further powers and
duties as he shall be charged with by the regents.
§ 95. Removal of school officers; withholding pub-
lic money. 1. Whenever it shall be proved to his satisfaction
. that any trustee, member of a board of education, clerk, collector,
treasurer, school commissioner, superintendent of schools or other
school officer has been guilty of any wilful violation or neglect of
duty under this chapter, or any other act pertaining to common
schools or other educational institution participating in state
funds, or wilfully disobeying any decision, order or regulation of
the regents or of the commissioner of education, said commis-
sioner may, by an order under his hand and seal, which order
shall be recorded in his office, remove such school officer from his
office.
2. Said commissioner of education may also withhold from any
district or city its share of the public money of the state for wil-
fully disobeying any provision of law or any decision, order or
regulation as aforesaid.
§ 96. Other powers. The commissioner of education shall
also have power and it shall be his duty to cause to be instituted
such proceedings or processes as may be necessary to properly
enforce and give effect to any provision in this chapter or in any
other general or special law pertaining to the school system of the
state or any part thereof or to any school district or city. He
shall possess the power and authority to likewise enforce any rule
or direction of the regents.
§ 97. Schools of union free school districts and
cities. The schools of every union free school district and of
every city in all their departments shall be subject to the visita-
tion of the commissioner of education. He is charged with the
general supervision of their boards of education and their man-
agement and conduct of all departments of instruction.
§ 98. Reports of school officers. The officers of the sev-
eral districts and cities of the state and all other school officers
shall make such reports and in such form from time to time in
relation to the schools under their management and supervision
3s the commissioner of education shall require.
EDUCATION LAW 27
§ 99. County clerk and county treasurers to for-
ward certain reports. 1. The county clerk of each county,
shall upon the requisition of the commissioner of education, tile
with such commissioner any reports of trustees of school districts
and boards of education or the abstract of such reports made by
school commissioners which have been filed in the office of such
county clerk pursuant to the provisions of the education law,
whenever it is necessary for the commissioner of education to
obtain information or data contained in official reports which
have been transmitted to the education department but which have
been destroyed by fire or otherwise.
2. The county treasurer of each county shall, upon the requi-
sition of the commissioner of education, forward to said commis-
sioner any original certificates relating to the apportionment of
school moneys which the commissioner of education has filed in
the office of such treasurer whenever it is necessary to obtain in-
formation on the apportionment of school moneys when the data
relating thereto in the office of the commissioner of education has
been destroyed by fire or otherwise. After securing such informa-
tion as may be necessary from such certificates, the commissioner
of education shall return the same to the treasurer of such county.
[Added hy L. 1911, ch. 159, in effect May 20, 1911.]
ARTICLE 5
School Districts
Section 120. Existing districts continued.
121. Formation of new district.
122. Number and description of districts.
123. Alteration by consent.
124. Alteration without consent.
125. Hearing of objections to order for alteration with-
out consent.
126. Dissolution or alteration of joint district.
127. Special meeting of joint district to act regarding
dissolution.
128. Dissolution by consent and consequent alteration of
districts.
129. Dissolution, re-formation and consolidation of
districts.
28 KEW YORK STATE EDUCATION DEPARTMENT
Section 130. Division of union free school district which contains
two incorporated villages.
131. Method and result of election.
132. Apportionment of indebtedness.
133. The bonded indebtedness of certain dissolved
districts.
134. Temporary attendance of pupils as before division.
135. Continuance of dissolved district for payment of
debts.
136. Deposits of records of dissolved district.
137. Property of districts- consolidated.
138. Sale of property of dissolved district and disposition
of proceeds.
139. Collection and distribution of moneys due dissolved
district.
140. Fees of supervisor and town clerk.
141. N'otice of meeting for establishment of union free
school district.
142. Posting, publication and service of notice.
143. Xotice in case of adjoining districts.
144. Expense of notice.
145. Proceedings at meeting and effect of affirmative
vote.
146. Meeting to determine regarding reorganization as
common school district.
14Y. Result of vote for or against reorganization.
148. Reversion to form of original school districts.
149. School commissioner may require equality of par-
tition.
150. Effect of veto by school commissioner regarding
subsequent meeting.
151. Report of proceedings to commissioner of education.
152. Distribution of moneys on dissolution.
153. School property exempt from taxation.
154. Application of funds obtained from sale of school
property.
§ 120. Existing districts continued. All school dis-
tricts organized either by special laws or pursuant to the pro-
visions of a general law are hereby continued and may be altered
or dissolved as herein provided.
EDUCATION LAW 29
§ 121. Formation of new district. 1. A district super-
intendent may organize a new school district out of the territory
of one or more school districts which are wholly within his super-
visory district, whenever the educational interests of the commu-
nity require it. If there is an outstanding bonded indebtedness
chargeable against the district or districts out of the territory of
which such new district is organized, the district superintendent
shall apportion said indebtedness between such new district and
the remaining portion of the district or districts out of which such
new district is organized, according to the assessed valuation
thereof, and the portion of the indebtedness so apportioned shall
become a charge for principal and interest upon the respective dis-
tricts as though the same had been incurred by said districts
separately.
2. The district superintendents of two or more adjoining super-
visory districts when public interests require it, may form a joint
school district out of the adjoining portions of their respective
districts. [Section thus amended by L. 1912, cli. 254.]
§ 122. Number and description of districts. 1. Each
school commissioner shall renumber the school districts of each
town in his commissioner district from time to time and shall
also number each new district and shall describe in metes and
bounds each of such school districts.
2. The order of a school commissioner forming or numbering a
school district and the written description thereof together with all
notices, orders, consents and proceedings relating to the formation
or alteration thereof shall be filed with the town clerk of the town
in which such district is located.
3. Every joint district shall bear the same number in every
school commissioner district of whose territory it is in part com-
posed.
§ 123. Alteration "by consent. With the written consent
of the trustees of all the districts to be affected thereby, the school
commissioner may make an order altering the boundaries of any
school district within his jurisdiction, and fix in such order a day
when the alteration shall take effect.
§ 124. Alteration without consent. If the trustees of
any district affected thereby refuse to consent, the school commis-
sioner may make and file with the town clerk his order making
the alteration, but reciting the refusal, and directing that the order
shall not take effect until a day therein to be named, and not less
than three months after the date of such order.
so NEW YORK STATE EDUCATION DEPARTMENT
§ 125. Hearing of objections to order for alter-
ation -without consent. 1. Within ten days after making
and filing such order the school commissioner shall give at least a
week's notice in writing to the trustees of all districts affected hy
the proposed alterations, that at a specified time, and at a named
place within the town in which one of the districts to he affected
lies, he will hear the objections to the alteration.
2. The trustees of any district to be affected by such order may
request the supervisor and town clerk of each of the towns, within
which such districts shall wholly or partly lie, to be associated
with the school commissioner.
3. At the time and place mentioned in the notice, such commis-
sioner, with the supervisors and town clerks, if they shall attend
and act, shall hear and decide the matter, and the decision shall
be final unless duly appealed from. Such decision must either
aflSrm or vacate such order, and must be filed with and recorded
by the town clerk of the town in which the district to be affected
shall lie, and a tie vote shall be regarded a decision for the pur-
poses of an appeal on the merits. Upon such appeal the commis-
sioner of education may affirm, modify or vacate the order of the
school commissioner or the action of the local board.
§ 126. Dissolution or alteration of joint district.
The majority of the school commissioners within whose districts
any joint school district lies may make an order at a meeting
duly called by one of such commissioners altering or dissolving
such district.
§ 127. Special meeting of joint district to act re-
garding dissolution. 1. If a school commissioner, by
notice in writing, shall require the attendance of the other school
commissioners, at a joint meeting for the purpose of altering or
dissolving a joint district, and a majority of all the commissioners
shall refuse or neglect to attend, such commissioners attending, or
any one of them, may call a special meeting of such school district
for the purpose of deciding whether such district shall be dis-
solved.
2. If such special meeting shall vote to dissolve the district the
school commissioner who called such meeting may make an order
dissolving the district and shall recite in such order the refusal or
neglect of the other school commissioners, his call of the special
meeting and the action taken at such meeting.
§ 128. Dissolution by consent and consequent alter-
ation of districts. 1. A school commissioner may dissolve
EDUCATION LAW 31
one or more common school districts upon the written consent of
the trustees of all the districts to be affected. When one or more
of such districts adjoin a union free school district whose limits do
not correspond with those of an incorporated village or city, he
may annex the territory of such dissolved districts to such union
free school district.
2. A school commissioner on the written consent of the boards
of education of the districts affected may also dissolve a union
free school district when it adjoins another union free school dis-
trict and annex the territory of such dissolved district to such
other union free school district.
§ 129. Dissolution, re-formation and consolida-
tion of districts. Any school commissioner may dissolve one
or more districts, and may from such territory form a new dis-
trict; he may also unite such territory or a portion thereof to
any adjoining school district, except a union free school district
whose boundaries are coterminous with the boundaries of an in-
corporated village or city.
§ 130. Division of union free school district
ivhicli contains two incorporated villages. [Repealed
hy L. 1911, ch. 334, in effect June 15, 1911.]
§ 131. Method and result of election. [Repealed hy L.
1911, ch. 334, in effect June 15, 1911.]
§ 132. Apportionment of indebtedness. [Repealed hy
L. 1911, ch. 334, in effect June 15, 1911.]
§ 133. The bonded indebtedness of certain dissolved
districts. Whenever two or more districts are dissolved pur-
suant to the provisions of section one hundred and twenty-eight
of this article and annexed to adjoining districts the bonded in-
debtedness of any such district shall thereupon become a charge
upon the enlarged district formed by such annexation. The board
of education of such district shall raise by tax an amount suffi-
cient to pay any of the bonds and interest thereon of such district
as the same shall become due.
§ 134. Temporary attendance of pupils as before
division. [Repealed hy L. 1911, ch. 334, in effect June 15,
1911.]
§ 135. Continuance of dissolved districts for pay-
ment of debts. Though a district be dissolved, it shall con-
tinue to exist in law, for the purpose of providing for and paying
all its just debts; and to that end the trustees and other officers
shall continue in office, and the inhabitants may hold special
32 KEW YORK STATE EDUCATION DEPARTMENT
meetings, elect officers to supply vacancies and vote taxes; and
all other acts necessary to raise money and pay such debts shall
be done by the inhabitants and officers of the district.
§ 136. Deposit of records of dissolved district. 1.
The school commissioner, or a majority of such commissioners
in whose districts a dissolved school district was situated, shall by
written order delivered to the clerk of the district, or to any per-
son in whose possession the books, papers and records of the dis-
trict, or any of them, may be, direct such clerk or other person
to deposit the same in the clerk's office in the town named in the
order.
2. Such clerk or other person, by neglect or refusal to obey the
order, shall forfeit fifty dollars, to be applied to the benefit of the
common schools of said town.
§ 137. Property of districts consolidated. When
two or more districts shall be consolidated into one, the new dis-
trict shall succeed to all the rights of property possessed by the
annu'Sed districts.
§ 138. Sale of property of dissolved district and
disposition of proceeds. 1. When a district is divided into
portions, which are annexed to other districts, its property shall
be sold by the supervisor of the town, within which its school-
house is situated, at public auction, after at least five days' notice.
2. Such notice shall be given by posting the same in three or
more public places of the town in which the school-house is situ-
ated and in one conspicuous place in the district so dissolved.
3. The supervisor, after deducting the expenses of the sale, shall
apply its proceeds to the payment of the debts of the district, and
apportion the residue, if any, among the owners or possessors of
taxable property in the district, in the ratio of their several assess-
ments on the last corrected assessment-roll of the towns, and pay
it over accordingly.
§ 139. Collection and distribution of moneys due
dissolved district. The supervisor of the town within
which the school-house of the dissolved district was situated may
demand, sue for and collect, in his name of office, any money of
the district outstanding in the hands of any of its former officers,
or any other person; and, after deducting his costs and expenses,
shall report the balance to the school commissioner who shall ap-
portion the same equitably among the districts to which the parts
EBITCATION LAW 33
of the dissolved district were annexed, to be by them applied as
their district meeting shall determine.
§ 140. Fees of supervisor and toivn clerk. The
supervisor and town clerk shall be entitled each, to one dollar and
fifty cents a day, for each day's service in any proceeding under
section one hundred twenty-five of this article, to be levied and
paid as a charge upon their town.
§ 141. Notice of meeting for establislinient of
union free school district. 1. Whenever fifteen persons
entitled to vote at any meeting of the inhabitants of any school dis-
trict in the state, shall sign a request for a meeting, to be held for
the purpose of determining whether a union free school shall be
established therein in conformity with the provisions of this ar-
ticle, it shall be the duty of the trustees of such district, within
ten days after such request shall have been presented to them, to
give public notice that a meeting of the inhabitants of such dis-
trict entitled to vote thereat will be held for such purpose as afore-
said, at the sehool-house, or other more suitable place in such dis-
trict, on a day and at an hour to be specified in such notice not
less than twenty nor more than thirty days after the publication
of such notice.
2. If the trustees shall refuse to give such notice, or shall neg-
lect to give the same for twenty days, the commissioner of educa-
tion may authorize and direct any inhabitant of such district to
give the same.
§ 142. Posting, publication and service of notice.
1. Whenever such district shall correspond wholly or in part
with an incorporated village, in which there- shall be published a
daily or weekly newspaper, the notice required in section one hun-
dred and forty-one shall be given by posting the same in five con-
spicuous places in said district, at least twenty days prior to such
meeting, and by causing the same to be published once a week for
three consecutive weeks before such meeting, in all the newspapers
published in said district.
2. In other districts the said notice shall be given by posting
the same as aforesaid, and in addition thereto, the trustees of such
district shall authorize and require any taxable inhabitant thereof
to notify every other qualified voter in such district of such meet-
ing by delivering to him a copy of such notice or in case of his
absence from home, by leaving a copy thereof, or so much thereof
as relates to the time, place and object of the meeting, at the place
34 NEW YORK STATE EDUCATION DEPARTMENT
of his abode at least twenty days prior to tlie time of such
meeting.
§ 143. Notice in case of adjoining districts. 1.
Whenever fifteen persons, entitled as aforesaid, from each of two
or more adjoining districts, shall unite in a request for a meeting
of the inhabitants of such districts, to determine whether such
districts shall be consolidated by the establishment of a union free
school therein, it shall be the duty of the trustees of such districts,
or a majority of them, to give public notice of such meeting, at
some convenient place within such districts, and as central as may
be, within the time and to be published and served in the manner
set forth in sections one hundred forty-one and one hundred
forty-two of this article, in each of such districts.
2. The commissioner of education may order such meeting
under the conditions and in the manner prescribed in section one
hundred forty-one of this article.
§ 144. Expense of notice. The reasonable expense of the
publication and service of such notice, shall be chargeable upon
the district, in case a union free school is established by the meet-
ing, so convened, to be levied and collected by the trustees, as in
case of taxes now levied for school purposes ; but in the event that
such union free school shall not be established, then the said ex-
pense shall be chargeable upon the inhabitants signing the request,
jointly and severally, to be sued for, if necessary, in any court hav-
ing jurisdiction of the same.
§ 145. Proceedings at meeting and effect of affirm-
ative vote. 1. x\n5^ such meeting held pursuant to the fore-
going provisions shall be organized by the election of a chair-
man and clerk and may be adjourned from time to time,
by a majority vote, provided that such adjournment shall
not be for a longer period than ten days; and whenever at
any such meeting duly called and held under the provisions
of sections one hundred forty-one and one hundred forty-
two of this article, at least fifteen qualified voters
of the districts shall be present; or at such meeting duly called
and held under the provisions of section one hundred forty-three
of this article, at least fifteen qualified voters of each of the two
or more adjoining districts, joining in the request, shall be
present, such meeting may, by the affirmative vote of a majority
present and voting, adopt a resolution to establish a union free
school in said district, or to consolidate the two or more adjoining
districts by establishing a union free school in said districts pur-
EDUCATION LAW 35
suant to the notice of said meeting. If said meeting shall deter-
mine to establish a union free school in said districts as afore-
said, it shall be lawful for such meeting thereafter to proceed to
the election of a board of education as provided in sections three_
hundred and one and three hundred and two of this chapter.
2. The school commissioner in whose district the union free
school district is thus organized shall designate snch district as
union free school district number .... of the town of
and the said board shall have the name and style of the board of
education of (adding the designation aforesaid).
3. Copies of said request, notice of meeting, order of the com-
missioner of education directing some inhabitant to call said meet-
ing, if any, and minutes of said meeting, duly certified by the
chairman and clerk thereof, shall be transmitted and deposited,
immediately after such meeting by one of such officers, one to
and with the town clerk, one to and with the school commissioner
in whose jurisdiction said districts are located, and one to and
with the commissioner of education.
4. If at any such meeting, the question as to the establishment
of a imion free school shall not be decided in the affirmative, as
aforesaid, then all further proceedings at such meeting, except a
motion to reconsider or adjourn, shall be dispensed with, and no
such meeting shall be again called within one year thereafter.
5. When any such meeting shall have established a union free
school in said districts, such union free school district shall not be
dissolved within the period of one year from the first Tuesday
of August next after such meeting.
§ 146. Meeting to determine regarding reorgani-
zation as common school districto In any union free
school district established under the laws of this state, and which
shall have been established for the period of one year or more, it
shall be the duty of the board of education, upon the application
of fifteen resident taxpayers of such district, to call a special
meeting in the manner prescribed by law, for the purpose of de-
termining whether application shall be made in the manner here-
inafter provided, for the dissolution of such union free school
district, and for its reorganization as one or more common school
districts.
§ 147. Result of vote for or against reorganization.
I. Whenever, at any such meeting called and held as aforesaid, it
shall be determined by a majority vote of the legal voters present
2
36 NEW YORK STATE EDUCATION DEPARTMENT
and voting, to be ascertained bj taking and recording the ayes
and noes, not to dissolve such union free school district, no other
meeting for a similar purpose shall be held in said district within
three years from the time the first meeting was held.
2. Whenever at any such meeting called and held as aforesaid
it shall be determined by a two-thirds vote of the legal voters pres-
ent and voting, to be ascertained by taking and recording the ayes
and noes, to dissolve such union free school district, it shall be
the duty of the board of education to present to the school com-
missioner of the commissioner district in which said union free
school is situated, a certified copy of the call, notice and proceed-
ings. If such school commissioner shall approve the proceedings
of said meeting, he shall certify the same to the board of educa-
tion. Such approval shall not take effect until the day preceding
the first Tuesday of August next succeeding; but after that date
such district shall cease to be a union free school district.
§ 148. Reversion to form of original school dis-
tricts. If any union free school district dissolved under the
foregoing provisions shall have been established by the consolida-
tion of two or more districts, it shall be lawful for such school
commissioner to order that its territory be divided into two or
more districts, to correspond, so far as practicable, with the dis-
tricts theretofore consolidated.
§ 149. School commissioner may require equality
of partition. Such school commissioner may make his ap-
proval of the proceedings of any such meeting held as aforesaid
conditional upon the payment, by the district which has been
most greatly benefited by the consolidation in the way of buildings
and other improvements to the other districts into which the said
union free school district is divided, of such sum of money as he
may deem equitable.
§ 150. Effect of veto by school commissioner re-
garding subsequent meeting. If such school commis-
sioner shall not approve the proceedings of any such meeting, held
as aforesaid, for the purpose of dissolving a union free school
district, no other meeting shall be held in such district, for a
similar purpose, within three years from the time the first meet-
ing was held.
§ 151. Report of proceedings to commissioner of
education. Whenever the proceedings of a meeting, held as
aforesaid, for the purpose of dissolving a union free school dis-
trict, shall have been approved by such school commissioner and
EDUCATION LAW 37
shall have been certified by him to the board of education, it shall
be the duty of the board of education of the district affected forth-
with to file with the commissioner of education, copies of the
call, notice, proceedings of the meeting, and the action taken-bj
such school commissioner thereon.
§ 152. Distribution of moneys on dissolution. All
moneys remaining in the hands of the treasurer of the union
free school district when the order of dissolution shall take effect
shall be apportioned equitably among the several districts into
which such union free school district is divided, and shall be paid
over to the collectors or treasurers of such districts when they shall
have been elected and have qualified according to law.
§ 153. School property exempt from taxation. The
grounds, buildings, furniture, books, apparatus and all other prop-
erty of a school district shall not be subject to taxation for any
purpose.
§ 154. Application of funds obtained from sale of
school property. All moneys obtained from the sale of any
school property authorized under the provisions of this chapter
shall be applied for the benefit of the district as directed by the
voters thereof in any annual or special meeting.
ARTICLE 6
School N'eig'liborlioods
Section 170. Setting off school neighborhoods.
171. Neighborhood meetings.
172. Duties of neighborhood clerk and trustee.
§ 170. Setting off school neighborhoods. Each school
commissioner in respect to the territory within his district shall
have power, with the approval of the commissioner of education,
to set off by itself any neighborhood adjoining any other state
of the union, where it shall be found most convenient for the
inhabitants to send their children to a school in such adjoining
state, and to deliver to the town clerk of the town in which it lies,
in whole or in part, a description of each such separate neighbor-
hood. He shall also prepare a notice, describing such neighbor-
hood, and appointing a time and place for the first neighborhood
meeting, and deliver such notice to a taxable inhabitant of such
neighborhood. It shall be the duty of such inhabitant to notify
every other inhabitant of the neighborhood, qualified to vote at
38 JS"EW YORK STATE EDUCATION DEPARTMENT
the meeting, bj reading the notice in his hearing, or, in case of
his absence from home, by leaving a copy thereof, or so much
thereof as relates to the time, place and object of the meeting, at
the place of his abode, at least six days before the time of the
meeting. In case such meeting shall not be held, and in the
opinion of the school commissioner it shall be necessary to hold
such meeting before the time herein fixed for the first annual
meeting, he shall deliver another such notice to a taxable inhab-
itant of the neighborhood, who shall serve it as hereinbefore
provided.
§ 171. Neighborlioocl meetings. The annual meeting of
each neighborhood shall be held on the first Tuesday of August in
each year, at the hour and place fixed by the last previous neigh-
borhood meeting; or, if such hour and place has not been so
fixed, then at the hour and place of such last meeting; or,
if such place be no longer accessible, then at such other place as
the trustee, or, if there be no trustee, the clerk, shall in the notices
designate. The proceedings of no neighborhood meeting, annual
or special shall be held illegal for want of a due notice to all the
persons qualified to vote thereat, unless it shall appear that the
omission to give such notice was wilful and fraudulent. The
inhabitants of any neighborhood, entitled to vote, when assembled
in any annual meeting or any special meeting called by the com-
missioner as above provided, shall have power, by a majority vote
of those present, to appoint a chairman for the time being, and to
choose a neighborhood clerk and one trustee, and to fill vacancies
in office. The provisions of article seven of this chapter, shall
apply to and govern such meeting, so far as the same can in sub-
stance be applied to the proceedings ; and the provisions of article
eight of this chapter shall apply to and govern the officers of such
neighborhood, so far as the same can in substance be applied
thereto.
§ 172. Duties of neighborhood clerk and trustee.
The neighborhood clerk shall keep a record of the proceedings
of his neighborhood, and of the reports of the trustees, and de-
liver the same to his successor. In case such neighborhood shall
be annexed to a district within this state its records shall be filed
in the office of the clerk of such district. The trustee shall, be-
tween the twenty-fifth day of July and the first day of August
in every year, make his annual report to the school commissioner,
and file it in the office of the clerk of the town of which the neigh-
borhood is a part. Such report shall specify the whole amount of
EDUCATION LAW 39
public moneys received during the year and from what public
officer, and the manner in which it was expended ; the whole num-
ber of such children as can be included in the district trustees'
report residing in the neighborhood on the thirtieth day of Augus^
prior to the making of such report; and any other matters which
the commissioner of education may require.
ARTICLE 7
District Meeting's
Section 190. !N'otice of first meeting of district.
191. Service of notice of first meeting of district.
192. Second notice of first meeting of district.
193. !N'otice of annual meeting.
194. Time and place of annual meeting.
195. Annual meetings of districts re-formed after dissolu-
tion.
196. Special meeting to transact business of annual meet-
ing.
197. Special meetings in common school districts.
198. Special meetings in union free school ^district.
199. Call of special district meeting by school commis-
sioner.
200. Effect of want of due notice of district meetings.
201. Penalty for failure to serve notice.
202. Duty to attend district meetings.
203. Qualifications of voters at district meetings.
204. Declaration in case of challenge of voter.
205. Penalty for false declaration or unauthorized vote.
206. Powers of voters.
20'7. Vote on proposition to expend money.
§ 190. Notice of first meeting; of district. Wlien-
ever any school district shall be formed, the school commissioner
or any one or more of such commissioners, within whose districts
it may be, shall prepare a notice describing such district, and
appointing a time and place for the first district meeting, and
deliver such notice to a taxable inhabitant of the district.
§ 191. Service of notice of first meeting of district.
It shall be the duty of such inhabitant to notify every other in-
habitant of the district qualified to vote at the meeting, by
* Sq i|i original.
40 NEW YORK STATE EDUCATION DEPARTMENT
delivering to him a copy of the notice of such meeting, or in case
of his absence from home, by leaving a copy thereof, or so much
thereof as relates to the time, place and object of the meeting, at
the place of his abode, at least six days before the time of the
meeting.
§ 192. Second notice of first meeting of district.
In case such meeting shall not be held, and in the opinion of the
school commissioner it shall be necessary to hold such meeting,
before the time herein fixed for the first annual meeting, he shall
deliver another such notice to a taxable inhabitant of the district,
who shall serve it as provided in section one hundred and ninety-
one.
§ 193. Notice of annual meeting. 1. The district clerk
of each common school district shall give notice of the time and
place of the annual meeting by posting five notices of such meet-
ing in ^ve conspicuous places in the district five days previous to
the date of such meeting. One of such notices must be posted
on the front door of the school-house.
2. The clerk of each union free school district shall give notice
of the time and place of the annual meeting by publishing a
notice once in each week for the four weeks next preceding such
district meeting, in two newspapers if there shall be two, or in one
newspaper if there shall be but one, published in such district.
But if no newspaper shall then be published therein, the said
notice shall be posted in at least twenty of the most public places
in said district twenty days before the time of such meeting.
§ 194. Time and place of annual meeting. The an-
nual meeting of each school district shall be held on the first Tues-
day of May in each year, and, unless the hour and place
thereof shall have been fixed by a vote of a previous district
meeting, the same shall be held in the school-house at seven-thirty
o'clock in the evening. If a district possesses more than one
school-house, it shall be held in the one usually employed for that
purpose, unless the trustees designate another. If the district
possesses no school-house, or if the school-house shall not be acces-
sible, then the annual meeting shall be held at such place as a trus-
tee, or, if there be no trustee, the clerk, shall designate in the
notice. (Thus amended by L. 1910, ch. 442, in effect Septem-
ber 1, 1910.)
EDUCATION LAW 41
§ 195. Annual meetings of districts re-formed
after dissolution. The districts formed by the dissolution
of a union free school district, as provided in sections one hun-
dred and twenty-nine and one hundred and thirty of this chapter^
shall hold their annual meetings on the first Tuesday of August
next after the dissolution of such union free school district, and
shall elect officers as now required by law.
§ 196. Special meeting to transact business of an-
nual meeting. Whenever the time for holding the annual
meeting in school districts shall pass without such meeting being
held in a district, a special meeting shall thereafter be called by
the trustees or by the clerk of such district for the purpose of
transacting the business of the annual meeting; and if no such
meeting be called by the trustees or the clerk within ten days after
such time shall have passed, the school commissioner of the com-
missioner district in which said school district is situated or the
commissioner of education may order any inhabitant of such dis-
trict to give notice of such meeting in the manner provided in sec-
tion one hundred ninety-one, and the officers of the district shall
make to such meeting the reports required to be made at the an-
nual meeting, subject to the same penalty in case of neglect; and
the officers elected at such meeting shall hold their respective
offices only until the next annual meeting and until their suc-
cessors are elected and shall have qualified.
§ 197. Special meetings in common school districts.
1. A special district meeting shall be held whenever called by the
trustees. The notice thereof shall state the purposes for which it
is called, and no business shall be transacted at such special meet-
ing, except that which is specified in the notice; and the district
clerk, or, if the office be vacant, or the clerk be sick or absent, or
shall refuse to act, a trustee, or some taxable inhabitant, by order
of the trustees, shall serve the notice upon each inhabitant of the
district qualified to vote at district meetings, at least six days be-
fore the day of the meeting, in the manner prescribed in section
one hundred ninety-one.
2. The inhabitants of a district may, at any annual meeting,
adopt a resolution prescribing some other mode of giving notice
of special meetings, which resolution and the mode prescribed
thereby shall continue in force until rescinded or modified at some
subsequent annual meeting.
42 NEW YORK STATE EDUCATION DEPARTMENT
§ 198. Special meetings in union free school dis-
tricts. 1. Boards of education shall have power to call special
meetings of the inhabitants of their respective districts whenever
they shall deem it necessary and proper, in the manner prescribed
in subdivision two of section one hundred and ninety-three of this
chapter.
2. In union free school districts whose limits correspond with
those of any incorporated village or city, the boards of education
shall have power to call special meetings of the inhabitants of
their respective districts for the purposes mentioned in section
four hundred and sixty-seven in the manner prescribed in said
subdivision two of section one hundred and ninety-three.
§ 199. Call of special district meeting by school
commissioner. When the clerk and all the trustees of a
school district shall have removed from the district, or their office
shall be vacant, so that a special meeting can not be called, as
hereinbefore provided, the school commissioner may in like man-
ner give notice of, and call a special district meeting.
§ 200. Effect of want of due notice of district
meetings. The proceedings of no district meeting, annual or
special, shall be held illegal for want of a due notice to all the per-
sons qualified to vote thereat, unless it shall appear that the omis-
sion to give such notice was wilful and fraudulent.
§ 201. Penalty for failure to serve notice. Every
taxable inhabitant, to whom a notice of any district meeting shall
be delivered for service pursuant to any provisions of this article,
who shall refuse or neglect to serve the same, as hereinbefore
prescribed, shall forfeit five dollars for the benefit of the district.
§ 202. Duty to attend district meetings. Whenever
any district meeting shall be duly called, it shall be the duty of
the inhabitants qualified to vote thereat, to assemble at the time
and place fixed for the meetinc,'.
§ 203. Qualifications of voters at district meetings.
A person shall be entitled to vote at any school meeting for the
election of school district officers, and upon all other matters which
may be brought before such meeting who is:
• 1. A citizen of the IJnited States.
2. Twenty-one years of age,
3. A resident within the district for a period of thirty days
next preceding the meeting at Avhich he offers to vote ; and who in
addition thereto possesses one of the following four qualifications:
EDUCATION LAW 43
a. Owns or hires, or is in the possession under a contract of
purchase of real property in such district liable to taxation for
school purposes, or
b. Is the parent of a child of school age, provided such child_
shall have attended the district school in the district in which
the meeting is held for a period of at least eight weeks during
the year preceding such school meeting, or
c. Not being the parent, has permanently residing with him
a child of school age who shall have attended the district school
for a period of at least eight weeks during the year preceding
such meeting, or
d. Owns any personal property, assessed on the last preceding
assessment-roll of the town, exceeding fifty dollars in value, exclu-
sive of such as is exempt from execution.
'No person shall be deemed to be ineligible to vote at any such
meeting, by reason of sex, who has the other qualifications re-
quired by this section.
§ 204. Declaration in case of challenge of voter.
If a person offering to vote at any school district meeting shall
be challenged as unqualified, by any legal voter in such district,
the chairman presiding at such meeting shall require the person
so offering, to make the following declaration : " I do declare and
affirm that I am, and have been, for the thirty days last past, an
actual resident of this school district and that I am qualified to
vote at this meeting.'' And every person making such declaration
shall be permitted to vote on all questions proposed at such meet-
ing; but if any person shall refuse to make such declaration, his
vote shall be rejected.
§ 205. Penalty for false declaration or unauthor^
ized vote. A person who shall wilfully make a false declara-
tion of his right to vote at a school meeting, after his right to
vote thereat has been challenged, shall be deemed guilty of a mis-
demeanor. And a person not qualified to vote at such meeting,
who shall vote thereat, shall thereby forfeit ten dollars, to be sued
for by the supervisor for the benefit of the common schools of the
town.
§ 206. Powers of voters. The inhabitants entitled to vote,
when duly assembled in any district meeting, shall have power,
by a majority of the votes of those present:
1. To appoint a chairman.
2. To appoint a clerk for the time if the district clerk is absent.
44: XEW YOEK STATE EDUCATION DEPARTMENT
3. To adjourn from time to time as occasion may require.
4. To elect one or three trustees as hereinafter provided, a dis-
trict clerk and a district collector, and in any district which shall
so determine, as hereinafter provided, to elect a treasurer, at their
first meeting, and so often as such offices or any of them become
vacated, except as hereinafter provided.
5. At the first meeting, or at any subsequent annual meeting,
or at any special meeting duly called for that purpose, the quali-
fied voters of any school district are authorized to adopt by a vote
of a majority of such voters present and voting, to be ascertained
by taking and recording the ayes and noes, a resolution to elect
a treasurer of said district, who shall be the custodian of all
moneys belonging to said district, and the disbursing officer of
such moneys. If such resolution shall be adopted, such voters
shall thereupon elect by ballot a treasurer for said district. Any
person elected treasurer at any meeting other than an annual
meeting, shall hold office until the next annual meeting after such
election, and until his successor shall be elected or appointed,
and thereafter a treasurer shall be elected at each annual meet-
ing for the term of one year. (Thus amended hy L. 1910, cJi,
442, in effect September 1, 1910.)
6. To fix the amount in which the collector and treasurer shall
give bonds for the due and faithful performance of the duties of
their offices.
7. To designate a site for a school-house, or, w^ith* the consent
of the school commissioner within whose district the school dis-
trict lies, to designate sites for two or more school-houses for 'the
district. Such designation of a site for a school-house can be
made only at a special meeting of the district, duly called for
such purpose by a written resolution in which the proposed site
shall be described by metes and bounds, and which resolution must
receive the assent of a majority of the qualified voters present and
voting, to be ascertained by taking and recording the ayes
and noes.
8. To vote a tax upon the taxable property of the district to
purchase, lease and improve such sites or an addition to such sites ;
to hire or purchase rooms or buildings for school-rooms or school-
houses, or to build school-houses ; and to keep in repair and fur-
nish the same w^ith necessary fuel, furniture and appurtenances.
9. To vote a tax, not exceeding twenty-five dollars in any one
year, for the purchase of maps, globes, blackboards and other
tDUCATIO^ LAW 45
school apparatus, and for the purchase of text-books and other
school necessaries for the use of poor scholars of the district.
10. To vote a tax for the establishment of a school library ^nd
the maintenance thereof, or for the support of any school library
already owned by said district, and for the purchase of books
therefor, and such sum as they may deem necessary for the pur-
chase of a book-case.
11. To vote a tax to supply a deficiency in any former tax
arising from such tax being, in whole or in part, uncollectible.
12. To authorize the trustees to cause the school-houses, and
their furniture, appurtenances and school apparatus to be insured
by any insurance company created by or under the laws of this
state, or any other insurance company authorized by law to trans-
act business in this state.
13. To alter, repeal and modify their proceedings, from time to
time, as occasion may require.
14. To vote a tax for the purchase of a book for the purpose of
recording their proceedings. ,
15. To vote a tax to replace moneys of the district, lost or
embezzled by district officers ; and to pay the reasonable expenses
incurred by district officers in defending suits or appeals brought
against them for their official acts, or in prosecuting suits or
appeals by direction of the district against other parties.
16. To vote a tax to pay whatever deficiency there may be in
teachers' wages after the public money apportioned to the district
shall have been applied thereto.
17. To vote a tax to pay and satisfy of record any judgments
nf a competent court which may have been or shall hereafter be
obtained in an action against the trustees of the district for unpaid
teachers' wages, where the time to appeal from said judgments
shall have lapsed, or there shall be no intent to appeal on the part
of such district, or the said judgments are or shall be of the court
of last resort.
18. Whenever any district shall have contracted with* the school
authorities of any city, or other school district for the
education therein of the pupils residing in such school district, or
whenever in any school district children of school age shall reside
30 remote from the school-house therein that they are practically
deprived of school advantages during any portion of the school
year, the inhabitants thereof entitled to vote are authorized to
46 NEW YORK STATE EDUCATION DEPARTMENT
provide, by tax or otherwise, for the conveyance of any or all
pupils residing therein to the schools of such city, or
district with which such contract shall have been made, or to the
school maintained in said district, and the trustees thereof may
contract for such conveyance when so authorized in accordance
with such rules and regulations as they may establish, and for
the purpose of defraying any expense incurred in carrying out
the provisions of this subdivision, they may if necessary use any
portion of the public money apportioned to such district as a
district quota.
§ 207. Vote on proposition to expend money. In
all propositions arising at said district meetings, involving the
expenditure of money, or authorizing the levy of taxes, the vote
thereon shall be by ballot, or ascertained by taking and recording
the ayes and noes of such qualified voters attending and voting
at such district meetings.
ARTICLE 8
School District Officers; General Provisions
Section 220. Ofiicers of district.
221. Qualifications of officers.
222. Ineligibility to office.
223. Oath of office.
224. Terms of office.
225. Terms of officers of newly created district.
226. Mimber of trustees; determination of change.
227. Election of officers.
228. Notice and acceptance of election.
229. Refusal of trustee to serve.
230. Penalty for refusal to serve or perform duty.
231. Eesignation of district officers.
232. Vacating office.
233. Filling vacancy in office of trustee.
234. Filling vacancy in office of clerk, collector or
treasurer.
235. Notice of appointment to fill vacancy and filing
thereof.
236. District records, books, et cetera, are district
property.
EDUCATION LAW 47
§ 220. Officers of district. 1. Each school district shall
have from one to three trustees as the district determines, a clerk,
a collector and if the district so decides a treasurer.
2. A union free school district shall have from three to nine
trustees as the district shall determine.
§ 221. Qualifications of officers. Every school district
officer must be able to read and write and must be a qualified
voter of the district.
§ 222. Ineligibility to office. 1. ]^o school commissioner
or supervisor is eligible to the office of trustee or member of a
board of education, and no trustee can hold the office of district
clerk, collector, treasurer or librarian.
2. A person removed from a school district office shall be in-
eligible to appointment or election to any district office for a period
of one year from the date of such removal.
3. ^N'ot more than one member of a family shall be a member
of the same board of education in any school district.
§ 223. Oath of office, '^o officer of a school district shall
be required to take the constitutional oath of office.
§ 224. Terms of office. 1. In a district having three or
more trustees the full term of office of trustee shall be three years,
but a trustee may be elected for one or two years as provided in
this chapter.
2. In a district having a sole trustee the term of office of trustee
shall be one year.
3. The term of office of all other district officers shall be one
year.
4. One year, within the meaning of this section, is a school year.
A school year shall be from August first until July thirty-first fol-
lowing. (Thus amended hy L. 1910, ch. 442, in effect September
1, 1910.)
§ 225. Terms of officers of newly created district.
The terms of all officers elected at the first meeting of a newly
created district shall expire on the first Tuesday of August, next
thereafter.
§ 226. Number of trustees; determination of
change. 1. At the first annual meeting next after the erection of
a district the electors shall determine, by resolution, whether the
district shall have one or three trustees ; and if they resolve to have
three trustees, shall elect the three for one, two and three years,
respectively, and shall designate by their votes for which term each
48 ISEW YORK STATE EDUCATION DEPARTMENT
3S elected ; thereafter in such district, one trustee shall be elected
at each annual meeting to fill the office of the outgoing trustee.
2. The electors of any district having three trustees shall have
power to decide at anv annual meeting by a majority vote of those
j»resent and voting, v^hether the district shall have a sole trustee
or three trustees. If they resolve to have a sole trustee, the trus-
tees in office shall continue in office until their terms of office shall
expire. No election of a trustee shall be had in the district until
the offices of such trustees shall become vacant by the expiration
of their terms of office or otherwise, and thereafter but one trus-
tee shall be elected for said district.
3. The electors of a district having but one trustee may deter-
mine at an annual meeting, by a two-thirds vote of the legal voters
present thereat, to have three trustees; and upon the adoption of
a resolution to that effect, shall proceed to elect three trustees or
such number as may be necessary to form a board of three trus-
tees, in the same manner as provided in this section for the elec-
tion of three trustees at the first annual meeting after the erection
of a district; and thereafter in such district, one trustee shall be
elected for three years, at each annual meeting, to fill the office of
the outgoing trustee.
§ 227. Election of officers. 1. All district officers shall
be elected by ballot and the trustees shall provide a suitable ballot
box for such purpose.
2. Two inspectors of election shall be appointed in such manner
as the meeting shall determine, who shall receive the votes cast,
canvass the same and announce the result of the ballot to the chair-
man.
3. A poll-list containing the name of every person whose vote
shall be received shall be kept by the clerk of the meeting.
4. The ballots shall be written or printed, or partly written and
partly printed, containing the name of the person voted for and
designating the office for which each is voted.
5. The chairman shall declare to the meeting the result of each
ballot, as announced to him by the inspectors, and the persons hav-
ing the majority of votes, respectively, for the several officers, shall
be elected.
§ 228. Notice and acceptance of election. 1. The
district clerk shall forthwith notify in writing each person elected
to office of his election and the date thereof.
EDUCATION LAW 49
2. Such person shall be deemed to have accepted the ofiSce,
unless within five days after the service of such notice, he shall
file his written refusal with the clerk. The presence of any such
j^crson at the meeting which elects him to office, shall be deemed
a sufficient notice to him of his election.
§ 229. Refusal of trustee to serve. A trustee who
publicly declares that he will not accept or serve in the office of
trustee, or refuses or neglects to attend three successive meetings
of the board, of which he is duly notified, without rendering a
good and valid excuse therefor to the other trustees vacates his
office by refusal to serve.
§ 230. Penalty for refusal to serve or perform duty.
1. Every person chosen or appointed to a school district office
and being duly qualified to fill the same who shall refuse to serve
therein shall forfeit the sum of five dollars.
2. Every person chosen or appointed to a school district office
and not refusing to accept the same who shall wilfully neglect or
refuse to perform any duty thereof shall by such neglect or refusal
vacate his office and also forfeit the sum of ten dollars.
3. The school commissioner of the commissioner district wherein
any such person resides may accept his written resignation of the
office, and the filing of such resignation and acceptance in the
office of the district clerk shall be a bar to the recovery of either
penalty under this section.
4. These penalties shall be for the benefit of the district for
which such officer was appointed or elected.
§ 231. Resignation of district officers. A school dis
trict officer may resign to a district meeting. Such officer shall
also be deemed to have resigned if he files a written rcsignatior
with the school commissioner of his district and such commissioner
endorses thereon his approval and files the same with the district
clerk.
§ 232. Vacating office. 1. A school district office becomcF
vacant by the death, resignation, refusal to serve, incapacity, re-
moval from the district or from office.
2. The collector or treasurer vacates his office by not executing
a bond to the trustees, as herein required.
2. A trustee or a member of a board of education vacates his
office by the acceptance of either the office of school commissioner
or supervisor.
50 NEW YORK STATE EDUCATION DEPARTMENT
§ 233. Filling vacancy in office of trustee. 1. A va-
cancy in the office of trustee in any district may be filled by
election within thirty days after it occurs. If not so filled the
school commissioner of the commissioner district, within which
the school-house or principal school-house of the district is situ-
ated, may appoint a competent person to fill it.
2. If a vacancy in the office of trustee in a union free school
district exists the commissioner of education may order a special
election for filling such vacancy. When such special election is
ordered the vacancy shall not be filled otherwise.
3. If such vacancy is supplied by a district meeting, it shall be
for the balance of the unexpired term; but when such vacancy
is supplied by appointment by a school commissioner it shall be
only until the next annual meeting of the district.
§ 234. Filling vacancy in office of clerk, collector
or treasurer. A vacancy in the office of clerk, collector or
treasurer, may be filled by appointment by the trustees of the dis-
trict, and the appointees shall hold their respective offices until the
next annual meeting of the district, and until their successors are
elected and have qualified.
§ 235. Notice of appointment to fill vacancy and
filing thereof. Every appointment to fill a vacancy shall be
forthwith filed, by the school commissioner or trustees making
it, in the office of the district clerk, who shall immediately give
notice of the appointment to the person appointed.
§ 236. District records, books, etc., are district
property. The records, books and papers belonging or apper-
taining to the office of any officer of a school district are hereby
declared to be the property of such district and shall be open for
inspection by any qualified voter of the district at all reasonable
hours, and any such voter may make copies thereof.
ARTICLE 9
District Clerk; Treasurer; Collector
Section 250. Duties of district clerk.
251. Duties of district treasurer.
252. Collector's bond.
253. Collector to disburse teachers' fund.
254. Clerk, treasurer and collector in union free school
district.
EDUCATION LAW 61
Section 255. Payments and reports by collector.
256. Liability of collector for moneys lost.
257. Eemedy of trustees against collector in default.
§ 250. Duties of district clerk. It shall be the duty ol
the clerk of each school district:
1. To record the proceedings of all meetings of the voters of
his district in a book to be provided for that purpose by the dis-
trict, and to enter therein true copies of all reports made by the
trustees to the school commissioner.
2. To give notice, in the manner prescribed by section one hun-
dred ninety-one, of the time and p^iace of holding special district
meetings called by the trustees.
3. To affix a notice in writing of the time and place of any
adjourned meeting, when the meeting shall have been adjourned
for a longer time than one month, in at least five of the most
public places of such district, at least five days before the time
appointed for such adjourned meeting.
4. To give the required notice of every annual district meeting.
5. To give notice immediately to every person elected or ap-
pointed to office of his election or appointment ; and also to report
to the town clerk of the town in which the school-house of his
district is situated, the names and post-office addresses of such
officers, under a penalty of five dollars for neglect in each instance.
6. To notify the trustees of every resignation duly accepted by
the school commissioner.
7. To keep and preserve all records, books and papers belonging
to his office and to deliver the same to his successor. For a refusal
or neglect so to do, he shall forfeit fifty dollars for the benefit of
the schools of the district, to be recovered by the trustees.
S. To obey the order of the school commissioners as to depositing
the books, papers and records of his office in the town clerk's office
in case the district shall be dissolved.
9. To attend all meetings of the board of trustees when notified,
and keep a record of their proceedings in a book provided for that
purpose.
10. To call special meetings of the inhabitants whenever all
the trustees of the district shall have vacated their office.
§ 251. Duties of district treasurer. 1. The treasurer
of a school district shall be the custodian of all moneys belonging
to the district from whatever source derived, and it is hereby
OZ jVEW YORK STATE EDUCATION DEPARTMENT
made the duty of the trustees of such district to pay to
such treasurer any and all moneys that may come into their hands
belonging to such district derived from sales of personal or real
property of the district, from insurance policies, from bonds of
the district issued and sold by them, or from any other source
whatever.
2. The collector of such district shall pay over to such treasurer
all moneys collected by him under and by virtue of any tax list
and warrant issued and delivered to him.
3. Such treasurer is hereby authorized and empowered to
demand and receive from the supervisor of the town in which such
school district is situated all public money apportioned to said
district.
4. It shall be the duty of such treasurer within ten days after
notice of his election to execute and deliver to the trustees of
such district, his bond in such sum as shall have been fixed by a
district meeting or as such trustees shall require, with at least
two sureties to be approved by such trustees, conditioned to faith-
fully discharge the duties of his office, and to well and truly
account for all moneys received by him, and to pay over any sums
of money remaining in his hands to his successor in office. Such
bond when so executed and approved in writing by such trustees
shall be filed with the district clerk.
5. 'No moneys shall be paid out or disbursed by such treasurer
except upon the written orders of a sole trustee, or a majority of
the trustees.
6. Such treasurer shall, whenever required by such trustees
report to them a detailed statement of the moneys received by
him, and his '^disbursments, and at the annual meeting of such
district he shall render a full account of all moneys received by
him and from what source, and when received, and all disburse-
ments made by him and to whom and the dates of such disburse-
ments respectively, and the balance of moneys remaining in his
hands.
§ 252. Collector's bond. 1. Within such time, not less
than ten days, as the trustees shall allow him for the purpose,
the collector, before receiving the first warrant for the collection of
money, shall execute a bond to the trustees, with one or more sure-
ties, to be approved by a majority of the trustees, in such amount
• * So in original.
EDUCATION LAW 53
as the district meeting shall have fixed, or if such meeting shall
not have fixed the amount then in such amount as the trustees
shall deem reasonable, conditioned for the due and faithful execu-
tion of the duties of his office.
2. The trustees, upon receiving said bond, shall, if they approve
thereof, indorse their approval thereon, and forthwith deliver the
same to the town clerk of the town in which said collector resides,
and said clerk shall file the same in his office, and enter in a book
to be kept bj him for that purpose, a memorandum, showing the
date of said bond, the names of the parties and sureties thereto,
the amount of the penalty thereof, and the date and time of filing
the same, and said town clerk is authorized to receive as a fee for
such filing and memorandum the sum of twenty-five cents, which
sum is hereby made a charge against the school district interested
in said bond.
§ 253. Collector to disburse teachers' fund. 1. The
trustees of a school district which has not a treasurer may direct
by resolution duly entered on the minutes of their proceedings the
collector of such district to disburse to teachers the money appor-
tioned by the state for teachers' salaries.
2. The collector shall thereupon execute a bond to the trustees,
with two or more sureties, in double the amount of the last appor-
tionment, with like condition of sureties, approval of trustees, and
amount and like directions as to filing as are required in the
preceding section for a bond for the collection of taxes, and con-
ditioned also for the due and faithful execution of the duties of
his office as such disbursing agent.
§ 254. Clerk, treasurer and collector in union free
school district. 1. In every union free school district the
board of education shall have power to appoint one of their num-
ber, or some other qualified voter in said district who is not a
teacher employed therein as clerk of the board of education of
such district.
2. Such clerk shall also act as clerk of said district, and shall
perform all the clerical and other duties pertaining to his office,
and for his services he shall be entitled to receive such compensa-
tion as shall be fixed at an annual meeting of such district.
3. In case no provision is made at an annual meeting for the
compensation of a clerk the board of education may fix the same.
4. Said board of education in every union free school district
whose limits do not correspond with those of an incorporated vil-
54 NEW YORK STATE EDUCATION DEPARTMENT
lage or city shall appoint a district treasurer, and a collector who
shall hold office during the pleasure of the board. The board shall
also fix the compensation of the treasurer.
5. Such treasurer and collector shall each, and within ten days
after notice in writing of his appointment, duly served upon him,
and before entering upon the duties of his office, execute and
deliver to the said board of education a bond, with such sufficient
penalty and sureties as the board may require, conditioned for
the faithful discharge of the duties of his office ; and in case such
bond shall not be given within the time specified, such office shall
thereby become vacant, and said board shall thereupon, by ap-
pointment, fill such vacancy.
6. So much of this section as relates to the election of a clerk
shall not apply to the towns of Cortlandt and White Plains in
Westchester county.
§ 255. Payments and reports by collector. 1. The
collector shall keep in his possession all moneys received or col-
lected by him by virtue of any warrant, or received by him from
the county treasurer or board of supervisors for taxes returned as
unpaid, or moneys apportioned by the state or raised by direct
taxation for teachers' wages or library, and pay the same out upon
the written order of a majority of the trustees.
2. When a treasurer shall have been elected in a district, the
collector shall pay over the moneys collected by him by virtue of his
warrant, to said treasurer as provided in section two hundred and
fifty-one; and he shall report in writing, at the annual meeting,
all his collections, receipts and disbursements, and shall report to
the supervisor on or before the first Tuesday of March in each
year the amounts of school moneys in his hands not paid out on
trustees' orders, and shall pay over to his successor in office, when
such successor has duly qualified and given a bond as required
by section two hundred and fifty-two, all moneys in his hands be-
longing to the district.
§ 256. liiability of collector for moneys lost. If
by the neglect of the collector any moneys shall be lost to a school
district, which might have been collected within the time limited
in the warrant delivered to him for their collection, he shall for-
feit to such district the amount of the moneys thus lost, and shall
account for and pay over the same to the trustees of such district,
in the same manner as if they had been collected.
EDUCATION LAW 55
§ 257. Remedy of trustees against collector in de-
fault. For the recovery of all such forfeitures, and of all bal-
ances, in the hands of the collector, which he shall have neglected
or refused to pay to his successor, or to the treasurer of such dis-_
tric't, the trustees, in their name of office, shall have their remedy
upon the official bond of the collector, or any action and any
remedy given by law ; and they sball apply all such moneys, when
recovered, in the same manner as if paid without suit.
ARTICLE 10
Trustees
Section 270. Trustees constitute a board and body corporate.
271. Property held by trustees as corporation.
272. Powers and duties of a sole trustee.
273. Mode of exercise of trustees' powers.
274. Powers of trustees when vacancies on board exist.
275. Powers and duties of trustees.
276. Trustees' annual report.
277. Annual report of trustees of certain joint district;^
278. Trustees' annual report to district.
279. Penalty for failure of trustee to account.
280. Payment by trustee to successor.
281. Trustees' right *to action against predecessors.
282. Notice of non-payment of moneys apportioned.
283. Taxation for expenses incurred by trustees.
284. Issuing order in excess of available funds a mis-
demeanor.
285. Trustees must not be interested in district contracts.
§ 270. Trustees constitute a board and body cor-
porate. The sole trustee or the trustees of a school district shall
constitute a board for sucb district and such board is hereby
created a body corporate.
§ 271. Property beld by trustees as corporation.
All property which is now vested in, or shall hereafter be trans-
ferred to the trustees of a district, for the use of schools in the
district, shall be held by them as a corporation.
§ 272. Po^vers and duties of a sole trustee. The sole
trustee of a district shall possess all the powers and be subject
* So in original.
56 2s'EW YORK STATE EDUCATION DEPARTMENT
to all the duties, liabilities and penalties which the law imposes
upon a board of three trustees.
§ 273. Mode of exercise of trustees' poivers. 1. The
powers committed by law to the trustees of a district must be ex-
ercised by them as a board. The board must meet for the trans-
action of business in accordance with notice of time and place.
2. In a board composed of three trustees, when two only meet
to deliberate upon any matter, and the third, if notified, does not
attend, or the three meet and deliberate thereon, the conclusion of
two upon the matter, and their order, act or proceeding in relation
thereto, shall be as valid as though it were the conclusion, order,
act or proceeding of the three; and a recital of the two in their
minute of the conclusion, act or proceeding, or in their order, act
or proceeding of the fact of such notice, or of such meeting and
deliberation, shall be conclusive evidence thereof.
3. A meeting of the board may be ordered by any member
thereof, by giving not less than twenty-four hours' notice of the
same.
§ 274. Poivers of trustees ivhen vacancies on board
exist. 1. While there is one vacancy in the office of trustee,
the two trustees shall have all the powers and be subject to all
the duties and liabilities of the three. And while there are two
such vacancies, the trustee in office shall have all the powers and
be subject to all the duties and liabilities of the three, as though
he were a sole trustee.
2. When a vacancy shall occur in the office of trustee, the
board shall immediately call a special meeting of the district
to supply such vacancy.
§ 275. Powers and duties of trustees. It shall be the
duty of the trustees of a school district, and they shall have power :
1. To call special meetings of the inhabitants of such districts
whenever they shall deem it necessary and proper.
2. To give notice of special, annual and adjourned meetings in
the manner prescribed in this chapter, if there be no clerk of the
district, or he be absent or incapable of acting, or shall refuse
to act.
3. To make out a tax-list of every district tax voted by a dis-
trict meeting, or authorized by law, which shall contain the names
of all the taxable inhabitants residing in the district at the time
of making out the list, and the amount of tax payable by each
inhabitant, as directed in article fifteen of this chapter.
EDUCATION LAW 57
4. To purchase or lease such school-house sites and to purchase
or build such school-houses as a district meeting may authorize;
and to hire temporarily such rooms or buildings as may be neces-
sary for school purposes. -
5. To have the custody and safe-keeping of the district school-
houses, their sites and appurtenances.
G. To insure the school buildings, furniture and school ap-
paratus in some company created by or under the laws of this state,
or in an insurance company authorized by law to transact business
in this state, and to comply with the conditions of the policy, and
raise by a district tax the amount required to pay the premiums
thereon.
7. To insure the school library in such a company in a sum
fixed by a district meeting, and to raise the premium by a dis-
trict tax, and comply with the conditions of the policy.
8. To contract with and employ as many legally qualified
teachers as the schools of the district require ; to determine the rate
of compensation and the term of the employrnent of each teacher
and to determine the terms of school to be held during each school
year.
9. To establish rules for the government and discipline of the
schools.
10. To prescribe the course of studies to be pursued in such
schools. Provisions shall be made for instructing pupils in all
schools supported by public money, or under state control, in physi-
ology and hygiene, with special reference to the effect of alcoholic
drinks, stimulants and narcotics upon the human system.
11. To pay, towards the wages of legally qualified teachers the
public moneys apportioned to the district for such purpose by giv-
ing them orders therefor on the supervisor, or on the collector or
treasurer of such district when duly qualified to receive and dis-
burse the same.
12. To collect by district tax an amount sufficient to pay any
judgment or the salaries of teachers for the current school year
after deducting from the aggregate amount required for this pur-
pose the amount of public money in the hands of the supervisor,
collector or treasurer applicable to the payment of teachers' salaries
and to pay the same by written orders on the collector or treasurer.
13. To draw upon the supervisor, the collector or treasurer,
when duly qualified to receive and disburse the same, for the
school moneys, by written orders signed by the sole trustee, or
58 NEW YORK STATE EDUCATION DEPARTMENT
where there are three trustees, signed by a majority of said trus-
tees as prescribed by subdivisions one and two of section three
hundred and sixty of this chapter.
14. To keep each of the school-houses under their charge, and
its furniture, school apparatus and appurtenances, in necessary and
proper repair, and make the same reasonably comfortable for use,
but shall not expend therefor without vote of the district an amount
to exceed fifty dollars in any one year.
15. To make any repairs and abate any nuisances, pursuant
to the direction of the school commissioner as herein provided,
and provide fuel, stoves or other heating apparatus, pails, brooms
and other implements necessary to keep the school-houses and the
school-rooms clean, and make them reasonably comfortable for use,
when no provision has been made therefor by a vote of the district,
or the sum voted by the district for said purposes shall have proved
insufficient.
16. To provide for building fires and cleaning the school-rooms,
and for janitor w^ork generally in and about the school-house, and
pay reasonable compensation therefor.
17. To provide bound blank-books for the entering of their ac-
counts, the records of the district and the proceedings of district
and trustee meetings, and a list of the movable property of the
district and they shall deliver such books to their successors in
office.
18. To expend in the purchase of dictionary, books, maps,
globes or other school apparatus, a sum not exceeding twenty-five
dollars in any one year.
19. To establish temporary or branch schools in such places in
the district as shall best accommodate the children, and to hire
rooms or buildings therefor and to fit up and furnish such rooms
or buildings in a suitable manner for conducting school therein
when it is shown:
a. That any considerable number of the children residing in a
portion of the district are so remote from the school-house as to
render it difficult for them to attend school in such school-house in
inclement weather, or;
b. That the school building is overcrowded and proper accom-
modations are not afforded all the children of the district, or ;
c. That for any other sufficient reason suitable and proper
school facilities are not provided by the present school accommo-
lations.
EDUCATION LAW 59
Any expenditure made or liability incurred in pursuance of
this section shall be a charge upon the district.
§ 276. Trustees' annual report. The trustees of each
district shall make a full report to the commissioner of education
upon any particular matter relating to their schools whenever
such report shall be required by said commissioner. The trustees
of each school district shall, on the first day of August in each
year, make to the school commissioner a report in writing for the
year ending on July thirty-first preceding. Such report shall be
in such form as the commissioner of education shall prescribe.
In every case the trustees shall sign and certify to said report and
deliver it to the clerk of the town, in which the school-house of
the district is situated; and every such report shall certify:
1. The whole time school has been maintained in their district
during the year ending on the day previous to the date of such
report, and stating what portion of the time such school has been
taught by qualified teachers, and the whole number of days, *in
eluding holidays, in which the school was taught by qualified
teachers.
2. The amount of their drafts upon the supervisor, collector or
treasurer for the payment of teachers' salaries during such year,
and the amount of their drafts upon him for the purchase of books
and school apparatus during such year, and the manner in which
such moneys have been expended.
3. The number of children taught in the district school during
such year by qualified teachers, and the aggregate days' attend-
ance of all such children upon the school.
4. The number of children residing in their district, over five
and under eighteen years of age, who shall have been, on the
thirtieth day of August last preceding the date of such report,
legal residents of such district. Children supported at a county
poor-house or an orphan asylum shall not be included in such
enumeration.
5. The number of vaccinated and unvaccinated children of
school age in their respective districts.
6. The amount of money paid for teachers' salaries, in addition
to the public money paid therefor, the amount of taxes levied in
said district for purchasing school-house sites, for building, hir-
ing, purchasing, repairing and insuring school-houses, for fuel,
for school libraries, or for any other purpose allowed by law.
* So in original.
60 NEW YORK STATE EDUCATION DEPARTMENT
7. Such additional information in relation to the schools under
their management and control as the commissioner of education
shall require.
§ 277. Annual report of trustees of certain joint
districts. Where a school district lies in two or more counties,
its trustees shall file their annual report in the office of the clerk
of the town in which the principal schoolhouse of the district is
situated.
§ 278. Trustees' annual report to district. The
trustees shall render to the district, at its annual meeting, a just,
full and true account in writing, of all moneys received by them
respectively for the use of the district, or raised or collected by
taxes, the preceding year, and of the manner in which the same
shall have been expended, and showing to which of them an un-
expended balance, or any part thereof, is chargeable; and of all
drafts or orders made by them upon the supervisor, collector,
treasurer or other custodian of moneys of the district; and a full
statement of all appeals, actions or suits and proceedings brought
by or against them, and of every special matter touching the con-
dition of the district.
§ 279. Penalty for failure of trustee to account.
By a wilful neglect or refusal to render such account, a trustee
forfeits any unexpired term of his office, and becomes liable to
the trustees for any district moneys in his hands.
§ 280. Payment by trustee to successor. An outgoing
trustee shall forthwith pay, to his successor or any other trustees
of the district in office, all moneys in his hands belonging to
the district.
§ 281. Trustees' riglit of action against prede-
cessor. The trustees in office shall sue for and recover any dis-
trict moneys in the hands of any former trustee, or of his per-
sonal representatives, and apply them to the use of the district.
§ 282. Notice of non-payment of moneys appor-
tioned. If any portion of the moneys apportioned to the dis-
trict shall not be paid by the supervisor, the collector or treasurer,
upon the due requirement of the trustees, they shall forthwith
notify the treasurer of the county and the conamissioner of educa-
tion of the fact.
§ 283. Taxation for expenses incurred by trustees.
When trustees are required or authorized by law, or by a vote of
their district, to incur any expanses for such district, and when
EDUCATION LAW 61
any expenses incurred by them are made, by express provision
of law, a charge upon such district, they may raise the amount
thereof by tax in the same manner as if the definite sum to be
raised had been voted by a district meeting.
§ 284. Issuing order in excess of available funds a
misdemeanor, l. The trustees of a school district shall not
issue an order or draft upon a supervisor, collector or treasurer
for the payment of the salary of a teacher unless there shall be in
the hands of such supervisor, collector or treasurer at the time
sufficient money belonging to the district to meet such order or
draft.
2. A violation of this section by the trustees of a district shall
be a misdemeanor.
§ 285. Trustees must not be interested in district
contracts. E'o trustee shall be personally interested directly or
indirectly in any contract which he makes in behalf of the district.
ARTICLE 11
Boards of Education
Section 300. Boards of education corporate bodies.
301. Board of education in district whose boundaries
are not coterminous with those of an incorpo-
rated village or city.
302. Board of education in district whose boundaries
are coterminous with those of an incorporated
village or city.
303. Provisions for separate elections in certain districts.
304. Determination of election disputes.
305. Election and organization of board of education in
new district where union free school district con-
taining two incorporated villages is divided.
306. Annual meetings of boards of education.
307. Change in number of members of board of educa-
tion in union free school district whose '^bound-
aires are coterminous with those of an incorpo-
rated village or city.
308. Change in number of members of board of educa-
tion in union free school district whose bound-
aries are not coterminous with those of an in-
corporated village or city.
* So in original.
62 NEW YORK STATE EDUCATION DEPARTMENT
Section 209. Power of removal of member of board of education.
310. Powers and duties of boards of education.
311. Night schools; kindergartens.
312. Appointment of superintendent of schools.
313. Regular meetings; visitation of schools.
314. Limitation upon expenditures.
315. Deposit, custody and payment of moneys in cities
and villages.
316. Moneys and accounts in union free school districts
whose boundaries are not tha same as the bound-
aries of incorporated cities and villages.
317. Boards of education have powers of trustees of com-
mon schools and trustees of academies.
318. Academy may be adopted as academic department.
319. Contracts with academies.
320. Retransfer of academy to its former trustees.
• 321. Records; reports.
322. Reports to commissioner of education.
323. Estimated expenses for ensuing year.
324. Vote upon school taxes.
325. Levy of tax for certain purposes without vote.
326. Reference to commissioner of education.
327. Corporate authorities must raise tax certified by
board of education.
328. Application of this article.
§ 300. Boards of education corporate bodies. The
board of education of each union free school district or city is
hereby created a body corporate and it shall, at its first meeting
and at each annual meeting thereafter, elect one of its members
president.
§ 301. Board of education in district ivhose bound-
aries are not coterminous ivith those of an incor-
porated village or city. 1. Whenever a union free school
district shall be established pursuant to the provisions of sections
one hundred and forty-one to one hundred and forty-five of this
chapter and the boundaries of such district shall not be cotermin-
ous with the boundaries of an incorporated city or village, it
shall be the duty of the meeting at which such imion free school
district is established to elect by ballot not less than three nor
more than nine trustees, who shall, by the order of such meet-
EDUCATION LAW 63
ing, be divided into three classes, the first to hold until one, the
second until two, and the third until three years from the first
Tuesdiaj of August next following, except as in the next section
provided. Thereafter there shall be elected in such districts, at the-
annual meeting, trustees to supply the places of those whose terms
of ofiice, by the classification aforesaid, expire.
2. The trustees thus elected, shall enter at once upon their of-
fices, and the office of any existing trustees in such districts, before
the establishment of a union free school therein, shall cease, ex-
cept for the purposes stated in section one hundred and thirty-
five of this chapter. The said trustees and their successors in office
shall constitute the board of education of the union free school dis-
trict thus established. (Subdivision two thus amended hy L,
1910, ch. 442, in effect September 1, 1910.)
§ 302. Board of education in district ixrliose bound-
aries are coterminous with, those of an incorporated
village or city. Whenever said board of education shall be
constituted for any district whose limits correspond with
those of any incorporated village or city, the trustees so elected
shall, by the order of such meeting, be divided into three classes :
The first class to serve until one ; the second, until \wo ; and the
third, until three years after the date of the next charter election
in such village or city, and their regular term of service shall be
computed from the several dates of such char'ter elections. There-
after, there shall be annually elected in such villages and cities, at
the charter elections, by separfate ballot, to be indorsed "school
trustee," in the same manner as the charter officers thereof, trus-
tees of the said union free schools, to supply the places of those
whose terms by the classification aforesaid expire.
§ 303. Provisions for separate elections in certain
districts. 1. In union free school districts whose limits do
not correspond with those of an incorporated village or city,
and in which the number of children of school age exceeds three
hundred, as shown by the last annual report of the board of edu-
cation to the school commissioner, the qualified voters of any
such district may by a vote of a majority of those present and vot-
ing, at any annual meeting, or at any duly called special meeting,
to be ascertained by taking and recording the ayes and noes, deter-
mine that the election of the members of the board of education
shall be held on the Wednesday next following the day designated
by law for holding the annual meeting of said district.
^^ J
64r KEW YORK STATE EDUCATION DEPARTMENT
2. Until such determination shall be changed, such election shall
be held on the Wednesday next following the day on which such
annual meeting of such district shall be held between the hours
of twelve o'clock noon and four o'clock in the afternoon at the
principal school-house in the district, or at such other suitable
place as the trustees may designate.
3. When the place of holding such election is other than at the
principal school-house, the trustees shall give notice thereof by the
publication of such notice, at least one week before the time of
holding such election, in some newspaper published in the district,
or by posting the same in three conspicuous places in the district.
The trusteeis may, by resolution, extend the time of holding the
election from four o'clock until sunset.
4. Such members of the board of education as may be present,
shall act as inspectors of election. If a majority of such board
shall not be present at the time of opening the polls, those mem-
bers of the board in attendance nuay appoint any of the legal
voters of the district present, to act ajs inspectors in place of the
absent trustees; and if none of the board of education shall be
present at the time of opening the polls, the legal voters present
may choose three of their number to act as inspectors.
5. The clerk of the board of education shall attend at the elec-
tion and record in a book, to be provided for that purpose, the
name of each elector as he deposits his ballot. If the clerk of the
board of education shall be absent, or shall be unable or refuse to
act, the board of education or inspectors of election shall appoint
some person who is a legal voter in the district to act in his place.
Any clerk or acting clerk who shall neglect or refuse to record the
name of a person whose ballot is received by the inspectors, shall
be liable to ' a fine of twenty-five dollars, to be sued for by the
supervisor of the town.
6. The board of education shall, at the expense of the district,
provide a suitable box in which the ballots shall be deposited as
they are received. Such ballots shall contain the names of the
persons voted for, and shall designate the office for which each of
said names is voted. The ballots may be either written or printed,
or partly written and partly printed. The inspectors immediately
after the close of the polls shall proceed to canvass the votes. They
shall first count the ballots to determine if they tally with the
number of names recorded by the clerk, and if they exceed that
number, enough ballots shall be withdrawn to make them corre-
EBUCATIOIf LAW 65
spond. Such inspectors shall count the votes and announce the
result. The persons having a 'plurality^ of the votes respectively
for the several offices shall be elected, and the clerk shall record
the result of such ballot and election as announced by the
inspectors. (Thus amended hy L. 1910, ch. 442, in effect Septem-
ber 1, 1910.)
7. Whenever the time for holding such election, as aforesaid,
shall pass without such election being held in any such district,
a special election shall be called by the board of education, but
if no such election be called by said board within twenty days
after such time shall have passed, the school commissioner or the
commissioner of education may order any inhabitant of said dis-
trict to give notice of such election in the manner prescribed by
section one hundred and ninety-three ; and the officers elected at
such special election shall hold their respective offices only until
the next annual election, and until their successors are elected
and shall have qualified, as in this chapter provided.
8. The foregoing provisions shall not apply to union free school
districts in cities, nor to union free school districts whose bound-
aries correspond with those of an incorporated village, nor to any
school district organized under a special act of the legislature, in
which the time, manner and form of the election of district officers
shall be different from that prescribed for the election of officers
in union free school districts, organized under the general law,
nor to any of the union free school districts in the counties of Suf-
folk, Chenango, Warren, Erie and Saint Lawrence.
§ 304. Determination of election disputes. All dip-
putes concerning the validity of any district election or of any of
the acts of the officers of such election shall be referred to the com-
missioner of education for determination and his decision in the
matter shall be final and not subject to review. The commissioner
may in his discretion order a new election.
§ 305. Election and organization of board of edu-
cation in new district where union free school dis-
trict containing two incorporated villages is divided.
1. Within ten days after the school commissioner, shall have desig-
nated any separate school district organized under the provisions
of sections one hundred and thirty and one hundred and thirty^one
of this chapter, he shall call a special meeting of the qualified voters
* The former law provided for a majority vote to elect. The amendment
does not affect union free schotjl districts which do not hold elections of school
officers on the Wednesday follcAJng the annual meeting.
66 NEW YOEK STATE EDUCATION DEPARTMENT
of such school district at a time and place to be named by him to
elect a board of education to consist of six members, two of whom
shall be elected for one year, two for two years and two for three
years from the date of the annual school meeting next succeeding
such special meeting. The call for such special meeting shall be
published in the manner provided in section one hundred and
thirty for calling a special meeting to determine as to whether the
school district shall be divided.
2. The school commissioner shall call such special meeting to
order and the voters present shall elect a chairman and secretary
for such meeting and appoint three tellers to canvass the votes
cast. After the votes shall have been canvassed the chairman and
secretary shall forthwith certify the result of such canvass to the
said school commissioner, who shall within five days thereafter
convene the members of the board of education, shown by said
certificate to have been elected, for the purpose of organization,
and said certificate of the result of such canvass shall thereupon
become a part of the record of said school district.
§ 306. Annual meetings of boards of education.
1. The annual meeting of the board of education of every union
free school district whose limits do not correspond with those of
an incorporated village or city shall be held on the first Tuesday
in August of each year.
2. The annual meeting of the board of education of every union
free school district whose limits correspond with those of an in-
corporated village or city shall be held on the Tuesday next after
the election of the members of such board at the annual charter
election of the village or city. \^Amended hy L. 1911, cli. 830.]
§ 307. Change in number of members of board of
education in union free scbool district ivbose bound-
aries are coterminous ivith tbose of an incorporated
village or city. The number of members of the board of
education of a union free school district whose limits correspond
with those of an incorporated village or city, may be increased to
not more than nine or decreased to not less than three in the fol-
lowing manner:
1. The board of education of such union free school district,
shall, upon the application of at least fifteen resident taxpayers
of such district, submit to a special meeting, held at least thirty
days prior to the annual charter election, in such village or city,
a proposition for the increase or decrease of the number of mem-
EDUCATION LAW 67
bers of the board of education to a number specified in tbe
proposition.
2. Such special meeting shall be called and held in the manner
prescribed by subdivision two of section one hundred and ninety--
three of this chapter.
3. If such proposition is adopted and it is determined thereby to
increase the number of members of the board of education of
such district, there shall be elected at the next ensuing annual
village or city election, a sufficient number of members of the
board of education so that the total number of members of the
board will be the number specified in such proposition. Such
additional members shall be elected for such terms so that as
nearly as possible the terms of one-third of the members of such
board will expire annually. Successors to such additional mem-
bers shall be elected in like manner.
4. If such proposition is adopted and it is determined thereby
to decrease the number of the board of education in such district,
no members of the board of education of such district shall there-
after be elected until by expiration of term the number of mem-
bers of the board of education will be less than the number speci-
fied in such proposition; and thereafter the number of members
of the board of education of such district shall be the number
specified in such proposition. 'Not more than one proposition
under this section shall be submitted in any calendar year.
§ 308. Change in number of members of board of
education in union free sebool district whose bound-
aries are not coterminous -with those of an incorpo-
rated village or city. 1. The number of members of thf-
board of education of a union free school district whose limits
do not correspond with those of an incorporated village or city
may be increased or decreased at an annual meeting by a ma-
jority vote of the qualified voters present and voting to be ascer-
tained by taking and recording the ayes and noes. The number of
such board shall not be increased to more than nine nor decreased
to less than three.
2. 1^0 vote shall be taken upon the proposition to increase or de-
crease the number of members of such board of education unless
the notice of the annual meeting shall contain a statement to the
effect that the voters of such district will vote upon such proposi-
tion. The board of edncation of any such district shall, upon the
application of at least fifteen voters of such district, include in the
notice of the annual meeting a statement that the proposition to
3
68 l^l^W YOKK STATE EDUCATIOI^ DEPARTMENT
increase or decrease such board will be presented to the annual
meeting for determination. If the board refuses or fails to give
such notice the notice may be given in such manner as the commis-
sioner of education may direct.
3. If any such board shall consist of less than nine members and
such meeting shall determine to increase the number, such meeting
shall elect the additional number so determined upon and shall
divide such number into three classes, the first to hold office one
year, the second tv70 years and the third three years.
4. If such meeting shall determine to diminish the number of
members composing such board, no election shall be held in such
district to fill the vacancies of the outgoing members until the
number of such members shall correspond to the number which
such meeting shall determine to compose such board.
§ 309. Poiver of removal of member of board of
education. For cause shown, and after giving notice of the
charge and opportunity of defense, the commissioner of educa-
tion may remove any member of a board of education. Wilful
disobedience of any lawful requirement of the commissioner of
education, or a want of due diligence in obeying such requirement
or wilful violation or neglect of duty is cause for removal.
§ 310. Powers and duties of boards of education.
The said board of education of every union free school district
shall have power, and it shall be their duty:
1. To adopt such by-laws and rules for its government as shall
seem proper in the discharge of the duties required under the
provisions of this chapter.
2. To establish such rules and regulations concerning the order
and discipline of the schools, in the several departments thereof,
as they may deem necessary to secure the best educational results.
3. To prescribe the course of study by which the pupils of the
schools shall be graded and classified, and to regulate the admis-
sion of pupils and their transfer from one class or department to
another, as their scholarship shall warrant.
4. To prescribe the text-books to be used in the schools, and to
compel a uniformity in the use of the same, pursuant to the pro-
visions of this chapter, and to furnish the same to pupils out of
any moneys provided for that purpose.
5. To make provision for the instruction of pupils in physi-
ology and hygiene with special reference to the effect of alcoholic
drinks, stimulants and narcotics upon the human system.
6. To purchase sites, or additions thereto, for recreation
EDUCATION^ LAW 69
grounds and for school-houses for the district, when designated
by a meeting of the district; and to construct such school-houses,
and additions thereto as may be so designated; to purchase fur-
niture and apparatus for such school-houses, and to keep the fiiT=
niture and apparatus therein in repair.
7. To hire rooms in which to maintain and conduct schools
when the rooms in the school-houses are overcrowded, or when
such school-houses are destroyed, injured or damaged by the ele-
ments, and to fit up and furnish such rooms in a suitable manner
for conducting schools therein.
8. To insure the school-houses and their furniture, apparatus
and appurtenances, and the school library, in some company cre-
ated by or under the laws of this state, or in some insurance com-
pany authorized by law to transact business in this state, and to
comply with the conditions of the policy, and raise the sums paid
for premiums by district tax.
9. To take charge and possession of the school-houses, sites,
lots, furniture, books, apparatus, and all school property within
their respective districts; and the title of the same shall be vested
respectively in said board of education.
10. To sell, when authorized by a vote of the qualified voters
of the school district, any former schopl site or lot, or any real
estate the title to which is vested in the board, and the buildings
thereon, and appurtenances or any part thereof, at such price and
upcn such terms as said voters shall prescribe, and to convey the
same by deed to be executed by the board or a majority of the
members thereof. Also to exchange real estate belonging to the
district for the purpose of improving or changing school-house
sites.
11. To take and hold for the use of the said schools or of
any department of the same, any real estate transferred to it by
gift, grant, bequest or devise, or any gift, legacy or annuity, of
whatever kind, given or bequeathed to the said board, and apply
the same, or the interest or proceeds thereof, according to the in-
structions of the donor or testator.
12. To have in all respects the superintendence, management
and control of said union free schools, and to establish therein,
In conformity with the regents rules, an academic department,
whenever in their judgment the same is warranted by the de-
mand for such instruction ; to receive into said union free schools
any pupils residing out of said district, and to regulate and estab-
70 NEW YORK STATE EDUCATION DEPAllTAIENT
lish the tuition fees of sucb nonresident pupils in the several de-
partments of said schools.
13. To provide fuel, furniture, apparatus and other necessaries
for the use of said schools.
14. To appoint such librarians as they may from time to time
deem necessary.
15. To contract with and emj^tloy such persons as by the pro-
visions of this chapter are qualified teachers, to determine the
number of teachers to be employed in the several departments of
instruction in said school, and at the time of such employment to
make and deliver to each teacher a written contract as required
by section five hundred and sixty-one of this chapter.
16. To fill any vacancy which may occur in said board by
reason of the death, resignation, removal from office or from the
school district, or refusal to serve, of any member or officer of said
board ; and the person so appointed in the place of any such mem-
ber of the board shall hold his office until the next annual election
of trustees.
17. To remove any member of their board for official miscon-
duct. But a written copy of all charges made of such miscon-
duct shall be served upon him at least ten days before the time
appointed for a hearing of the same; and he shall be allowed a
full and fair opportunity to refute such charges before removal.
18. To provide and maintain suitable and convenient water-
closets as provided in section four hundred and fifty-seven of this
chapter.
19. To borrow money in anticipation of taxes remaining uncol-
lected which have been levied by' such district for the current
fiscal year, and not in excess thereof, whenever in the discretion
of the board of education it shall be necessary to do so for the
purpose of paying the current expenses of the district for such-
current fiscal year, by issuing certificates of indebtedness, in the
name of the board of education, signed by the president and
clerk thereof, which certificates must be payable w^ithin such
current fiscal year or within nine months thereafter, and shall
bear interest at a rate not exceeding six per centum per annum.
20. To raise by tax upon the property of the district any mon-
eys required to pay the salary of teachers employed after apply-
ing thereto the school moneys apportioned to the district by the
state.
21. To provide for the medical inspection of all children in
7 attendance upon schools under their supervision whenever in
I
EDUCATION LAW 7l
their judgment such inspection shall be necessary and to pay any
expense incurred therefor out of funds authorized by the voters
of the district or city or which may properly b^ set aside for such
purpose by the common council or the board of estimate and ap-~
portionment of a city. Provided, however, that no such funds
shall be appropriated or authorized by the voters of a union free
school district situate wholly within a city of the third class, un-
less the board of education shall incorporate in the notice of the
annual meeting or election a statement to the effect that at such
meeting or election a proposition to appropriate such funds will
be voted upon, specifying the amount. [_8uhd. added hy L. 1910,
ch. 60'2 and amended hy L. 1912, ch. 215.]
§ 311. Night schools; kindergartens. The board of
education of each school district and of each city may maintain:
1. Niorht schools and determine the courses of instruction to be
given therein. Such schools shall be free to all persons residing
in the district or city.
2. Kindergartens which shall be free to resident children be-
tween the ages of four and six years.
§ 312. Appointment of superintendent of schools.
1. In any union free school district having a population of five
thousand or more, which fact shall be determined by the commis-
sioner of education, as provided in section four hundred and
ninety-two of this chapter, the board of education may appoint a
superintendent of schools.
2. Such superintendent shall be under the direction of the board
of education, which shall prescribe his powers and duties. He
shall be paid a salary from the teachers' fund, to be fixed by the
board of education, and he may be removed from office by a vote
of the majority of all the members of such board. Whenever such
superintendent shall be appointed, the said union free school dis-
trict shall be entitled to the benefits of the provisions of section
four hundred *tnd ninety-two of this chapter.
§ 313. Regular meetings; visitation of schools. 1.
It shall be the duty of each board of education elected pursuant to
the provisions of this article to have a regular meeting at least
once in each quarter.
2. Each board shall appoint one or more committees, to visit
every school or department under its supervision and such com-
mittee shall visit such schools at least twice in each quarter, and
* So in original.
72 NEW YORK STATE EDUCATION DEPARTMENT
report at the next regular meeting of the board on the condition
thereof.
3. The meetings of all such boards shall be open to the public,
but said boards may hold executive sessions, at which sesr)ions
only the members of such boards or the persons invited shall be
present.
§ 314. Limitation upon expenditures. "No board of
education shall incur a district liability in excess of the amount
appropriated by a district meeting unless such board is specially
authorized by law to incur such liability.
§ 315. Deposit, custody and payment of moneys in
cities and villages. 1. All moneys raised for the support of
schools in any city or in any union free school district whose
boundaries are coterminous with the boundaries of an incorpo-
rated village or apportioned to the same by the education depart-
ment or otherwise, shall be paid into the treasury of such city or
village to the credit of the board of education therein; and the
funds so received into such treasury shall be kept separate and
distinct from any other funds received into the said treasury.
And the officer having the charge thereof shall give such additional
security for the safe custody thereof as the corporate authorities
of such city or village shall require.
2. "No money shall be drawn from such funds, credited to the
several boards of education, unless in pursuance of a resolution
of said board, and on drafts drawn by the president and counter-
signed by the secretary or clerk, payable to the order of the per-
sons entitled to receive such money, and stating on their face the
purpose or service for which such moneys have been authorized
to be paid by the said board of education.
§ 316. Moneys and accounts in union free school
districts ivliose boundaries are not tlie same as tlie
boundaries of incorporated cities and villages. 1.
All moneys raised in a union free school district whose limits do
not correspond with those of a city or an incorporated village, or
apportioned thereto by the education department or otherwise,
shall be paid to the treasurer of the district entitled to receive
the same, and be applied to the uses of the district and the board
shall annually render their accounts of all moneys received and
expended by them for the use of said schools.
2. 'No money shall be drawn from such funds in possession of
such treasurer, unless in pursuance of a resolution of said board,
and on drafts drawn by the prosidont and countcr-ig-ned by the
EDUCATIOIT LAW 73
clerk payable to the order of the persons entitled to *reecive such
money, and stating on their face the purpose or service for which
said moneys have been authorized to be paid by the said board
of education. - -
§ 317. Boards of education have powers of trus-
tees of eomnion schools and trustees of academies.
The board of education shall possess all the powers and privi-
leges, and be subject to all the duties in respect to the common
schools, or the common school departments in any union free
school in said districts, which the trustees of common schools
possess or are subject to under this chapter, not specially provided
for in this article, and not inconsistent with the provisions of this
article; and to enjoy, whenever an academic department shall be
by them established, all the immunities and privileges now en-
joyed by the trustees of academies in this state.
§ 318. Academy may be adopted as academic de-
partment. Whenever a union free school shall be established
under the provisions of article five, and there shall- exist within
its district an academy, the board of education, when authorized
by a vote of the voters of the district, may adopt such academy as
the academic department of the district, with the consent of the
trustees of the academy, and thereupon the trustees by a resolu-
tion to be attested by the signatures of the officers of the board
and filed in the ofiice of the clerk of the county, shall declare their
offices vacant, and thereafter the said academy shall be the aca-
demic department of such union free school. The board of edu-
cation when thereto authorized by a vote of the qualified voters
of the district may lease said academy and site, and maintain
the academic department of such union free school therein and
thereon.
§ 319. Contracts with academies. The board of edu-
cation of a union free school district, with the approval of the
commissioner of education, may adopt an academy as the academic
department thereof, and contract for the instruction therein of
pupils of academic grade, residing in the district. The academy
thereupon becomes the academic department of such union free
school, and the district is entitled to the same rights and privi-
leges, is subject to the same duties, and the apportionment and
distribution of state school money shall be made to it, as if an
academic department had been established in such school.
§ 320. Retransf er of academy to its former trus-
* So in original.
74 NEW YORK STATE EDUCATION DEPAllTMEAT
tees. If there shall be, in a dissolved union free school district,
an academy which shall have been adopted as the academic de-
partment of the union free school, under the provisions of title
nine, chapter five hundred and fifty-five of the laws of eighteen
hundred and sixty-four, and any amendment thereof, or title eight
of chapter five hundred and fifty-six of the laws of eighteen hun-
dred and ninety-four, and any amendment thereof, or under this
chapter, it shall, upon the application of a majority of the sur-
viving resident former trustees or stockholders, be transferred by
the board of education to said former trustees or stockholders.
§ 321. Records; reports. It shall be the duty of said
board to keep an accurate record of all its proceedings in books
provided for that purpose. It shall be the duty of said board
to cause to be published once in each year, and twenty days next
before the annual meeting of the district, in at least one pr.blic
newspaper, printed in such district, a full and detailed account
of all moneys received by the board or the treasurer of said dis-
trict, for its' account and use, and of all the moneys expended
therefor, giving the items of expenditure in full ; should there be
no paper published in said district said board shall publish such
account by notice to the taxpayers, by posting copies thereof in
five public places in said district. {^Thus amended by L. 1910,
ch. 4:4:2, in effect September 1, 1910.]
§ 322. Reports to commissioner of education. 1.
The board of education of each district and of each city shall
make such detailed report and in such form upon any matter
relating to the schools under their management and control as the
commissioner of education shall from time to time require.
2. Such board of education shall also make an annual report
giving the information relating to their schools required of trustees
under section two hundred and seventy-six of this chapter. Such
report shall also contain such information as the commissioner of
education shall require and shall be in the form prescribed by him.
Such report shall be made on the first day of August of each year
and, in the case of a board of education of a union free school dis-
trict, shall be delivered to the town clerk of the town in which
the school-house of such district is located.
§ 323. Estimated expenses for ensuing year. It
shall be the duty of the board of education of each district to
present at the annual meeting a detailed statement in writing of
the amount of money which will be required for the ensuing year
for school purposes, exclusive of the public moneys, specifying
EDUCATION LAW 75
the several purposes and the amount for each. This section shall
not be construed to prevent the board from presenting such state-
ment at a spe<^ial meeting called for the purpose, nor from pre-
senting a supplementary and amended statement or estimate- at
any time.
§ 324. Vote upon school taxes. After the presentation
of such statement or estimate, the question shall be taken
upon voting the necessary taxes to meet the estimated expendi-
tures, and when demanded by any voter present, the question shall
be taken upon each item separately, and the inhabitants may in-
crease the amount of any estimated expenditures or reduce the
same, except for teachers' wages, and the ordinary contingent ex-
penses of the schools.
§ 325. Levy of tax for certain purposes without
vote. If the inhabitants shall neglect or refuse to vote the sum
estimated necessary for teachers' wages, after applying thereto
the public school moneys, and other moneys received or to be re-
ceived for that purpose, or if they shall neglect or refuse to vote
the sum estimated necessary for ordinary contingent expenses, the
board of education may levy a tax for the same, in like manner as
if the same had been voted by the inhabitants.
§ 326. Reference to commissioner of education. If
any question shall arise as to what are ordinary contingent ex-
penses the same may be referred to the commissioner of edu-
cation, by a statement in writing, signed by one or more of
each of the opposing parties upon the question, and the decision
of the commissioner shall be conclusive.
§ 327. Corporate authorities must raise tax cer-
tified by board of education. 1. The corporate authori-
ties of any incorporated village or city in which any such union
free school shall be established, shall have power, and it shall
be their duty, to raise, from time to time, by tax, to be levied
upon all the real and personal property in said ci-ty or village, as
by law provided for the defraying of the expenses of its municipal
government, such sum as the board of education established
therein shall declare necessary for teachers' salaries and the ordi-
nary contingent expenses of supporting the schools of said
district.
2. The sums so declared necessary shall be set forth in a de-
tailed statement in writing, addressed to the corporate authorities
hj the board of education, giving the various purposes of antici-
pated expenditure, and the ainourt necessary for each; and the
ib NEW YOEK STATE EDUCATION DEPARTMENT
said corporate authorities shall have no power to withhold the
sums so declared to be necessary; and such corporate authorities
as aforesaid shall have power, and it shall be their duty to raise,
from time to time, by tax as aforesiaid, any such further sum to
be set forth in a detailed statement in writing, addressed to the
corporate authorities by the board of education, giving the various
purposes of the proposed expenditure, and the amount necessary
for each which may have been or which may hereafter be au-
thorized by a majority of the voters of such union free school
district present and voting at any special district meeting duly
convened for any of the purposes stated in section four hundred
and sixty-seven of this chapter.
§ 328. Application of this article. The provisions of
this article shall apply to all union free schools heretofore or-
ganized pursuant to the provisions of chapter four hundred and
thirty-three of the laws of eighteen hundred and fifty-three, and
the amendments thereof, chapter five hundred 'and fifty-five of
the laws of eighteen hundred and sixty-four, and the amendments
thereof, and of chapter five hundred and fifty-six of the laws
of eighteen hundred and ninety-four and the amendments thereof ;
and sections three hundred and twenty-seven, four hundred and
sixty, four hundred and sixty-seven and four hundred and eighty
of this chapter are made applicable to all school districts estab-
lished by and organized under special statutes, except those of
cities ; and sections three hundred and ten, subdivision nineteen,
tbree hundred and twelve and four hundred and fifty-eight of this
chapter are made applicable to all school districts having a popula-
tion of five thousand and upwards established by and organized
under special statutes.
ARTICLE 12
Town Clerks
Section 340. Duties of town clerks.
341. Expenses of town clerks.
§ 340. Duties of town clerks. It shall be the duty oi
the town clerk of each town:
1. To keep all books, maps, papers, and records of his offi^r
touching common schools, and forthwith to report to the school
commissioner any loss or injury to the same.
I
EDUCATION LAW 77
2. To receive from the supervisors the certificates of apportion-
ment of school moneys to the town, and to record them in a book
to be kept for that purpose.
3. To notify forthwith the trustees of the several school dis-
tricts of the filing of each such certificate.
4. To see that the trustees of the school districts make and de-
posit wnth him their annual reports within the time prescribed by
law, and to deliver them to the school commissioner on demand.
5. To furnish the school commissioner of the school commis-
sioner district in which his town is situated the names and post-
ofiice addresses of the school district officers reported to him by
the district clerks.
6. To distribute to the trustees of the school districts all books,
blanks and circulars which shall be delivered or forwarded to him
by the commissioner of education or school commissioner for that
purpose.
7. To receive from the supervisor, and record in a book kept
for that purpose, the annual account of the receipts and disburse-
ments of school moneys required to be submitted to the town
auditors, together with the action of the town auditors thereon,
and to send a copy of the account and of the action thereon, by
mail, to the commissioner of education whenever required by him,
and to file and preserve the vouchers accompanying the account.
8. To receive and to record, in the same book, the supervisor's
final account of the school moneys received and disbursed by him,
and deliver a copy thereof to such supervisor's successor in office.
9. To receive from the outgoing supervisor, and file and record
in the same book, the county treasurer's certificate, that his suc-
cessor's bond has been given and approved.
10. To receive, file and record the descriptions of the school
districts, and all papers and proceedings delivered to him by the
school commissioner pursuant to the provisions of this chapter.
11. To act, when thereto legally required, in the erection or
alteration of a school district, as in article fi.ve of this chapter
provided.
12. To receive and preserve the books, papers and records of
any dissolved school district, which shall be ordered, as herein-
after provided, to be deposited in his office.
13. To perform any other duty which may be devolved upon
him by this chapter, or by any other act touching common schools.
§ 341. Expenses of town clerks. The necessary ex-
penses and disbursements of the town clerk in the performance
78 NEW YORK STATE EDUCATION DEPAIJTMK.N T
of his said duties, are a town charge, and shall be audited and
paid as such.
ARTICLE 13
Supervisors
Section 360. Duties of supervisors.
361. Sale of gospel or school lots on division of town.
362. Payment of proceeds of sale of gospel or school lots.
363. Supervisor's bond for school moneys.
364. Refusal of supervisor to give bond.
365. Report by supervisors to county treasurer.
§ 360. Duties of supervisors. It is the duty of every
supervisor :
1. To disburse the school moneys in his hands applicable to
the payment of teachers' wages, upon and only upon the written
orders of a sole trustee or a majority of the trustees, in favor of
qualified teachers. But whenever the collector in any school dis-
trict shall have given bonds for the due and faithful performance
of the duties of his office as disbursing agent, as required by sec-
tion two hundred and fifty-three or whenever any school district
shall elect a treasurer as provided in this chapter, the said super-
visor shall, upon the receipt by him of a copy of the bond ex-
ecuted by said collector or treasurer as herein required, certified
by the trustees, pay over to such collector or treasurer, all moneys
in his hands applicable to the payment of teachers' wages in such
district, and the said collector or treasurer shall disburse such
moneys so received by him upon such orders as are specified herein
to the teachers entitled to the same.
2. To pay over all the school money apportioned to a imion
free school district, to the treasurer of such district, upon the
order of its board of education.
3. To keep a just and true account of all the school moneys
received and disbursed by him during each year, and to lay the
same, with proper vouchers, before the town board or board of
town auditors at each annual meeting thereof.
4. To provide a bound blank book, the cost of which shall be
a town charge, and to enter therein all his receipts and disburse-
ments of school moneys, specifying from whom and for what pur-
poses they were received, and to whom and for what purposes
EDUCATION LAW 79
they were paid out; and to deliver the book to his successor in
office.
5. To make out a just and true account of all school moneys
received by him and of all disbursements thereof, within fifteen
days after the termination of his office and to deliver the same to
the town clerk, to be filed and recorded, and to notify his successor
in office that such account has been made and filed.
6. To deliver to his predecessor the county treasurer's certifi-
cate showing that he has given to such treasurer the bond required
by section three hundred and sixty-three of this chapter and that
such bond has been approved by such treasurer, and to procure
from the town clerk a copy of his predecessor's account, and to
demand and receive from him all school moneys remaining in his
hands.
7. To pay to his successor upon receipt of such certificate all
school moneys remaining in his hands, and to forthwith file the
certificate in the town clerk's office.
8. To sue for and recover, in his name of office, when the duty
is not elsewhere imposed by law, all penalties and forfeitures im-
posed by this chapter, and for any default or omission of any
town officer or school- district board or officer under this chapter;
and after deducting his costs and expenses to report the balances
to the school commissioner.
9. To act, when legally required, in the erection or alteration of
a school district, as provided in article five of this chapter, and to
perform any other duty which may be devolved upon him by this
chapter, or any other act relating to common schools.
10. To take and hold possession of the gospel and school lots
of their respective towns.
11. To lease the same for such time not exceeding twenty-
one years, and upon such conditions as they shall deem expedient.
12. To sell the same with the advice and consent of the in-
habitants of the town, in town-meeting assembled, for such price
and upon such terms of credit as shall appear to them most ad-
vantageous.
13. To invest the proceeds of such sales in loans, secured by
bond and mortgage upon unincumbered real property of the value
of double the amount loaned.
14. To purchase the pro])crty so mortgaged upon a foreclosure,
and to hold and convey the property so purchased whenever it
shall become necessary.
80 NEW YOEK STATE EDUCATION DEPARTMENT
15. To re-loan the amount of such loans repaid to them, upon
the like security.
16. To apply the rents and profits of such lots, and the inter-
est of the money arising from the sale thereof, to the support of
schools, as may be provided by law, in such manner as shall be
thus provided.
17. To render a just and true account of the proceeds of the
sales and the interest on the loans thereof, and of the rents and
profits of such gospel and school lots, and of the expenditure and
appropriation thereof, on the last Tuesday next preceding the
annual town-meeting in each year, to the town board.
18. To deliver over to his successor in office, all boxes, papers
and securities relating to the same, at the expiration of their
respective offices.
19. To take therefor a receipt, which shall be filed in the clerk's
office of the town ; and,
20. To commence and prosecute in and by the name and style
of the supervisor of the town any suits against any of his prede-
cessors in office or against any other person to recover any debt,
dues or demands, in anywise arising from such public lot; and no
such suit shall abate by the death, resignation or removal from
office of the said supervisor but the sanie shall and may be prose-
cuted to judgment and execution by his successor in office.
§ 361. Sale of gospel or school lots on division of
town. Whenever a town having lands assigned to it for the
support of the gospel or of school s, shall be divided into two or
more towns, or shall be altered in its limits by the annexing of a
part of its territory to other towns, such lands shall be sold by
the supervisor of the town, in which such lands were included
immediately before such division or alteration; and the proceeds
thereof shall be apportioned between the towns interested therein,
in the same manner as the other public moneys of towns, so
divided or altered, are apportioned.
§ 362. Payment of proceeds of sale of gospel or
school lots. The shares of such moneys, to which the towns
shall be respectively entitled, shall be paid to the supervisors of
the respective towns, and shall thereafter be subject to the pro-
visions of this article.
§ 363. Supervisor's bond for school moneys. 1.
Immediately on receiving the school commissioners' certificates
of apportionment, the county treasurer shall require of each super-
EDUCATION LAW 81
visor, and each supervisor shall give to the treasurer, in behalf of
the town, his bond, with two or more sufficient sureties, approved
by the treasurer, in the penalty of at least double the amount of
the school moneys set apart or apportioned to the town, and of^nj
such moneys unaccounted for by his predecessors, conditioned for
the faithful disbursement, safe-keeping and accounting for such
fnoneys, and of all other school moneys that may come into his
hands from any other source.
2. If the condition shall be broken the county treasurer shall
sue the bond in his own name, in behalf of the town, and the
money recovered shall be paid over to the successor of the super-
visor in default, such successor having first ^giving security as
aforesaid.
3. Whenever the office of a supervisor shall become vacant, the
county treasurer shall require the person elected or appointed to
fill such vacancy to execute a bond, with two or more sureties, to
be approved by the treasurer, in the penalty of at least double the
sum of the school moneys remaining in the hands of the old super-
visor, when the office became vacant, conditioned for the faithful
disbursement and safe-keeping of and accounting for such moneys.
But the execution of this bond shall not relieve the supervisor
from the duty of executing the bond first above mentioned.
§ 364. Refusal of supervisor to give bond. The re-
fusal of a supervisor to give such security shall be a misdemeanor,
and any fine imposed on his conviction thereof shall be for the
benefit of the common schools of the town. Upon such refusal, the
moneys so set apart and apportioned to the town shall be paid to
and disbursed by some other officer or person to be designated bj'
the county judge, under such regulations and with such safeguards
as he may prescribe, and the reasonable compensation of such offi-
cer or person, to be adjusted by the board of supervisors, shall be
a town charge.
§ 365. Report by supervisors to county treasurer.
On the first Tuesday of February in each year, each supervisor
shall make a return in writing to the county treasurer for the use
of the school commissioners, showing the amounts of school mon-
eys in his hands not paid on the orders of trustees for teachers'
salaries, and the districts to which they stand accredited, and if
such moneys remain in his hands, he shall report that fact; and
thereafter he shall not pay out any of said moneys until he shall
* So in original.
82 NEW YORK STATE EDUCATION DEPARTMENT
have received the certificate of the next apportionment ; and the
moneys so returned by him shall be reapportioned as directed in
article eighteen of this chapter.
ARTICLE 14
[Entire article amended by L. 1910, ch. 607.]
District Superintendent of Schools; His
Election, Poivers and Duties
Section 380. Office of district superintendent of schools created.
381. Supervisory districts.
382. School directors.
383. Election of district superintendent.
384. Qualifications of district superintendents.
385. District superintendent must take oath of office.
386. Term of office of district superintendent.
387. Vacancies in the office of district superintendent.
388. Eilling vacancy in the office of district superin-
tendent.
389. Salary of district superintendent.
390. Expense of district superintendents.
391. Salary of district superintendent may be withheld.
392. Removal of district superintendent from office.
393. District superintendent not to be interested in cer-
tain business or to accept rewards, et cetera.
394. District superintendents not to engage in other
business.
395. General powers and duties of district superin-
tendent.
396. District superintendent subject to the rules of com-
missioner of education.
397. Other duties of a district superintendent.
398. Appeals from acts of district superintendent, et
cetera.
§ 380. Office of district superintendent of schools
created. The office of district superintendent of schools is
hereby created to begin on the first day of January, nineteen
hundred and twelve.
§ 381.* Supervisory districts. 1. The territory em-
braced in the school commissioner districts of the state outsid*:^
*Tliis section, as amended by L. 1910, chap. 607, took efTcct Jni5^ 1, lOIi
EDUCATION LAW 83
of cities and of school districts of five thousand population or
more, which employ a superintendent of schools, shall be organ-
ized and divided into supervisory districts. In the formation or
division of such territory into such districts no town shall _be,
divided. The territory of such districts must be contiguous and
compact and towns shall be arranged in districts so that there
shall be as equal a division of the territory and number of school
districts as may be practicable.
2. In a county entitled to two or more supervisory districts the
school commissioner of each school commissioner district in such
county and the supervisor of each town in such county shall meet
at the county seat of such county on the third Tuesday in April,
nineteen hundred and eleven, at ten o'clock in the forenoon and
divide such county into the number of supervisory districts to
which it is entitled.
3. The county clerk of such county shall give ten days' notice,
in writing, of such meeting, to each of such school commissioners
and supervisors. The county clerk shall also call such meeting
to order at the proper hour and the school commissioners and
supervisors present shall elect from their number a chairman and
a clerk.
4. A copy of the proceedings of such meeting showing the su-
pervisory districts formed and naming the towns composing each
of such districts, certified by the chairman and clerk, shall be
deposited by the clerk of such meeting in the ofiice of the clerk
of the county immediately after the close of the meeting. The
county clerk on receipt of the same shall forward a certified copy
thereof to the commissioner of education.
5. The number of supervisory districts into which each county
shall be organized or divided is as follows : '
a. Hamilton, Putnam, Eockland, Schenectady, each one;
b. Chemung, Fulton, Genesee, Montgomery, Nassau, Schuyler,
Seneca, Yates, each two;
c. Albany, Clinton, Columbia, Cortland, Essex, Greene, Liv-
ingston, Niagara, Orange, Orleans, Kensselaer, Schoharie, Suf-
folk, Sullivan, Tioga, Tompkins, Warren, Wyoming, each three;
d. Broome, Dutchess, Franklin, Herkimer, Lewis, Madison,
^Fonroe, Ontario, Saratoga, Ulster, Washington, Wayne, West-
chester, each four ;
e. Allegany, Cattaraugus, Cayuga, Chenango, Erie, Onondaga,
03we2:o, each five ;
84r JS^EW YORK STATE EDUCATION DEPARTxMENT
f. 'Chautauqua, Delaware, Jefferson, Otsego, each six;
g. Oneida, Steuben, each seven;
h. Saint Lawrence, eight districts.
§ 382.* School directors. 1. Two school directors shall
be elected for each town at the general election held in the year
nineteen hundred and ten. One of such directors shall be elected
to serve until January one, nineteen hundred and thirteen, and the
other shall be elected to serve until January one, nineteen hundred
and sixteen. A director shall be elected at the general election
in nineteen hundred and twelve and every fifth year thereafter and
one shall be elected in nineteen hundred and fifteen and every
fifth year thereafter. The term of office of the directors elected in
nineteen hundred and twelve and thereafter shall commence on
the first day of January following their election and continue for
five years. Such directors shall be elected in the same manner
that town officers are elected at town meetings held at the time of
a general election, and the provisions of the election law relating
to the nomination and election of such town officers shall apply to
the nomination and election of such directors.
2. A school director shall vacate his office by removal from the
town or by filing a written resignation with the town clerk. A
vacancy in the office of school director shall be filled by the town
board of the town in which such vacancy exists. If the town
fails to elect a director a vacancy shall be deemed to exist in sucli
office.
3. A school director before entering upon the discharge of the
duties of his office, and not later than thirty days after the date on
which he was elected to office, shall take the oath of office pre-
scribed by the constitntion. Such oath may be taken before a
justice of the peace or a notary public, and must be filed in the
office of the clerk of the town.
4. A school director shall receive two dollars per day for each
day's service and his necessary traveling expenses, and the town
board of the town for which such director is chosen shall audit and
allow the same.
§ 383.f Election of district superintendent. 1. The
school directors of the several towns composing a supervis-
ory district shall meet for organization at eleven o'clock in the
forenoon on the third Tuesday in May following their election.
* This section, as amendod by L. 1910, chap. 607, took eflFect July 1, 1910.
1 This section, as amended by L. 1910, chap. 607, took eflFect April 1, 1011.
EDUCATION LAW 85
Such meeting shall be held at a place in the supervisory district,
designated by the county clerk, at least ten days previous to the
date thereof. At the time the county clerk designates such place
of meeting he shall also mail a notice of the time and place_of
such meeting to each school director of the district. The school
directors present at such meeting shall organize by electing from
their number a chairman, a clerk and tv^o inspectors of election.
The school directors at such meeting shall designate a place for
holding future meetings.
2. The school directors of the several towns composing a
supervising district shall be a board of school directors, and such
board of directors shall meet at eleven o'clock in the forenoon on
the third Tuesday in August, nineteen hundred and eleven, and
on the third Tuesday in June every fifth year thereafter, and
elect a district superintendent of schools. The clerk of such
board shall give each director at least ten days' notice in writing
of the hour, date and place of such meeting.
3. If such directors fail to elect a district superintendent of
schools before the first day of eTanuary following the date of such
meeting, and a vacancy exists in such office, the county judge shall
appoint such superintendent who shall serve until the board of
directors shall fill such vacancy.
4. In the election of such district superintendent the vote shall
be by ballot and the person receiving a majority of all votes cast
shall be elected. Each school director shall be entitled to one
vote in such election.
5. The clerk of such board shall file a copy of the proceedings
of each meeting and each election, certified by himself and the
chairman, in the office of the clerk of the county in which such
meeting or election is held within three days after the close
thereof.
6. The county clerk on receipt of notice of the election of a
district superintendent of schools 'in any supervisory district of
his county shall deliver to the person elected a certificate of such
election attested by his signature with the seal of the county and
shall also transmit to the commissioner of education a duplicate
of such certificate of election.
§ 384. Qualifications of district superintendents.
1. To be eligible to election to the office of district superintend-
ent of schools a person must be at least twenty-one years of age,
a citizen of the United States and a resident of the state, but he
need not be a resident of tlw^ supervisory district for which he is
86 NEW YORK STATE EDUCATION DEPARTMENT
elected at the time of his election. Such superintendent mtttst
however, become a resident of the county containing the district
for which he has been elected on or before the date on which his
term of office begins. Failure to acquire such residence will be
deemed a removal from the county, i^o person shall be ineligible
on account of sex.
2. In addition thereto he must possess or be entitled to receive
a certificate authorizing him to teach in any of the public schools
of the state without further examination and he shall also pass an
examination prescribed by the commissioner of education on the
supervision of courses of study in agriculture and teaching the
same.
3. A district superintendent who is removed from office shall
not be eligible to election to such office in any supervisory district
for a period of five years.
§ 385. District superintendent must take oath of
office. A district superintendent of schools before entering
upon the discharge of the duties of his office, and not later than
five days after the date on which his term of office is to com-
mence, shall take the oath of office prescribed by the constitu-
tion. Such oath may be taken before a county clerk, a justic^e
of the peace, or a notary public and must be filed in the office of
the clerk of the county.
§ 386. Term of office of district superintendent.
The district superintendents elected in nineteen hundred and
eleven shall hold office until the first day of August, nineteen
hundred and sixteen. The full term of office of a district super-
intendent of schools elected in nineteen hundred and sixteen and
thereafter shall be five years and shall commence on the first day
of August next after his election. A district superintendent of
schools unless removed shall hold office until his successor is
chosen and qualified.
§ 387. Vacancies in the office of district superin-
tendent. The office of district superintendent of schools shal!
be vacant upon :
1. The death of an incumbent.
2. His removal from office by the commissioner of education.
3. His removal from the county.
4. His filing in the office of the clerk of the county his written
resignation.
5. His acceptance of the office of supervisor, town clerk or trus
tee of a school district.
t
EDUCATION LAW 87
6. His failure to take and file the oath of office as provided
in this article.
§ 388. Filling: vacancy in tlie office of district
superintendent. Whenever a vacancy occurs it shall be filled
for the remainder of the unexpired term by the board of school
directors. Upon direction of the commissioner of education the
clerk of the board in which the supervisory district having such
vacancy is located shall immediately call a special meeting of such
board for the purpose of electing a district superintendent. The
provisions of this title relative to the election generally of a
district superintendent of schools, including notices, filing of the
proceedings and all other matters relating to such an election, shall
apply to a special election to fill a vacancy in such office.
§ 389. Salary of district superintendent. 1. Each
district superintendent shall receive an annual salary from the
state of twelve hundred dollars, payable monthly by the commis-
sioner of education from moneys appropriated therefor.
2. The supervisors of the towns composing any supervisory dis-
trict may by adopting a resolution by a majority vote increase
the salary to be paid by such district to its district superintendent.
Such supervisors must thereupon file with the clerk of the board
of supervisors a certificate showing the amount of such increase.
The board of supervisors of each county shall levy such amount
annually by tax on the towns composing such supervisory district
within the county.
§ 390. Expense of district superintendents. The
commissioner of education shall quarterly audit and allow the
actual sworn expense incurred by each district superintendent of
schools in the performance of his official duties, but the amount
of such expense allowed shall not exceed in any year three hun-
dred dollars. Such expenses shall be paid by the commissioner
of education from moneys appropriated therefor
§ 391. Salary of district superintendent may be
ivithheld. The commissioner of education may, whenever
he is satisfied that a district superintendent of schools has per-
sistently neglected to perform an official duty, withhold payment
of the whole or any part of such superintendent's salary as it shall
become due and he may also withhold any sum to which such
superintendent shall be entitled for expenses and the amount
thus withheld shall be forfeited; but said commissioner may in
his discretion remit such forfeiture in whole or in part.
68 NEW YORK STATE EDUCATION DEPARTMENT
§ 392. Removal of district superintendent from
office. The commissioner of education may, by an order under
the seal of the education department, remove a district superin-
tendent of schools from office whenever he is satisfied that such
superintendent :
1. Has been guilty of immoral conduct;
2. Is incompetent to perform any official duty; or
3. Has persistently neglected or wilfully refused to perform
any lawful duty imposed upon him.
§ 393. District superintendent not to be interested
in certain business or to accept reivards, et cetera.
A district superintendent of schools shall not:
1. Be directly or indirectly interested otherwise than as author
in the sale, publication, or manufacture of school books, maps,
charts, or school apparatus or in the sale or manufacture of school
furniture or any other school or library supplies.
2. Be directly or indirectly interested in any contract made
by the trustees of a school district.
3. Be directly or indirectly interested in any agency or bureau
maintained to obtain or aid in obtaining positions for teachers or
superintendents.
4. Directly or indirectly receive any emolument, gift, pay, re-
ward or promise of pay or reward for recommending or procuring
the sale, use or adoption or aiding in procuring the sale, use or
adoption of any book, map, chart, school apparatus or furniture
or other supplies for any school or library or for recommending a
teacher or aiding a teacher in obtaining an appointment to teach.
§ 394. District superintendents not to engage in
other business. A district superintendent of schools shall
devote his whole time to the performance of the duties of his
office and shall not engage in any other occupation or profession.
Such time as shall not necessarily be devoted by a district
superintendent of schools to the performance of the clerical and
administrative work of his office shall be devoted to the visitation
and inspection of the schools maintained in his supervisory
district.
§ 395. General powers and duties of district
superintendent. A district superintendent of schools shall
have power and it shall be his duty :
1. To inquire from time to time into and ascertain whether the
boundaries of the school districts within his supervisory district
EDUCATION' LAW 89
are definitely and plainly described in the records of the office
of the proper town clerk ; and in case the record of the boundaries
of any school district shall be found indefinite or defective, or if
the same shall be in dispute, then to cause the same to be amended
or an amended record of the boundaries to be made. All neces-
sary expenses incurred in establishing such amended records shall
be a charge on the district or districts affected, to be audited and
allowed by the trustees thereof, on the certificate of the district
superintendent.
2. To assemble all the teachers of his district by towns or other-
wise on days other than legal holidays when schools are not in
session, for the purpose of conference on the course of study, for
reports of and advice and counsel in relation to discipline, school
management and other school work, and for promoting the general
good of all the schools of the district.
3. To frequently and thoroughly inspect the work done in the
training classes maintained in his district and to report to the
commissioner of education on the efficiency of the instruction
given and the observation and practice work done by the members
thereof.
4. To hold meetings of trustees and other school officers and to
advise with and counsel them in relation to their powers and
duties and particularly in relation to the repair, construction,
heating, ventilating and lighting of schoolhouses and improving
and adorning the school grounds. To especially advise trustees
relative to the employment of teachers, the adoption of textbooks
and the purchase of library books, school apparatus, furniture and
supplies.
5. To direct the trustees of any district to make any altera-
tions or repairs to the schoolhouses or outbuildings which shall,
in his opinion, be necessary for the health or comfort of the
pupils, but the amount which trustees shall be directed to expend
in such alterations or repairs shall not exceed two hundred dollars
in any one year.
6. To direct the trustees of any district to make any repairs
or alterations to school furniture, or where in his opinion any
furniture is unfit for use and not worth repairing, or when suf-
ficient furniture is. not provided, to direct that such new furniture
shall be provided as he deems necessary, but the amount thus
directed to be expended shall not exceed in any one year one hun-
dred dollars.
90 NEW YORK STATE EDUCATION DEPARTMENT
7. To direct the trustees of any district to abate any nuisance
in or on tlie school grounds.
8. To condemn a schoolhouse as provided elsewhere in this
chapter.
9. To examine and license teachers pursuant to the provisions
of this chapter. He shall also conduct such other examinations
as the commissioner of education shall direct.
10. To examine any charge affecting the moral character of
any teacher residing or employed within his district, and to re-
voke such teacher's certificate as elsewhere provided by this
chapter.
11. To take affidavits and administer oaths in all matters per-
taining to the public school system, but without charge or fee.
12. To take and report to the commissioner of education under
the direction of such commissioner testimony in a case on appeal.
In such a case or in any matter or proceeding to be heard or de-
termined by the district superintendent, he may issue a subpoena
CO compel the attendance of a witness. Service of such subpoena
shall be made a reasonable time before the date named therein for
the hearing, by exhibiting the same to the person so served, with
the signature of the district superintendent of schools attached,
and by leaving a copy thereof with such person. The witness
shall be entitled to receive at the time of service, the same fees as
provided by law for witnesses in a court of record. Disobedience
to such subpoena shall subject the delinquent to a penalty of
twenty-five dollars, which shall be recovered by the county treas-
urer in his name of office for the benefit of the county.
13. To exercise in his discretion any of the powers and per-
form any of the duties of another district superintendent on the
written request of such other superintendent, and he must exer-
cise such powers and perform such duties when directed to do so
by the commissioner of education.
14. To make such investigations and to make such reports to
the commissioner of education upon any matter or act as said
commissioner shall from time to time request. He shall make an
annual report on the first day of September in such form and giv-
ing such information as the commissioner of education shall re-
quire. For this purpose he shall procure the reports of trustees
of school districts from the town clerks' offices and after abstract-
ing the necessary contents thereof shall indorse and deposit them
with a copy of his abstract in the office oi the county clerk.
EDUCATION LAW 91
§ 396. District superintendent subject to the rules
of commissioner of educ&tion. A district superintendent
shall be subject to such rules and directions as the commissioner
of education shall from time to time prescribe. -
§ 397. Other duties of a district superintendent.
A district superintendent of schools shall, in addition to the
duties especially conferred upon him by this title, possess and bo
subject to all the powers, duties and responsibilities with which
a school commissioner is charged by law.
§ 398. Appeals from acts of district superintend-
ent, et cetera. Appeals from the official acts of a district
superintendent of schools or from his refusal or failure to act in
any matter in which he may legally act, may be taken to the com-
missioner of education, iill questions in controversy relating to
the election of such district superintendent or to the formation
of supervisory district shall be determined by the commissioner
of education on proper appeal. The provisions of article fourteen
of this chapter shall apply to and govern such appeals and de-
cisions therein.*
ARTICLE 15
Assessment and Collection of Taxes
Section 410. Assessment of taxes.
411. Property to be assessed.
412. Ascertainment of valuations.
413. Power of trustees to determine values.
414. Equalization within joint districts.
415. Assessment of vacant land.
416. Persons working land on shares and vendees in pos-
session liable to taxation.
417. Liability of property of certain absentee owners.
418. Certain exemptions from tax for building school-
house.
419. Right of certain tenants to charge tax to landlord.
420. Pequisites and authority of collector's warrant.
421. Time for delivery of warrant to collector.
422. Jurisdiction of collector.
423. Renewals of warrants.
* L. 1910, chap. 607, § 2. Sections three hundred and eighty-one and three
hundred and eighty-two of this article hereby amended shall take effect on
the first day of July, nineteen hundred and ten. Section three hundred and
eighty-three of such article shall take effect on the first day of April, nineteen
hundred and eleven. All other provisions of such article shall take effect
on the first day of January, nineteen hundred and twelve.
92 NEW YOEK STATE EDUCATION DEPARTMENT
Section 424. Amendment of tax-lists.
425. Collector's notice.
426. Collector's fees.
427. l^otice to railroad companies of assessment and tax.
428. Payment of tax by railroad company to county
treasurer.
429. Duty of collector after failure of railroad company
to pay within thirty days.
430. Payment of tax by county treasurer to collector.
' • 431. Railroad company may pay collector.
432. Trustees' right of action to recover tax.
433. Collector's return of impaid taxes.
434. Certification by trustees of collector's return.
435. Payment of unpaid taxes from county treasury.
436. Levy by supervisors of unpaid taxes.
437. Payment before levy.
438. Proceedings for collection same as of county taxes.
439. Filing tax-list and warrant with town clerk.
440. Assessment for school purposes of certain state
lands.
§ 410. Assessment of taxes. Immediately after a tax
shall have been voted by a district meeting, for a purpose arising
during the current school year the trustees shall assess it, and make
out the tax-list therefor, and annex thereto their warrant for its
collection. Where a tax is voted at an annual school meeting foi
school purposes during the following school year the said trustees
shall prepare their tax-list therefor and annex thereto their warrant
for its collection within thirty days after August first. But they
may at the same time assess two or more taxes so voted, and any
taxes they are authorized to raise without such vote, and make out
one tax-list and one warrant for the collection of the whole. They
shall prefix to their tax-list a heading showing for what purpose
the different items of the tax are levied. [Amended by L. 1911,
ch. 830.]
§ 411. Property to be assessed. 1. School district taxes
shall be apportioned by the trustees upon all real estate within
the boundaries of the district which shall not be by law exempt
from taxation, except as hereinafter provid€d, and such property
shall be assessed to the person or corporation owning or possessing
the same at the time such tax-list shall be made out.
2. The trustees shall also apportion the district taxes upon all
persons residing in the district, and upon all corporations liable !•
EDUCATION LAW 93
taxation therein, for the personal estate owned by them and liable
to taxation.
3. Land lying in one body and occupied by the same person,
either as owner or agent for the same principal, or as tenant under
the same landlord, if assessed as one lot on the last assessment-roll
of the town after revision by the assessors, shall, though situated
partly in two or more school districts, be taxable in that one of
them in which such occupant resides. This rule shall not apply to
land owned by non-residents of the district, and which shall not be
occupied by an agent, servant or tenant residing in the district.
Such unoccupied real estate shall be assessed as non-resident, and
a description thereof shall be entered in the tax-list.
§ 412. Ascertainment of valuations. The valuations
of taxable property shall be ascertained, so far as possible, from
the last assessment-roll of the town, after revision by the assessors ;
and no person shall be entitled to any reduction in the valuation
of such property, as so ascertained, unless he shall give notice of
bis claim to such reduction in writing to the trustees of the dis-
trict before the tax-list shall be made out.
§ 413. Power of trustees to determine values. The
trnstees of a district shall ascertain the true value of the property
to be taxed from the best evidence in their power, giving notice
ro the persons interested, and proceeding in the same manner as
t he town assessors are required by law to proceed in the valuation
of taxable property, the hearing of grievances, and the revision of
the to^vn assessment-roll in the following cases:
1. When a reduction shall be duly claimed and where the val-
uation of taxable property cannot be ascertained from the last
completed assessment-roll of the town;
2. When the valuation of such property shall have increased or
diminished since the last assessment-roll of the town was com-
pleted ;
3. When an error, mistake, or omission on the part of the town
assessors shall have been made in the description or valuation of
taxable property.
§ 414. Equalization ivitliin joint districts. When a
district embraces parts of two or more towns, the supervisors of
such towns shall, upon receiving a written notice from the trustees
of such district, or from three or more persons liable to pay taxes
upon real estate therein, meet at a time and place to be named in
such notice, which time shall not be less than five or more than
94? NEW YORK STATE EDUCATION DEPAKTMEJST
ten days from the service thereof, and a place within the boimdg
of the towns so in part embraced, and proceed to inquire and de-
termine whether the valuation of real property upon the several
assessment-rolls of said towns is substantially just as compared
with each other.
2. If it is ascertained that sach assessments are not relatively
equal such supervisor shall determine the relative proportion of
taxes that ought to be assessed upon the real property of the parts
of such district lying in different towns, and the trustees of such
district shall thereupon assess the proportion of any tax thereafter
to be raised, according to the determination of such supervisors,
until new assessment-rolls of the town shall be perfected and filed,
using the assessment-rolls of the se^'eral towns to distribute the
said proportion among the persons liable to be assessed for the
same.
3. If such supervisors shall be unable to agree, they shall sum-
mon a supervisor from some adjoining town who shall meet with
them and unite in such inquiry and the finding of a majority
shall be the determination of such meeting.
4. Such supervisors shall receive for their services three dollars
per day for each day actually employed which shall be a town
charge upon their respective towns.
§ 415. Assessment of vacant land. When any real es-
tate within a district so liable to taxation shall not be occupied
and improved by the owner, his servant or agent, and shall not
be possessed by any tenant, the trustees of any district, at the
time of making out any tax-list by which any tax shall be
imposed thereon, shall make and insert in such tax-list a statement
and description of every such lot, piece or parcel of land so owned
by nonresidents therein, in the same manner as required by law
from town assessors in making out the assessment-roll of their
towns ; and if any such lot is known to belong to an incorporated
company liable to taxation in such district, the name of such com-
pany shall be specified, and the valu.e of such lot or piece of land
shall be set down opposite to such description, which value shall be
the same that was affixed to such lot or piece of land in the last
assessment-roll of the town ; and if the same was not separately
valued in such roll, then it shall be valued in proportion to the
valuation which was affixed in the said assessment-roll to the whole
tract of which such lot or piece shall be part.
EDUCATION LAW U5
§ 416. Persons xtrorking land on shares and vendees
ill possession liable to taxation. Any person working
land under a contract for a share of the produce of such land,
shall be deemed the possessor, so far as to render him liable
to taxation therefor, in the district where such land is situate, and
any person in possession of real property under a contract for the
purchase thereof shall be liable to taxation therefor in the district
where such real property is situated.
§ 417. liiability of property of certain absentee
oivners. Every person owning or holding any real property
within any school district, who shall improve and occupy the
same by his agent or servant, shall, in respect to the liability of
such property to taxation, be considered a taxable inhabitant of
such district, in the same manner as if he actually resided
therein.
§ 418. Certain exemptions from tax for building
school-bouse. Every taxable inhabitant of a district who
shall have been, within four years, set off from any other district,
without his consent, and shall within that period, have actually
paid in such other district, under a lawful assessment therein, a
district tax for building a school-house, shall be exempted by the
t/ustees of the district where he shall reside, from the payment
of any tax for building a school-house therein.
§ 419. Right of certain tenants to charge tax to
landlord. Where any district tax, for the purpose of pur-
chasing a site for a school-house, or for purchasing or building,
keeping in repair, or furnishing such school-house with necessary
fuel and appurtenances, shall be lawfully assessed, and paid by
any person on account of any real property whereof he is only a
tenant at will, or for three years, or for a less period of time, such
tenant may charge the owner of such real estate with the amount
of the tax so paid by him, unless some agreement to the contrary
shall have been made by such tenant.
§ 420. Requisites and authority of collector's war-
rant. The *warant for the collection of a district tax shall bo
under the hands of the trustees, or a majority of them, with or
without their seals ; and it shall have the like force and effect as a
warrant issued by a board of supervisors to a collector of taxes in
the town ; and the collector to whom it may be delivered for col-
lection shall be thereby authorized and required to collect from
* So in original.
96 NEW YOEK STATE EDUCATION DEPARTMENT
every person in such tax-list named the sum set opposite to his
name, or the amount due from any person specified therein, in
the same manner that collectors are authorized to collect town and
county taxes.
§ 421. Time for delivery of ivarrant to collector.
1. A warrant for the collection of a tax voted by the district shall
not be delivered to the collector until the thirty-first day after the
tax was voted.
2. A warrant for the collection of a tax authorized by law with-
out a vote of the district may be delivered to the collector when-
ever the same is completed.
§ 422. Jurisdiction of collector. Any collector to whom
any tax-list and warrant may be delivered for collection may exe-
cute the same in any other district or town in the same county,
or in any other county where the district is a joint district and
composed of territory from adjoining counties, in the same mari-
ner and with the like authority as in the district in which the
trustees issuing the said warrant may reside, and for the benefit
of which said tax is intended to be collected ; and the bond or
sureties of any collector, given for the faithful performance of
his official duties, are hereby declared and made liable for any
moneys received or collected on any such tax-list and warrant.
§ 423. Renewals of warrants. If the sum of money,
payable by any person named in such tax-lists, shall not be paid
by him or collected by such warrant within the time therein
limited, it shall be lawful for the trustees to renew such warrant
in respect to such delinquent person; and whenever more than
one renewal of a warrant for the collection of any tax-list may
become necessary in any district, the trustees may make such
further renewal, with the written approval of the supervisor of
any town in which a school-house of said district may be located,
to be indorsed upon such warrant.
§ 424. Amendment of tax-lists. Whenever the trustees
of any school district shall discover any error in a tax-list made
out by them, they may, with the approval and consent of the
commissioner of education, after refunding any amount that may
have been improperly collected on such tax-list, if the same shall
be required by him, amend and correct such tax-list, as directed
by the commissioner, in conformity to law.
§425. Collector's notice. 1. The collector, on the receipt
of a warrant for the collection of taxes, shall give notice to thr
EDUCATIOIT LAW 97
taxpayers of the district by publicly posting written or printed,
or partly written and partly printed, notices in at least three pub-
lic places in such district, one of which shall be on the outside of
the front door of the school-house, stating that he has received
such warrant and will receive all such taxes as may be voluntarily
paid to him within thirty days from the time of posting said
notice.
2. Such collector shall also give a like notice, either personally
or by mail, at least twenty days previous to the expiration of the
thirty days aforesaid, to the president, secretary, general or di-
vision superintendent, or manager of any canal or pipe line,
assessed for taxes upon the tax-list delivered to him with the
aforesaid warrant.
3. Such collector shall also give a like notice to all nonresident
taxpayers on said list whose tax amounts to one dollar or more and
whose residence or post-office address may be known to such col-
lector, or may be ascertained by him upon inquiry of the trustees
and clerk of his district.
4. No school collector shall be entitled to recover from any rail-
road corporation, canal company or pipe line, or nonresident tax-
payer more than one per centum fees on the taxes assessed against
such corporation or nonresident, unless such notice shall have been
given as aforesaid ; and in case the whole amount of taxes shall not
be so paid in, the collector shall forthwith proceed to collect the
Bame.
§ 426. Collector's fees. The collector shall receive for
his services on all sums paid in as aforesaid, one per centum, and
upon all sums collected by him, after the expiration of the time
mentioned, five per centum, except as hereinbefore provided ; and
in case a levy and sale shall be necessarily made by such col-
lector, he shall be entitled to traveling fees, at the rate of ten
cents per mile, to be computed from the school-house in such dis-
trict.
§ 427. Notice to railroad companies of assessment
and tax. 1. It shall be the duty of the school collector in each
school district in this state, within five days after the receipt by
such collector of any arid every tax or assessment roll of his dis-
trict, to prepare and deliver to the county treasurer of the county
in which such district, or the greater part thereof, is situated, a
statement showing the name of each railroad company, appearing
98 KEW yOEK STATE EDUCATION DEPARTME^^'T
in said roll, the assessment against each of said companies for
real and personal property respectively, and the tax against each
of said companies.
2. It shall thereupon be the duty of such county treasurer, im-
mediately after the receipt by him of such statement from such
school collector, to notify the ticket agent of any such railroad
company assessed for taxes at the station nearest to the office of
such county treasurer, personally or by mail, of the fact that such
statement has been filed with him by such collector, at the same
time specifying the amount of tax to be paid by such railroad
company.
§ 428. Payment of tax by railroad company to
county treasurer. Any railroad company heretofore organ-
ized, or which may hereafter be organized, under the laws of this
state, may within thirty days after the receipt of such statement
by such county treasurer, pay the amount of tax so levied or as-
sessed against it in such district and in such statement mentioned
and contained with one per centum fees thereon, to such county
treasurer, who is hereby authorized and directed to receive such
amount and to give proper receipt therefor.
§ 429. Duty of collector after failure of railroad
company to pay witliin thirty days. In case any rail-
road company shall fail to pay such tax within said thirty days, it
shall be the duty of such county treasurer to notify the collector
of the school district in which such delinquent railroad company
is assessed, of its failure to pay said tax, and upon receipt of such
notice it shall be the duty of such collector to collect such unpaid
tax in the manner now provided by law together with five per
centum fees thereon; but no school collector shall collect by dis-
tress and sale any tax levied or assessed in his district upon the
property of any railroad company until the receipt by him of such
notice from the county treasurer.
§ 430. Payment of tax liy county treasurer to col-
lector. The several amounts of tax received by any county
treasurer in this state, under the provisions of the last three
sections, of and from railroad companies, shall be by such county
treasurer placed to the credit of the school district for or on ac-
count of which the same was levied or assessed, and on demand
paid over to the school collector thereof, and the one per centum
fees received therewith shall be placed to the credit of, and on
demand paid to, the scliGol collector of such school district.
febtJCAl'lOX LAW DD
§ 431. Railroad company may pay collector. N^oth-
ing in the last four sections contained shall be construed to hinder,
prevent or prohibit any railroad company from paying its school
tax to the school collector direct, as provided by law.
§ 432. Trustees' right of action to recover tax."
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.
§ 433. Collector's return of unpaid taxes. If any
tax on real estate placed upon the tax-list and duly delivered
to the collector, or the taxes upon nonresident stockholders in
banking associations organized under the laws of congress, shall
be unpaid at the time the collector is required by law to return
his warrant, he shall deliver to the trustees of the district an
account of the taxes • remaining due, containing a description of
the lands upon which such taxes were unpaid as the same were
placed upon the tax-list, together with the amount of the tax so
assessed, and upon making oath before any justice of the peace
or judge of a court of record, notary public or any other officer
authorized to administer oaths, that the taxes mentioned in any
such account remain unpaid, and that, after diligent efforts, he
has been unable to collect the same, he shall be credited by said
trustees with the amount thereof.
§ 434. Certification by trustees of collector's re-
turn. Upon receiving any such account from the collector,
the trustees shall compare it with the original tax-list, and if they
find it to be a true transcript they shall add to such account their
certificate to the effect that they have compared it with the
original tax-list and found it to be correct, and shall immediately
transmit the account, affidavit and certificate to the treasurer of
the county.
§ 435. Payment of unpaid taxes from county
treasury. Out of any moneys in the county treasury, raised
for contingent expenses, or for the purpose of paying the amount
of the taxes so returned unpaid, the treasurer shall pay to the
district treasurer, if there be such an officer, otherwise to the col-
lector, the amount of the taxes so returned as unpaid, and if there
4
100 KEW YORK STATE EDUCATION DEPARTMENT
are no moneys in the treasury applicable to such purpose, the
board of supervisors, at the time of levying said unpaid taxes, as
provided in the next section, shall pay to the district treasurer,
if there be such an officer, otherwise to the collector of the school
district the amount thereof, by voucher or draft on the county
treasurer, in the same manner as other county charges are paid,
and the collector shall be again charged therewith by the trustees.
(Thus amended hj L.'ldlO, ch. 284, in effect May 13, 1910.)
§ 436. Levy by supervisors of unpaid taxes. Such
account, affidavit and certificate shall be laid by the county treas-
urer before the board of supervisors of the county, who shall cause
the amount of such unpaid taxes, with seven per centum of
the amount in addition thereto, to be levied upon the lands upon
which the same were imposed ; and if imposed upon the lands of
any incorporated company, then upon such company; and when
collected the same shall be returned to the county treasurer to re-
imburse the amount so advanced, with the expenses of collection.
§ 437. Payment before levy. Any person whose lands
are included in any such account may pay the tax assessed
thereon, with five per centum added thereto, to the county treas-
urer, at any time before the board of supervisors shall have di-
rected the same to be levied.
§ 438. Proceedings for collection same as of county
taxes. The same proceedings in all respects shall be had for
the collection of the amount so directed to be raised by the
board of supervisors as are provided by law in relation to the
county taxes ; and, upon a similar account, as in the case of county
taxes of the arrears thereof uncollected, being transmitted by the
county treasurer to the comptroller, the same shall be paid on
his warrant to the treasurer of the county advancing the same;
and the amount so assumed by the state shall be collected for its
benefit, in the manner prescribed by law in respect to the arrears
of county taxes upon land of nonresidents; or if any part of
the amount so assumed consisted of a tax upon any incorporated
company, the same proceedings may also be had for the collec-
tion thereof as provided by law in respect to the county taxes
assessed upon such company.
§ 439. Filing tax-list and warrant with town clerk.
Within fifteen days after any tax-list and warrant shall have
been returned by a collector to, the trustees of any school district,
the trustees shall deliver the same to the town clerk of the town
EDUCATION law: {^^ ' ] Y/ :' '^ ^j ^^^Id^r.
in which the collector resides, and said town clerk -shall file the
same in his office.
§ 440. Assessment for school purposes of certain
state lands. 1. The board of education of union free school
district number one, town of Dannemora, in the county of Clinton,
shall hereafter assess the property owned by the state and situate
within the boundaries of said district, exclusive of the improve-
ments erected thereon by the state at the same valuation as other
lands in said district are assessed, and the comptroller shall here-
after pay to the school authorities of such district the amount of
taxes levied upon the land of the state for school purposes in such
district by virtue of this section, out of any moneys hereafter
appropriated by the legislature for the payment of assessments for
local improvements on property owned by the state.
2. The local school authorities of union free school district num-
ber two of the town of Wawarsing, Ulster county, districts numbers
six and eight of the town of Dover, Dutchess county, and of school
districts in the county of Rockland shall hereafter assess the lands
owned by the state of ISTew York and situate within the boundaries
of said districts, exclusive of the improvements, if any, erected
thereon by the state, at the same valuation as similar lands of
individuals in said districts are assessed and the comptroller shall
hereafter credit to the treasurer of the coimty wherein such lands
are situated the amount of taxes levied upon the lands of the state
therein for school purposes from taxes payable by said county
treasurer each year to the state for state taxes levied and assessed
upon the taxable property of the towns in which such districts are
located and upon the adjustment of such taxes so made, the said
county treasurer shall pay to the collector of taxes of the school
districts in which such lands are situated the amount of such taxes
as allowed and so paid by the state. [Amended hy L, 1911, ch.
593.]
3. After a tax has been voted by a district meeting in a district
specified in the preceding subdivision, in which there is land
owned by the state and the trustees have made the assessment and
their tax-list therefor, such trustees shall immediately file in the
office of the comptroller a duly verified copy of such tax list, which
in addition to the other matters now required by law shall state
which are lands belonging to the state. The comptroller shall
within thirty days after the receipt of such list and after hearing
the trustees, if they or any of them so desire, correct or reduce any
t c re
10^', .1 f v.;l!fW: Y^Bi; siATE education department
assessment of state lands which may be in his judgment an unfair
proportion to the remaining assessment of land within the dis-
trict, and shall in other respects approve the assessment and com-
municate such approval to the trustees. No such assessment of
state lands shall be valid for any purpose until the amount of the
assessment is approved by the comptroller.
ARTICLE 16
School Building's and Sites
Section 450. 'No school-house shall be built on town line.
451. Plans and specifications of ^new school buildings
must be approved by commissioner of education.
452. Halls, doors, stairways, staircases, etc.
453. Fire escapes.
454. TJso of school buildings for examinations and
institutes.
455. Use of school-house out of school hours.
456. Condemnation of school-house and erection of new
school-house in place thereof.
457. Provision for outbuildings.
458. When board of education may designate site without
vote of district.
459. Change of site.
460. Site, how designated.
461. Sale of former school-house or site.
462. Application of proceeds of sale.
463. Acquisition of real property.
464. When owner's consent necessary.
465. Vesting of title of lands in certain cases.
466. Application to certain districts.
467. School taxes and school bonds.
§ 450. No school-house shall be built on town line.
No school-house shall be built so as to stand on the division line
of any two towns.
§ 451. Plans and specifications of school buildings
must be approved by commissioner of education. 1.
TsTo school-house' shall hereafter be erected, repaired, enlarged or
remodeled in a city of the third class or in a school district, at an
* So in original.
EDUCATION LAW 103
expense which shall exceed five hundred dollars, until the plana
and specifications thereof shall have been submitted to the com-
missioner of education and his approval indorsed thereon. Such
plans and specifications shall show in detail the ventilation, 4ieftt—
ing and lighting of such buildings.
2. The commissioner of education shall not approve the plans
for the erection of any school building or addition thereto or
remodeling thereof unless the same shall provide
a. At least fifteen square feet of floor space and two hundred
cubic feet of air space for each pupil to be accommodated in each
study or recitation room tLerein.
b. For assuring at least thirty cubic feet of pure air every
minute per pupil, and
c. The facilities for exhausting the foul or vitiated air therein
shall be positive and independent of atmospheric changes.
o. 'No tax voted by a district meeting or other competent
authority in any such city, or school district exceeding the sum
of five hundred dollars, shall be levied by the trustees until the
commissioner of education shall certify that the plans and speci-
fications for the same comply with the provisions of this section.
§ 452. Halls, doors, stair-ivays, staircases, etc. I.
All school-houses for which plans and detailed statements shall
be filed and approved, as required by the preceding section shall
have all halls, doors, stairways, seats, passage-ways and aisles and
all lighting and heating appliances and apparatus arranged to
facilitate egress and afford adequate protection in cases of fire or
accident.
2. All exit doors shall open outwardly, and shall, if double
doors be used, be fastened with movable bolts operated simul-
taneously by one handle from the inner face of the door.
3. No staircase shall be constructed with winder steps in lieu
of a platform but shall be constructed with straight runs, changes
in direction being made by platforms. No door shall open im-
mediately upon a flight of stairs, but a landing at least the
width of the door shall be provided between such stairs and such
doorway.
§ 453. Fire escapes. 1. All school buildings in the state,
except in the city of New York, which are more than two stories
high, shall have properly constructed stairways on the outside
thereof, with suitable doorways leading thereto, from each story
above the first, for iise in case of fire. Such stairways shall be
104 NEW YORK STATE EDUCATION DEPARTMENT
kept in good order and free from obstruction, and shall not bo
bolted or locked during school hours.
2. It shall be the duty of the trustee or board of education
having charge of said school buildings to cause such stairways to
be constructed and maintained, and the reasonable and proper
cost thereof shall in each case be a legal charge upon the district
or city, and shall be raised by tax, as other moneys are raised
for school purposes.
§ 454. Use of school buildings for examinations
and institutes. 1. The use of a school building shall be
granted for any examination or teachers institute appointed by
the commissioner of education upon the request of the school com-
missioner in whose school commissioner district or the superin-
tendent of the city in which such building is located or upon the
direction or order of such commissioner of education.
2. No charge shall be made therefor except when such building
is used for a teachers institute, in which case a reasonable allow-
ance may be made to said district or city for lighting, heating
and janitor service, provided always that due and proper care
shall be maintained and the school building be left in such con-
dition as found in relation to cleanliness and neatness.
§ 455. Use of school-liouse out of school hours. The
trustees may permit the school-house, when not in use for the dis-
trict school, to be used by persons assembling therein for the pur-
pose of giving and receiving instruction in any branch of
education or learning, or In the science or practice of music.
§ 456. Condemnation of school-house and erection
of nejv school-house in place thereof. 1. A school com-
missioner may make an order condemning a school-house, if he
finds upon examination that such school-house is wholly unfit for
use and not worth repairing. He shall deliver such order to a
trustee of the district and transmit a copy thereof to the commis-
sioner of education. He shall also state in such order the date
on which it shall take effect and the sum which in his opinion
will be necessary to erect a school building suitable to the needs
of the district.
2. Immediately upon the receipt of said order, the trustees of
such district shall call a special meeting of the voters of said
district, to consider the question of building a new school-house
therein. Such meeting shall have power to determine the size of
said school-house, the material to be used in its erection, and to
EDUCATION LAW 105
Tote a tax to build the same. But such meetiug shall have no
power to reduce the estimate made by the commissioner aforesaid
by more than twenty-five per centum of such estimate.
3. And where no tax for building such school-house shall have-
been voted by such district within thirty days from the time of
holding- the first meeting to consider the question, it shall be the
duty of the trustees of such district to contract for the building
of a school-house capable of accommodating th6 children of the
district, and to levy a tax to pay for the same, which tax shall
not exceed the sum estimated as necessary by the commissioner
aforesaid, and which shall not be less than such estimated sum
by more than twenty-five per centum thereof. But such estimated
sum may be increased at any subsequent school meeting legally
held in the district.
§ 457. Provision for outbuildings. 1. The trustees in
the several school districts shall provide at least two suitable and
convenient water-closets or privies for each of the schools under
their charge, which shall be entirely separated each from the
other, and have separate means of access, and approaches thereto
separated by a substantial close fence not less than seven feet in
height. It shall also be the duty of trustees to keep such out
buildings in a clean and wholesome condition.
2. The board of education of each union free school district
and of a city shall provide and maintain at least two suitable
and convenient water-closets or privies for each of the schools
under their charge, and in conformity with the provisions of
this section.
3. Any expense incurred by the trustees of a common school
district in carrying out the requirements of this section shall be
a charge upon the district, when such expense shall have been
authorized by the school commissioner within whose district the
school house is located, and a tax may be levied therefor without
a vote of the school district. Any expense incurred by the board
of education in carrying out the foregoing provisions shall be a
charge upon the district or city and payable out of any of the
contingent funds thereof ; and a tax may be levied therefor with-
out a vote of the district.
4. A failure on the part of the trustees or a board of education
to comply with the provisions of this section shall be sufficient
grounds for their removal from office and for withholding from
the district or city its share of the public moneys of the state.
106 ISEW YORK STATE EDUCATION DEPAKTME^nIT
§ 458. WTieii board of education may designate
site without vote of district. A board of education in a
union free school containing a population of Hvc thousand or
more may, without a vote of the qualified voters of said district,
designate sites or additions thereto for school-houses.
§ 459. Change of site. :N'o site of a school-house shall be
changed unless a majority of the legal voters present and voting
ai a district meeting shall adopt a resolution designating a new
site and describing such site by metes and bounds. Such resolu-
tion shall be adopted either by ballot or taking and recording
the ayes and noes.
§ 460. Site, how designated. The designation of a site
by any school district meeting shall be by written resolution con-
taining a description thereof by metes and bounds, and such reso-
lution must receive the assent of a majority of the qualified voters
present and voting at said meeting, to be ascertained by taking
and recording the ayes and noes, or by ballot.
§ 461. Sale of former school-house or site. 1. When-
ever the site of a school-house shall have been changed, as herein
provided, the inhabitants of a district entitled to vote, lawfully
assembled at any district meeting, shall have power, by a majority
of the votes of those present, to direct the sale of the former
site or lot, and the buildings thereon and appurtenances or any
part th(>reof, 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 clothe<l
with all the powers of trustees, and the title to any and all lands
acquired in any city under the provisions of section four hundred
and sixty-three of this chapter shall vest in the board of educa-
tion thereof, or such other corporate body as is by law vested
with the title to the school lands in such city. But nothing herein
108 aj:w yokk state educatiox departmeat
contained shall be construed to limit or circumscribe the powers
and duties heretofore lodged in such board of education by law.
§ 466. Application to certain districts. The pro-
vision of section four hundred and sixty-three of this article
shall apply to union free school districts and to districts organized
under special laws; and the trustees of such districts and the
boards of education organized under special laws shall be and
are hereby clothed with all the powers vested in trustees in the
three preceding sections.
§ 467. School taxes and school bonds. 1. A majority
of the voters of any school district, present at any annual or
special district meeting, duly convened, may authorize such
acts and vote such taxes as they shall deem expedient for making
additions, alterations, repairs or improvements to the sites or
buildings belonging to the district, or for the purchase of other
sites or buildings or for a change of sites or for the erection of
new buildings, or for buying apparatus, or fixtures, or for paying
^hc wages of teachers and the necessary expenses of the school, or
for such other purpose relating to the support and welfare of the
school as they may, by resolution, approve.
2. On all propositions arising at said meetings involving the
expenditure of money, or authorizing the levy of a tax in one
sum or by instalments, the vote thereon shall be by ballot, or
ascertained by taking and recording the ayes and noes of such
qualified voters attending and voting at such meetings; and they
may direct the moneys so voted to be levied in one sum, or by
instalments.
3. 'No addition to or change of site or purchase of a new site
or tax for the purchase of any new site or structure, or for the
purchase of an addition to the site of any school-house, or for
building any new school-house or for the erection of an addition
to any school-house already built, shall be voted at any such meet-
ing in a union free school district unless a notice by the board of
education stating that such tax will be proposed, and specifying
the object thereof and the amount to be expended therefor, shall
have been given in the manner provided herein for the notice of an
annual meeting. In a common school district the notice of a
special meeting to authorize any of the improvements enumerated
in this section shall be given as provided in section one hundred
and ninety-seven.
EDUCATION LAW 109
4. And wllene^'er a tax for any of the objects hereinbefore
specified shall be legally voted the board of trustees or board
of education shall make out their tax list, and attach their war-
rant thereto, in the manner provided in article fifteen of this
chapter, for the collection of school district taxes, and shall cause
such taxes or such instalments to be collected at such times as they
shall become due.
5. 'No vote to raise money shall be rescinded, nor the amount
thereof be reduced at any subsequent meeting, unless it be an
adjourned meeting or a meeting called by regular and legal notice,
which shall specify the proposed action, and at which the vote
upon said proposed reduction or rescinding shall be taken by ballot
or by taking and recording the ayes and noes of the qualified
voters attending and voting thereat.
ARTICLE 17
School District Bonds
§ 480. Issuance of school district bonds. 1. For the
purpose of giving effect to the provisions of section four hundred
and sixty-seven of this chapter, trustees or boards of education
are hereby authorized, whenever a tax shall have been voted to be
collected in instalments for the purpose of building a new school-
house or building an addition to a school-house, or making addi-
tions, alterations or improvements to buildings or structures
belonging to the district or city, or for the purchase of a new site
or for an addition to a site, to borrow so much of the sum voted
as may be necessary at a rate of interest not exceeding six per
centum, and to issue bonds or other evidences of indebtedness
therefor, which shall be a charge upon the district, and be paid at
maturity, and which shall not be sold below par.
2. [N'otice of the time and place of the sale of such bonds shall
be given by the trustees or board of education at least ten days
prior thereto by publication twice in two newspapers, if there be
two, or in one newspaper if there be but one published in such
district. But if no newspaper shall then be published therein,
the said notice shall be posted in at least ten of the most public
places in said district ten days before the sale.
3. It shall be the duty of the trustees or the persons having
charge of the issue or payment of such indebtedness, to transmit a
statement thereof to the clerk of the board of supervisors of the
110 NEW YORK STATE EDUCATION DEPARTMENT
county in which such indebtedness is created, annnallj, on or
before the first day of ISTovember.
4. When such bonds are sold by a union free school district
whose boundaries are the same as the boundaries of an incorpo-
rated village or city, such bonds shall be signed by the president
and clerk of the board of education and delivered to the treasurer
of such village or city who shall countersign them and give notice
of the sale thereof in like manner as is provided for the notice
of sale of bonds in subdivision two of this section. The proceed?
of the sale of such bonds shall be paid into the treasury of said
incorporated village or city, to the credit of the board of education.
5. When such bonds are sold by a common school district the
payment or collection of the last instalment shall not be extended
beyond twenty years from the time such vote was taken.
ARTICLE 18
Scliool Moneys
Section 490. When apportioned and how applied.
491. Apportionment of moneys appropriated for the sup-
port of common schools.
492. Conditions under which cities and districts are en-
titled to an apportionment from the appropria-
tion for the support of common schools.
493. Apportionment of moneys appropriated to cities,
academies, academic departments and school
libraries.
494. Manner of certifying and paying apportionment
provided for in preceding section.
49'5. County treasurers to render annual report.
496. Certificate of apportionment by commissioner of
education.
497. Moneys apportioned, when payable.
498. Apportionment of school moneys by school commis-
sioners.
499. Duty of and payment to supervisor.
500. Power of comptroller to withhold payment of school
moneys.
501. LTnion free school district and city, a school
district.
502. Apportionment for support of training classes.
EDUCATION I.AW 111
§ 490. When apportioned and liow applied. The
amount annually appropriated by the legislature for the support
of common schools shall be apportioned by the commissioner of
education on or before the twentieth day of January in each-year
as hereinafter provided ; and all moneys so apportioned shall be
apj^lied exclusively to the payment of teachers' salaries.
§ 491. Apportionment of moneys appropriated for
the support of common schools. After setting apart there-
from for a contingent fund not more than ten thousand dollars,
the commissioner of education shall apportion the money appro-
priated for the support of common schools :
1. To each city and to each union school district which has a
population of five thousand and which employs a superintendent
of schools, eight hundred dollars. This shall be known as a super-
vision quota.
2. To each district having an assessed valuation of twenty
thousand dollars or less, two hundred dollars.
o. To each district having an assessed valuation of forty thou-
sand dollars or less, but exceeding twenty thousand dollars, one
hundred and seventy-five dollars.
4. To each district having an assessed valuation of sixty thou-
sand dollars or less, but exceeding forty thousand dollars, and
to each Indian reservation for each teacher employed therein for
a period of one hundred and sixty days or more, one hundred
fifty dollars.
5. To each of the orphan asylums which meet the conditions
mentioned in article thirty-five of this chapter, one hundred and
twenty-five dollars.
6. To each of the remaining districts and to each of the cities
in the state one hundred twenty-five dollars. The apportionment
l)rovided for by subdivisions two, three, four, five and six shall
be known as district quotas.
7. To each such district, city and orphan asylum for each addi-
tional qualified teacher and his successors by whom the common
schools have been taught during the period of time required by
law, one hundred dollars. The apportionment provided for by
this subdivision shall be knowTi as the teacher's quota.
8. To a school district which has failed to maintain school for
one hundred sixty days or Avhich has employed an extra teacher
for a shorter period than one hundred sixty days such part of
a district or teacher's quota as seems to him equitable when the
112 iS^EW YOKK STATE EDUCATION DEPARTMENT
reason for such failure is in his judgment sufficient to warrant
such action.
9. To each separate neighborhood such sum as in his opinion
it is equitably entitled to receive upon the basis of distribution
established by this article.
10. All errors or omissions in the apportionment whether made
by the commissioner of education or by the school commissioner
shall be corrected by the commissioner of education. Whenever
a school district has been apportioned less money than that to
which it is entitled the commissioner of education may allot to
such district the balance to which it is in his judgment entitled
and the same shall be paid from the contingent fund. Whenever
a school district has been apportioned more money than that to
which it is entitled the commissioner of education may, by an
order under his hand, direct such moneys to be paid back into the
hands of the county treasurer by him to be credited to the school
fund, or he may deduct such amount from the next apportionment
to be made to said district.
11. The commissioner of education may also in his discretion
excuse the default of a trustee or a board of education in employ-
ing a teacher not legally qualified, legalize the time so taught and
authorize the pa^Tnent of the salary of such teacher.
§ 492. Conditions under ivhicli cities and districts
are entitled to an apportionment from the appro-
priation for the support of common schools. 1. The
commissioner of education shall make no allotment of a super-
vision quota to any city or district unless satisfied that such city
or district employs a competent superintendent whose time is
exclusively devoted to the supervision of the public schools of
such city or district; nor shall he make any allotment to any
district in tbe first instance without first causing an enumeration
of the inhabitants to be made which shall show the population
thereof to be at least five thousand, tlie expense of such enumera-
tion, as certified by said commissioner, shall be paid by the dis-
trict in whose interest it is made. The population shown by the
.ast state or federal census or village enumeration may be ac-
cepted by said commissioner whenever the village and school dis-
trict boundaries coincide.
2. Ko district shall be entitled to any portion of such school
moneys on such apportionment unless the report of the trustee for
the preceding school year shall show that a common school was
EDUCATIO^^^ LAW 113
supported in the district and taught by a qualified teacher or by
successive qualified teachers for at least one hundred and sixty
days, inclusive of legal holidays that may have occurred during
the term of said school and exclusive of Saturdays.
4. No Saturday shall be counted as part of said one hundred
sixty days of school and no school shall be in session on a legal
holiday, except general election day, Columbus day, Washing-
ton's birthday and Lincoln's birthday. A deficiency not exceed-
ing three weeks during any school year caused by a teacher's at-
tendance upon a teacher's institute within a county, shall be ex-
cused by the commissioner of education.
§ 493. Apportionment of moneys appropriated to
cities, academies, academic departments and school
libraries. The commissioner of education shall apportion the
money annually appropriated for the support of cities, academies,
academic departments and school libraries in accordance with
regulations established or to be established by him as follows:
1. To each city, union school district and nonsectarian academy
maintaining an academic department, a quota of one hundred dol-
lars for each such academic department maintained therein. This
apportionment shall be known as the academic quota.
2. To each *monsectarian private academy an allowance equal
to the amount raised from local sources but not to exceed two hun-
dred fifty dollars annually for approved books, standard pictures
and apparatus.
3. To each city an allowance equal to the amount raised from
local sources but not to exceed eighteen dollars and two dollars
additional for each duly licensed teacher employed therein for the
legal term, and two hundred fifty dollars for each academic de-
partment maintained by it for approved books, standard pictures
and apparatus.
4-. To each union free school district maintaining an academic
department an allowance equal to the amount raised from local
sources, but not to exceed two hundred sixty-eight dollars annu-
ally and two dollars additional for each teacher employed in said
district for the legal term for approved books, standard pictures
and apparatus.
5. To all other school districts an allowance equal to the amount
raised from local sources but not to exceed eighteen dollars annu-
ally and two dollars additional for each duly licensed teacher
* So in originaL
114: JsEW YORK STATE EDUCATION DEPARTMENT
employed in said district for the legal term for approved books,
geographical maps and a globe.
6. To each city and union school district maintaining an
academic department, twenty dollars per year for at least thirty-
two weeks' instruction or a proportionate amount if for eight
weeks or- more for each nonresident pupil attending the academic
department of such school from districts not maintaining such aca-
demic departments and who shall be admitted to such academic
department without other expense for tuition than that provided
herein. But pupils residing in districts not maintaining a four-
year curriculum may be included in this apportionment after
having completed the course of study prescribed for the school in
the district in which they reside. In the apportionment to cities
and union school districts having a population of ^ve thousand
or more and employing a superintendent of schools, whose cus-
tomary charge for non-resident pupils is greater than the sum
provided by this subdivision, the commissioner of education may
permit the sum so apportioned to be applied upon such customary
charge for such non-resident pupils, provided the balance of such
customary charge shall be assumed by the school district in which
such non-resident pupil is resident, and the payment thereof shall
have been provided for at a school district meeting hcild in such
district. [Amended by L. 1912, ch. 276.]
7. After the payment of the allowances herein provided for the
balance shall be divided among the several cities, school districts
and academies maintaining academic departments on the basis
of aggregate days' attendance of academic pupils therein.
8. The commissioner shall set aside at the beginning of the
fiscal year a sum which in his opinion will be sufficient to pay
the allowances for books and apparatus herein provided before
making the other apportionments as directed by this article. The
allowance for books and apparatus shall be apportioned and paid
as often during each year as the commissioner may determine.
All other apportionments above provided for shall be made so far
as possible during the month of October each year on the basis
of the reports of the previous year.
9. To entitle a city, academy, academic department or school
library to an apportionment from this fund the school authorities
having control must render a satisfactory report for the preceding
year to the comrnissioner of education before the twentieth day
of September in each year unless such neglect is excused by the
commissioner for sufficient reason. They must also have complied
EDUCATION LAW 115
with all regents' laws and ordinances during the preceding aca-
demic year.
§ 494. Manner of certifying and paying appor-
tionment provided for in preceding section. Paynienr
from this fund sJiall bo made to the county treasurer of each county
for all schools located in such county, by the state treasurer on the •
warrant of the comptroller or the certificate of the commissioner
of education. The commissioner of education immediately after
making an apportionment shall certify, or cause to be certified,
to the county treasurer of every county included in such appor-
tionment, excepting those counties included within the territory
of the city of ^ew York, with respect to his county, the name of
each academy, the number of each school district and the town
in which it is situated and the name of each city to which money
has been allotted and the amount allotted to each. The county
treasurer shall, upon the receipt of such certificate and payment
from the state treasurer, pay to the treasurer, if there be one,
otherwise to the disbursing officer or collector of each school dis-
trict, academy and city named in the certificate of the commis-
sioner of education, the amount to which said district, academy
or city is entitled as shown by such certificate. Any apportion-
ment which shall be made to the city of New York shall be cer-
tified and paid to the chamberlain of the city of N^ew York, and
any apportionment which shall be made to any private academy
situated within the territory of the city of New York, shall be
certified and paid directly to the disbursing officer of the academy
1o which the apportionment is made. lAme7ided hy L. 1912, cli.
77.]
§ 495. County treasurers to render annual report.
The county treasurers of the state shall, ui)on the first day of
October of each year and at such other times as the commis-
sioner of education may require, make a report for the preceding
year to the commissioner of education, showing the amount of
money received by them from this fund and the school districts,
cities or academies to which such money has been paid and the
amount paid to each, and the amount, if any, remaining in their
hands unclaimed by any school district, city or academy together
with any other fact relative to the disbursement of this fund
which said commissioner may require.
§ 496. Certificate of apportionment by commis-
sioner of education. As soon as possible after the making of
any annual or general apportionment, the commissioner of edu-
116 NEW YOPtK STATE EDUCATION DEPARTMENT
cation shall certify it, or cause it to be certified, to the county
clerk, county treasurer, district superintendents, and city treas-
urer or chamberlain, in every county in the state ; and if it be a
supplemental apportionment, then to the county clerk, county
treasurer and district superintendents of the county in which the
school-house of the district concerned is situated. \_Amended by
L. 1912, ch. 77.]
§ 497. Moneys apportioned, when payable. At least
one-half of the moneys so annually apportioned by the com-
missioner of education shall be payable on or before the first day
of March and the remaining part of such moneys on or before the
fifteenth day of May, in each year, next after such apportionment,
to the treasurers of the several counties and the chamberlain of the
city of ^ew York, respectively; and the said treasurers and the
chamberlain shall apply for and receive the same as soon as
payable.
§ 498. Apportionment of school moneys by school
commissioners. The school commissioner or commissioners
of each county shall proceed at the county seat on or before the
fifteenth day of February in each year, and apportion the super-
vision, district and teachers' quotas to the several districts entitled
thereto as shown by the certificate of the commissioner of edu-
cation to the school commissioner.
*There shall procure from the treasurer of the county a transcript
of the returns of the supervisors hereinafter required, showing
the unexpended moneys in their hands applicable to the payment
of teachers' salaries. The amounts in each supervisor's hands
shall be charged as a partial payment of the sums apportioned to
the town teachers' salaries.
They shall procure from the county treasurer a full list and
statement of all payments to him of moneys for or on account of
fines and penalties, or accruing from any other source, for the
benefit of schools and of the towns or districts for whose benefit
the same were received. Such of said moneys as belong to a
particular district, they shall set apart and credit to it; and such
as belong to the schools of a town, they shall set apart and credit
to the schools in that town, and shall apjwrtion them together
with such as belong to the schools of the county as hereinafter
provided for the payment of teachers' salaries.
They shall sign, in duplicate, a certificate, showing the amounts
apportioned and set apart to each school district and part of a
* So in original.
EDUCATION LAW 117
district, and the towns in which they were situated, and shall
forthwith deliver one of said duplicates to the treasurer of the
county and transmit the other to the commissioner of education.
They shall certify to the supervisor of each town the amount uf"
school moneys apportioned to each district or part of a district of
his town for teachers' wages.
§ 499. Duty of and payment to supervisor. On re-
ceiving the certificate of the school commissioners, each super-
visor shall forthwith make a copy- thereof for his own use, and
deposit the original in the office of the clerk of his town ; and the
moneys so apportioned to his town shall be paid to him imme-
diately on his compliance with the requirements of section three
hundred and sixty-three of this chapter.
§ 500. Power of comptroller to withhold payment
of school moneys. The comptroller may withhold the pay-
ment of any moneys to which any county may be entitled from
the appropriation of the incomes of the school fund and the
United States deposit fund for the support of common schools,
until satisfactory evidence shall be furnished to him that all
moneys required by law to be raised by taxation upon such county,
for the support of schools throughout the state, have been collected
and paid or accounted for to the state treasurer.
§ 501. Union free school district and city, a school
district. Every union free school district and every city having
an organized city system of schools shall, for all the purposes of
the apportionment, distribution, payment and withholding of
school moneys, be regarded and recognized as a school district.
§ 502. Apportionment for support of training
classes. The commissioner of education shall apportion the
money annually appropriated for the support of training of teach-
ers as follows:
1. To each academy and union free school district which has
maintained a training class in accordance with the provisions of
article thirty-one of this chapter and with the regulations pre-
scribed by the commissioner of education, the sum of seven hun-
dred dollars.
2. The balance of the money appropriated for such purpose
shall be apportioned to the cities of the state which maintain train-
ing schools in accordance with the provisions of articles twenty
and thirty-one of this ohap^^er and with the regulations prescribed
by the commissioner of education, ratably according to the aggre-
gate attendance of the pupils regularly admitted to such training
schools.
118 KEW YOEK STxVTE EDUCATIOA^ DErARTME^'T
ARTICLE 19
Trusts for Schools; Gospel and School Lots
Section 52.0. Property to be held in trust for common schools.
521. Control and supervision of trusts for common
schools.
522. Report of trusts to commissioner of education.
523. Report of supervisor regarding gospel or school lots.
524. Apportionment of gospel funds.
525. Authorization of apportionment of gospel funds.
526. Payment of apportionment of gospel funds.
527. Bond required of collector or treasurer.
528. Application of moneys.
§ 520. Property to be held in trust for common
seliools. Real and personal estate may be granted, conveyed,
devised, bequeathed and given in trust and in perpetuity or other-
wise, to the state, or to the regents or to the commissioner of
education for the support or benefit of the common schools, within
the state, or within any part or portion of it, or of any particular
common schools within it; and to any county, or the school com-
missioners of any county, or to any city or any board of officers
thereof, or to any school commissioner district or its commissioner,
or to any town, or supervisor of a town, or to any school district
or its trustees, for the support and benefit of common schools
within such county, city, school commissioner district, town or
school district, or within any part or portion thereof respectively,
or for the support and benefit of any particular common schools
therein. 'No such grant, conveyance, devise or bequest shall be
held void for the want of a named or competent trustee or donee,
but where no trustee or donee, or an incompetent one is named, the
title and trust shall vest in the people of the state, subject to its
acceptance by the legislature, but such acceptance shall be
presumed.
§ 521. Control and supervision of trusts for com-
mon schools. The legislature may control and regulate the
execution of all such trusts; and the commissioner of education
shall supervise and advise the trustees, and hold them to a regular
accounting for the trust property and its income and interest at
such times, in such forms, and with such authentications, as he
shall, from time to time, prescribe.
EDUCATION LAW 110
§ 522. Report of trusts to commissioner o£ educa-
tion. The common council of every city^ the board of super-
visors of every county, the trustees of every village, the supervisor
of every town, the trustees of every school district, and every other
officer or person who shall be thereto required by the comnTTs"
sioner of education shall report to him whether any, and if any,
what trusts are held by them respectively, or by any other body,
officer or person to their information or belief for school purposes,
and shall transmit, therewith, an authenticated copy of every
will, conveyance, instrument or paper embodying or creating the
trust ; and shall, in like manner, forthwith report to him -the crea-
tion and terms of every such trust subsequently created.
§ 523. Report of supervisor regarding gospel or
school lots. Every supervisor of a town shall report to the
commissioner of education whether there be, within the town, any
gospel or school lot, and, if any, shall describe the same, and state
to what use, if any, it is put by the town ; and whether it be leased,
and, if so, to whom, for what term and upon what rents; and
whether the town holds or is entitled to any land, moneys or
securities arising from any sale of such gospel or school lot, and
the investment of the proceeds thereof, or of the rents and income
of such lots and investments, and shall report a full statement ana
account of such lands, meneys and securities.
§ 524. Apportionment of gospel funds. It shall bo
lawful for the supervisor of any town having money arising from
the sale of gospel lands, and known as gospel funds, to apportion
such funds among the several school districts of his respective
town as hereinafter provided.
§ 525. Authorization of apportionment of gospel
funds. 1. The town board of any town having a gospel fund
of five hundred dollars or less may authorize the supervisor of
the town to apportion such fund among the several school districts
of the town.
2. The voters of any town having a gospel fund of more than
five hundred dollars may at any regular or special town meeting
authorize the supervisor of the town to apportion such fund
among the several school districts of the town.
§ 526. Payment of apportionment of gospel funds.
When such apportionment is authorized the supervisor shall pay to
the collector, or if the district has a treasurer to the treasurer, of
the several school districts of his town its pro rata share according
120 NEW YORK STATE EDUCATION DEPARTMENT
to the aggregate school attendance of each school district in the
preceding year.
§ 527. Bond required of collector or treasurer.
The collector or the treasurer if the district has a treasurer, of
each of such school districts shall execute and file with the super-
visor of such town a bond of twice the amount of such apportion-
ment with sufficient sureties, to be approved by such supervisor.
§ 528. Application of moneys. Such moneys shall be
held by such collector or treasurer and paid upon the written order
of the trustee of the district for such purposes as the annual or a
special meeting of the district shall direct.
ARTICLE 20
Teacliers and Pupils
Section 550. Qualification of teachers.
551. Minimum qualifications of teachers in primary and
grammar schools.
552. Regulations governing certification of teachers.
553. Commissioner of education to issuo certificates.
554'. Endorsement of foreign certificates and diplomas.
555. Certification of teachers by local authorities.
556. Revocation of certificate by school commissioner.
557. Unqualified teachers shall not be paid from school
moneys.
558. Penalty for payment of unqualified teacher.
559. Teachers responsible for record books.
560. Verification of school register.
561. Contract with teacher.
562. Penalty for teachers' failure to complete contract.
563. Contract when teacher is related to trustee or mem-
ber of board.
564. Individual liability of trustee.
565. Dismissal of teacher.
566. Teacher's salary payable as often as monthly.
567. Common schools free to resident pupils; tuition
from nonresident pupils.
§ 550. Qualification of teachers, l^o person shall be
employed or authorized to teach in the public schools of the state
who is:
EDUCATION LAW 121
1. Under the age of eighteen years; and,
2. Not in possession of a teacher's certificate issued under the
authority of this chapter or a diploma issued on the completion of
a course in a state normal school of this state or in the state normal
college.
§ 551. Minimum qiialifications of teacliers in pri-
mary and grammar schools. No person shall hereafter
be employed or licensed to teach in the primary and grammar
schools of any city or school district authorized by law to employ
a superintendent of schools who has not had successful experience
in teaching for at least three years, or in lieu thereof has not com-
pleted:
1. A course in one of the state normal schools of this state pre-
scribed by the commissioner of education.
2. An examination for and received a life state certificate
issued in this state by a superintendent of public instruction or
the commissioner of education.
3. A course of study in a high school or academy of not less
than three years approved by the commissioner of education or
from some institution of learning of equal or higher rank ap-
proved by the same authority, and who subsequently to the com-
pletion of such course has not graduated from a school for the
professional training of teachers having a course of not less than
two years approved by the commissioner of education or its
equivalent.
§ 552. Regulations governing certification of
teachers. The commissioner of education shall prescribe, sub-
ject to approval by the regents, regulations governing the exam-
ination and certification of teachers employed in all public schools
of the state.
§ 553. Commissioner of education to issue certifi-
cates. The commissioner of education may issue:
1. A life state certificate upon examinations only which shall
entitle its holder to teach for life in the public schools of the
state without further examination.
2. Such other certificates as regents general rules shall pre-
scribe.
3. A temporary license limited to a school district, school com-
missioner district or city for a period not to exceed one year.
§ 554. Endorsement of foreign certificates and
diplomas. The commissioner of education may in his dis-
cretion endorse:
122 NEW YORK STATE EBFOATION DEPAKTMETiTT
1. A diploma issued by a normal school of another state.
2. A certificate issued by the chief educational officer or state
board of another state.
Such* endorsement confers on the holder of such diploma or
certificate the privileges conferred by law on the holder of a nor-
mal school diploma or state certificate issued in this state.
§ 555. Certification of teachers by local author-
ities. A school commissioner, a city superintendent of schools
or such other authority of a city as may be designated by a special
act or the city charter may issue such certificate as may be au-
thorized by the regents general rules or by such special act or
city charter.
§ 556. Revocation of certificate by school com-
missioner. A school commissioner shall examine any charge
affecting the moral character of any teacher within his district,
first giving such teacher reasonable notice of the charge, and an
opportunity to defend himself therefrom; and if he find the
charge sustained, he shall annul the teacher's certificate, by whom-
soever granted, and declare him unfit to teach; and if the teacher
holds a certificate of the commissioner of education or of a former
superinlendent of public instruction or a diploma of a state normal
school, he shall notify the commissioner of education forthwith
of such annulment and declaration.
§ 557. Unqualified teachers shall not be paid from
school moneys. 'Eo part of the school moneys apportioned
to a district shall be applied to the payment of the salary of an
unqualified teacher, nor shall his salary, or any part thereof, be
collected by a district tax except as provided in section four hun-
dred and ninety-one of this chapter.
§ 558. Penalty for payment of unqualified teacher.
Any trustee who applies, or directs, or consents to the application
of any district money to the payment of an unqualified teacher's
salary, thereby commits a misdemeanor; and any fine imposed
upon -him therefor shall be for the benefit of the common schools
of the district.
§ 559. Teachers responsible for record books.
Teachers shall keep, prepare and enter in tKe books provided for
that purpose, the school lists and accounts of attendance herein
mentioned, and shall be responsible for their safekeeping and
delivery to the clerk of the district at the close of their engage-
ments or terms.
KB U CATION LAW 12^5
§ 560. Verification of school register. 1. Each
teacher shall, by his oath or affirmation, verify his entries in the
school register provided by the education department, and the
entries shall constitute the school lists from which the avera^
daily attendance shall be determined. Such oath or affirmation
may be taken by the district clerk or trustee, but without charge.
2. A teacher shall not be entitled to his salary for the last
month of a term until he shall have so made and verified such
entries and the trustees shall not draw on the supervisor, collector
or treasurer for any portion of his salary for such month until
such oath or affirmation shall have been made.
§ 561. Contract -with teacher. 1. All trustees of school
districts or boards of education who shall employ any teacher to
teach shall, at the time of such employment, make and deliver
to such teacher, or cause to be made and delivered, a contract in
writing, signed by them, or by some person dnly authorized to
lepresent them in the premises, in which the details of the agree-
ment between the parties, and particularly the length of the term
of employment, the amount of compensation and the time when
such compensation shall be due and payable shall be clearly and
definitely set forth.
2. !N"o contract for the employment of a teacher in a district
having three or more trustees shall be made for more than one
year in advance or for a shorter time than ten weeks unless for
the purpose of filling out an unexpired term of school.
3. No contract for the employment of a teacher in a district
having a sole trustee shall be made to extend beyond the date of
the expiration of. the term of office of such trustee. A sole trus-
tee of a school district shall have full power and authority to
contract with teachers for the term for which he has been elected
any time after the date of the annual meeting at which such
trustee was elected.
4. Nor shall any trustee contract with any teacher whose
certificate of qualifications shall not cover a period at least as long
as that covered by the contract of service. (Thus amended by L.
1910, ch. 442, in effect September 1, 1910.)
§ 562. Penalty for teacher's failure to complete
contract. Any failure on the part of a teacher to complete
an agreement to teach a term of school without good reason there-
for shall be deemed sufficient ground for the revocation of the
teacher's certificate.
124: NFAV YORK STx\TE EDUCATION" DEPARTMENT
§ 563. Contract when teacher is related to trustee
or member of board. 1. 'No person who is related to any
trustee by blood or marriage shall be employed as a teacher,
except with the approval of two-thirds of the voters of such dis-
trict present and voting upon the question at an annual or special
meeting of the district.
2. No person who is related by blood or marriage to any mem-
ber of a board of education shall be employed as a teacher by
such board, except upon the consent of two-thirds of the mem-
bers thereof to be determined at a board meeting and to be entered
upon the proceedings of the board.
§ 564. Individual liability of trustee. Any person
employed in disregard of section five hundred and sixty-one or of
section five hundred and sixty-three shall have no claim for wages
against the district, but may enforce the specific contract made
against the trustees or board of education consenting to such
employment as individuals.
§ 565. Dismissal of teacher. No teacher shall be re-
moved during a term of employment unless for neglect of duty,
incapacity to teach, immoral conduct, or other reason which, when
appealed to the commissioner of education, shall be held by him
sufficient cause for such dismissal.
§ 566. Teacher's salary payable as often as monthly.
The salary of any teacher employed in the public schools of this
state shall be due and payable at least as often as at the end of
each calendar month of the term of employment.
§ 567. Common schools free to resident pupils;
tuition from nonresident pupils. 1. A person over five
and under twenty-one years of age is entitled to attend the public
schools maintained in the district or city in which such person
resides without the payment of tuition.
2. !N'onresidents of a district, if otherwise competent, may be
admitted into the school of a district or city, upon the consent of
the trustees, or the board of education, upon terms prescribed by
such trustees or board.
3. The school authorities of a district or city must deduct from
the tuition of a nonresident pupil whose parent or guardian owns
property in such district or city and pays a tax thereon for the
support of the schools maintained in such district or city the
amount of such tax.
EDUCATION" LAW 125
ARTICLE 21
Contract System
Section 580. District meeting to authorize contract system.^
581. District or city with which such contract may be
made.
682. Trustees or boards of education may contract to
receive such children.
583. Form of contract.
584. Validity of contract.
585. Apportionment to contracting district.
586. Report of pupils from other districts.
§ 580. District meeting to authorize contract sys-
tem. Any school district may decide by a majority vote of the
qualified voters present and voting at any district meeting:
1. To contract for the education of all the children of such dis-
trict in another district or in a city instead of maintaining a home
school ;
2. To contract for the education of part of the children of such
district in another district or in a city and maintain a home school.
§ 581. District or city Tvitb. ivliich such contract
may be made. 1. Such contract may be made with one or
more districts or cities. The district meeting authorizing such
contract may designate the districts or cities with which such con-
tracts may be made.
2. If the district meeting fails to make such designation or if
any district or city so designated refuses to make such contract,
the trustees of the district authorizing such contract may enter
into a contract with a district willing to make such contract.
§ 582. Trustees or boards of education may con-
tract to receive such children. The trustees or board
of education of any district or city may enter into a contract to
receive and educate in the schools of such district or city the
children of any district which shall authorize its trustees to con-
tract for the education of its children as provided by section five
hundred and eighty of this chapter.
§ 583. Form of contract. Such contract shall be writ-
ten and in the form prescribed by the commissioner of education.
§ 584. Validity of contract. Such contract shall not
be valid or binding upon either party thereto until a copy thereof
126 NEW YORK STATE EDUCATION DEPARTMENT
is filed with the commissioner of educatitDii and approved by such
commissioner.
§ 585. Apportionment to contracting district. 1.
Whenever the period of time which a district contracts for the
education of its children or such period together with the time
school is actually taught in said district shall amount to one hun-
dred and sixty days and the contract shall include all the children
of school age in such district, such district shall be entitled to re-
ceive one district quota.
2. Whenever a district maintains a home school and contracts
for the education of at least twelve of its children in another dis-
trict or city, it shall be entitled to one teacher's quota in addition
to its district quota.
3. 1^0 school district operating under the contract system shall
receive a greater apportionment than the total expense incurred in
pa^Tnent of tuition and transportation of pupils as shown by the
report of the trustee to the school commissioner.
§ 586. Report of pupils from other districts. The
children attending a school under any such contract shall be
reported to the commissioner of education by the trustees or
board of education of the district or city wherein such children
attend school as though they were residents of such city or school
district.
ARTICLE 22
General Industrial Schools, Trade Schools,
and Schools of Ag-riculture, Mechanic Arts
and Home Making*
Section 600. General industrial schools, trade schools, and
schools of agriculture, mechanic arts and hom.e
making, may be established in cities.
601. Such schools may be established in union free school
districts.
602. Appointment of an advisory board.
603. Authority of the board of education over such
schools.
604. State aid for general industrial schools, trade
schools, and schools of agriculture, mechanic
arts and home making.
605. Application of such moneys,
EDUCATION LAW 127
Section 606. Annual estimate by board of education and appro-
priations by municipal and school districts.
607. Courses in schools of agriculture for training of
teachers. _
§ 600. General industrial schools, trade seliools
and schools of agriculture, mechanic arts and home
making, may be established in cities. The board of
education of any city, and in a city not having a board of edu-
cation the officer having the management and supervision of the
public school system, may establish, acquire, conduct and main-
tain as a part of the public school system of such city the
following:
1. General industrial schools open to pupils who have com-
pleted the elementary school course or who have attained the age
of fourteen years, and ;
2. Trade schools open to pupils who have attained the age of
sixteen years and have completed either the elementary school
course or a course in the above mentioned general industrial
school or who have met such other requirements as the local school
authorities may have prescribed.
3. Schools of agriculture, mechanic arts and home making, open
to pupils who have completed the elementary school course or who
have attained the age of fourteen, or who have met such other re-
quirements as the local school authorities may have prescribed.
§ 601. Such schools may be established in union
free school districts. The board of education of any union
free school district shall also establish, acquire and maintain such
schools for like purposes whenever such schools shall be authorized
by a district meeting.
§ 602. Appointment of an advisory board. 1. The
board of education in a city and the officer having the manage-
ment and supervision of the public school system in a city not
having a board of education shall appoint an advisory board of
five members representing the local trades, industries, and occu-
pations. In the first instance two of such members shall be
appointed for a term of one year and three of such members shall
be appointed for a term of two years. Thereafter as the terms of
such members shall expire the vacancies caused thereby shall be
filled for a full term of two years. Any other vacancy occurring
on such board shall be filled by the appointing power named in
this section for the remainder of the unexpired term.
128 NEW YORK STATE EDUCATION DEPARTMENT
2. It shall be the duty of such advisory board to counsel with
and advise the board of education or the officer having the man-
agement and supervision of the public school system in a city not
having a board of education in relation to the powers and duties
vested in such board or officer by section six hundred and three
of this chapter.
§ 603. Authority of the board of education over
such, schools. The board of education in a city and the officer
having the management and supervision of the public school
system in a city not having a board of education and the board of
education in a union free school district which authorizes the
establishment of a general industrial school, a trade school, or
a school of agriculture, mechanic arts and home making, is
vested with the same power, and authority over the management,
supervision and control of such school and the teachers or in-
structors employed therein as such board or officer now has over
the schools and teachers imder their charge. Such boards of edu-
cation or such officer shall also have full power and authority:
1. To employ competent teachers or instructors.
2. To provide proper courses of study.
3. To purchase or acquire sites and grounds and to purchase,
acquire, lease or construct and to repair suitable shops or build-
ings and to properly equip the same.
4. To purchase necessary machinery, tools, apparatus and
supplies.
§ 604. State aid for general industrial schools,
trade schools, and schools of agriculture, mechanic
arts and home making. 1. The commissioner of educa-
tion in the annual apportionment of the state school moneys shall
apportion therefrom to each city and union free school district the
sum of five hundred dollars for each independently organized gen-
eral industrial school, trade school, or a school of agriculture, me-
chanic arts and home making, maintained therein for thirty-eight
weeks during the school year and employing one teacher whose
work is devoted exclusively to such school, and having an enroll-
ment of at least twenty-five pupils and maintaining a course of
study approved by him.
2. The commissioner of education shall also make an addi-
tional apportionment to each city and union free school district
of two hundred dollars for each additional teacher employed
exclusively in such schools for thirty-eight weeks during the school
year.
EDUCATION" LAW 129
3. The commissioner of education may in liis discretion ap-
portion to a district or city maintaining siicli schools or employing
such teachers for a shorter time than thirty-eight weeks, an
amount pro rata to the time such schools are maintained or such^
teachers are employed. This section shall not be construed to
entitle manual training high schools or other secondary schools
maintaining manual training departments, to an apportionment
of funds herein provided for.
§ 605. Application of such moneys. All moneys
apportioned by the commissioner of education for general indus-
trial or trade schools shall bo used exclusively for the support
and maintenance of such schoois m the city or district to which
such moneys are apportioned.
§ 606. Annual estimate by board of education and
appropriations by municipal and school districts.
1. The board of education of each city or the officer having the
management and supervision of the public school system in a city
not having a board of education shall file with the common council
of such city, within thirty days after the commencement of the
nscal year of such city, a written itemized estimate of the expendi-
tures necessary for the maintenance of its general industrial
schools, trade schools, or schools of agriculture, mechanic arts
and home making, and the estimated amount which the city will
receive from the state school moneys applicable to the support
of such schools. The common council shall give a public hearing
to such persons as wish to be heard in reference thereto. The
common council shall adopt such estimate and, after deducting
therefrom the amount of state moneys applicable to the support
of such schools, shall include the balance in the annual tax budget
of such city. Such amount shall be levied, assessed and raised
by tax upon the real and personal property liable to taxation in
the city at the time and in the manner that other taxes for school
purposes are raised. The common council shall have power by
a two-thirds vote to reduce or reject any item included in such
estimate.
2. The board of education in a union free school district which
maintains a general industrial school, trade school, or a school
of agriculture, mechanic arts and home making, shall include in
its estimate of expenses pursuant to the provisions of sections
three hundred and twenty-three and three hundred and twenty-
seven of this chapter the amount that will be required to maintain
130 KEW YOKK STATI: EDUCATION DEtARTMEX-T
siieh schools after applying toward t^ 3 maintenance tlicrrof the
amount apportioned therefor by the commissioner of education.
Such amount shall thereafter be levied, assessed and raised by
tax upon the taxable property of the district at the time and
in the manner that other taxes for school purposes are raised in
such district.
§ 607. Courses in schools of agriculture for train-
ing of teachers. The state schools of agriculture at Saint
Lawrence University, at Alfred University and at Morrisville
may give courses for the training of teachers in agriculture,
mechanic arts, domestic science or home making, approved by the
commissioner of education. Such schools shall be entitled to an
apportionment of money as provided in section six hundred and
four of this chapter for schools established in union free school
districts. Graduates from such approved courses may receive
licenses to teach agriculture, mechanic arts and home making in
the public schools of the state, subject to such rules and regula-
tions as the commissioner of education may prescribe.
ARTICLE 23
Compulsory Education
Section G20. Instruction required.
621. Required attendance upon instruction.
622. When a boy is required to attend evening school.
623. Instruction elsewhere than at a public school.
624. Duties of persons in ^paternal relation to children.
625. Penalty for failure to perform "^paternal duty.
626. Unlawful employment of children and penalty
therefor.
627. Employer must display record certificate and even-
ing certificate.
628. Punishment for unlawful employment of children.
629. Teachers must keep record of attendance.
630. School record certificate.
631. Evening school certificate.
632. Attendance officers.
633. Arrest of truants.
634. Interference with attendance officer.
* So in original.
EDUCATION- LAW 131
Section 635. Truant schools.
636. Enforcement of law and withholding the state
moneys by commissioner of education.
§ 620. Instruction required. The instruction required
under this article shall be:
1. At a public school in which at least the six common school
branches of reading, spelling, writing, arithmetic, English lan-
guage and geography are taught in English.
2. Elsewhere than a public school upon instruction in the same
subjects taught in English by a competent teacher.
§ 621. Required attendance upon instruction.
1. Every child within the compulsory school ages, in proper
physical and mental condition to attend school, residing in a city
or school district having a population of five thousand or more
and employing a superintendent of schools, shall regularly attend
upon instruction as follows:
(a) Each child between seven and fourteen years of age shall
attend the entire time during which the school attended is in
session, which period shall not be less than one hundred and sixty
days of actual school.
(b) Each child between fourteen and sixteen years of age not
regularly and lawfully engaged in any useful employment or
service, and to whom an employment certificate has not been duly
issued under the provisions of the labor law, shall so attend the
entire time during which the school attended is in session.
2. Every such child, residing elsewhere than in a city or school
district having a population of five thousand or more and employ-
ing a superintendent of schools, shall attend upon instruction as
many days annually between the first day of October and the
following June as the public school of the district in which such
child resides, shall be in session during such period, as follows:
(a) Each child between eight and fourteen years of age.
(b) Each child between fourteen and sixteen years of age not
regularly and lawfully engaged in any useful employment or
service.
3. The provisions of this section are intended to include all
blind children, except such as may receive appointments under the
provisions of article thirty-eight of this chapter. lAmended hy
I. 1911, ch, 710.]
132 NEW YORK STATE EDUCATION DEPARTMENT '
§ 622* 'When a boy is required to attend evening
school. Every boy between fourteen and sixteen years of age,
in a city of tbe first class or a city of the second class in possession
of an employment certificate duly issued under the provisions of
the labor law, who has not completed such co'urse of study as is
required for graduation from the elementary public schools of
such city, and who does not hold either a certificate of gradu-
ation from the public elementary school or the preacademic cer-
tificate issued by the Regents or the certificate of the completion
of an elementary course issued by the education department, shall
attend the public evening schools of such city, or other evening
schools offering an equivalent course of instruction, for not less
than six hours each week, for a period of not less than sixteen
weeks or upon a trade school a period of eight hours per week for
sixteen weeks in each school or calendar year.
§ 623. Instruction elseivhere than at a public
school. If any such child shall so attend upon instruction else-
where than at a public school, such instruction shall be at least
substantially equivalent to the instruction given children of like
age at the public school of the city or district in which such child
resides; and such attendance shall be for at least as many hours
each day thereof as are required of children of like age at public
schools ; and no greater total amount of holidays or vacations shall
be deducted from such attendance during the period such attend-
ance is required than is allowed in such public school to children
of like age. Occasional absences from such attendance, not
amounting to irregular attendance in the fair meaning of the
term, shall be allowed upon such excuses only as would be allowed
in like cases by the general rules and practice of such public school.
§ 624. Duties of persons in parental relation to
children. Every person in parental relation to a child within
the compulsory school ages and in proper physical and mental
condition to attend school, shall cause such child to attend upon in-
struction, as follows:
1. In cities and school districts having a population of five
thousand or above, every child between seven and sixteen years of
age as required by section six hundred and twenty-one of this act
unless an employment certificate shall have been duly issued to
such child under the provisions of the labor law and he is regularly
employed thereunder.
EDUCATION LAW 133
2. Elsewhere than in a city or school district having a popula-
tion of five thousand or above, every child between eight and six-
teen years of age, unless such child shall have received an employ-
ment certificate duly issued under the provisions of the labor law
and is regularly employed thereunder in a factory or mercantile
establishment, business or telegraph ofiice, restaurant, hotel, apart-
ment house or in the distribution or transmission of merchandise
or messages, or unless such child shall have received the school
record certificate issued under section six hundred and thirty of
this act and is regularly employed elsewhere than in the factory
or mercantile establishment, business or telegraph office, restaurant,
hotel, apartment house or in the distribution or transmission of
merchandise or messages.
§ 625. Penalty for failure to perform parental
duty. A violation of section six hundred and twenty-four shall
be a misdemeanor, punishable for the first offense by a fine not
exceeding five dollars, or five days' imprisonment, and for each
subsequent offense by a fine not exceeding fifty dollars, or by im-
prisonment not exceeding thirty days, or by both such fine and im-
prisonment. Courts of special session and police magistrates
shall, subject to removal as provided in sections fifty-seven and
fifty-eight of the code of criminal procedure, have exclusive juris-
diction in the first instance to hear, try and determine charges of
violations of this section within their respective jurisdictions.
§ 626. Unlawful employment of children and pen-
alty therefor. It shall be unlawful for any person, firm or
corporation :
1. To ^employe any child under fourteen years of age, in any
business or service whatever, for any part of the term during
which the public schools of the district or city in which the child
resides are in session.
2. To employ, elsewhere than in a city of the first class or a
city of the second class, in a factory or mercantile establishment,
business or telegraph office, restaurant, hotel, apartment house or
in the distribution or transmission of merchandise or messages,
any child between fourteen and sixteen years of age who does not
at the time of such employment present an employment certifi-
cate duly issued under the provisions of the labor law, or to employ
any such child in any other capacity who does not at the time of
* So in orisinaL
134: NEW YORK STATE EDUCATION DEPAKTMEIST
(Such employment present a school record certificate as provided in
section six hundred and thirty of this chapter.
3. To employ any child between fourteen and sixteen years of
age in a city of the first class or a city of the second class who does
not, at the time of such employment, present an employment cer-
tificate, duly issued under the provisions of the labor law.
§ 627. Employer must display record certificate
and evening certificate. The employer of any child between
fourteen and sixteen years of age in a city of the first class or a
city of the second class shall keep and shall display in the place
where such child is employed, the employment certificate and also
his evening school certificate issued by the school authorities
of said city or by an authorized representative of. such school
authorities, certifying that the said boy is regularly in attendance
at an evening school of said city as provided in section six hun-
dred and thirty-one of this chapter.
§ 628. Punishment for unlaivful employment of
children. Any person, firm, or corporation, or any ofiicer,
manager, superintendent or employee acting therefor, who shall
employ any child contrary to the provisions of section six hun-
dred and twenty-six hereof, shall be guilty of a misdemeanor, and
the punishment therefor shall be for the first offense a fine of not
less than twenty dollars nor more than fifty dollars ; for a second,
and each subsequent offense, a fine of not less than fifty dollars
nor more than two hundred dollars.
§ 629. Teachers must keep record of attendance.
An. accurate record of the attendance of all children between seven
and sixteen years of age shall be kept by the teacher of every
school, showing each day by the year, month, day of the month
and day of the week, such attendance, and the number of hours
in each day thereof; and each teacher upon whose instruction
any such child shall attend elsewhere than at school, shall keep
a like record of such attendance. Such record shall, at all
times, be open to the attendance officers or other person duly
authorized by the school authorities of the city or district, who
may inspect or copy the same ; and every such teacher shall fully
answer all inquiries lawfully made by such authorities, inspectors,
or other persons, and a willful neglect or refusal so to answer any
such inquiry shall be a misdemeanor.
§ 630. School record certificate. 1. A school record
certificate shall contain a statement certifying that a child has
EDUCATION LAW 135
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 that he is able to read and write simple
sentences in the English language, and has received during such
period instruction in reading, writing, spelling, English grammar
and geography, and is familiar with the fundamental operations
of arithmetic up to and including fractions. Such record shall
also give the date of birth and residence of the child as shown on
the school records, and the name of the child's parents, guardian
or custodian.
2. A teacher or superintendent to whom application shall be
made for a school record certificate required under the provisions
of the labor law shall issue a school record certificate to any child
who, after due investigation and examination, may be found to be
entitled to the same as follows :
a. In a city of the first class by the principal or chief executive
of a school.
b. In all other cities and in school districts having a population
of five thousand or more and employing a superintendent of
schools, by the superintendent of schools only.
c. In all other school districts by the principal teacher of the
school.
d. In each city or school district such certificate shall be fur-
nished on demand to a child entitled thereto or to the board or
commissioner of health.
§ 631. Evening school certificate. The school author-
ities of a city of the first class or a city of the second class, or
officers designated by them, are hereby required to issue to a boy
lawfully in attendance at an evening school, an evening school
certificate at least once in each month during the months said
evening school is in session and at the close of the term of said
evening school, provided that said boy has been in attendance
upon said evening school for not less than six hours each week for
such number of weeks as will, when taken in connection with the
number of weeks such evening school shall be in session during
the remainder of the current or calendar year, make up a total
attendance on the part of said boy in said evening school of not
less than six hours per week for a period of not less than sixteen
weeks or attendance upon a trade school for at least eight hours
136 NEW YORK STATE EDUCATION DEPARTMENT:
per week for not less than sixteen weeks. Sncli certificate shall
state fully the period of time which the boy to whom it is issued
was in attendance upon such evening school or trade school.
§ 632. Attendance officers. 1. The school authorities
of each city, union free school district, or common school dis-
trict whose limits include in whole or in part an incorporated vil-
lage, shall appoint and may remove at pleasure one or more attend-
ance officers of such city or district, and shall fix their compensa-
tion and may prescribe their duties not inconsistent with this arti-
cle and make rules and regulations for the performance thereof;
and the superintendent of schools shall supervise the enforcement
of this article within such city or school district.
2. The town board of each town shall appoint, subject to the
written approval of the school commissioner of the district, one or
more attendance officers, whose jurisdiction shall extend over all
school districts in said town, and which are not by this section
otherwise provided for, and shall fix their compensation, which
shall be a town charge; and such attendance officers, appointed by
said board, shall be removable at the pleasure of the school commis-
sioner in whose commissioner district such town is situated.
§ 633. Arrest of truants. 1. The attendance officer
may arrest without a warrant any child between seven and sixteen
years of age who is a truant from instruction upon which he is
lawfully required to attend within the city or district of such
attendance officer. He shall forthwith deliver the child so arrested
to a teacher from whom such child is then a truant, or, in case of
habitual and incorrigible truants, shall bring them before a police
magistrate for commitment to a truant school as provided in sec-
tion six hundred and thirty-five.
2. The attendance officer shall promptly report such arrest and
the disposition which he makes of such child, to the school authori-
ties of the said city or district where such child is lawfully re-
quired to attend upon instruction.
3. A truant officer in the performance of his duties may enter,
during business hours, any factory, mercantile or other establish-
ment within the city or school district in which he is appointed
and shall be entitled to examine employment certificates or regis-
try of children employed therein on demand.
§ 634. Interference with attendance officer. Any
person interfering with an attendance officer in the lawful dis-
charge of his duties and any person owning or operating a factory,
EDUCATION LAW 137
mercantile or other establishment who shall refuse on demand to
exhibit to such attendance officer the registry of the children em-
ployed or the employment certificate of such children shall be
guilty of a misdemeanor.
§ 635. Truant schools. 1. The school authorities of any
city or school district may establish schools, or set apart separate
rooms in public school buildings, for children between seven and
sixteen years of age, who are habitual truants from instruction
upon which they are lawfully required to attend, or who are in-
subordinate or disorderly during their attendance upon such in-
struction, or irregular in such attendance. Such school or room
shall be known as a truant school; but no person convicted of
crimes or misdemeanors, other than truancy, shall be committed
thereto.
2. School authorities may provide for the confinement, main-
tenance and instruction of such truants in such schools ; and they,
or the superintendent of schools in any city or school district, may,
after reasonable notice to such child and the persons in parental
relation to such child, and an opportunity for them to be heard,
and with the consent in writing of the persons in parental relation
to such child, order such child to attend such school, or to be con-
fined and maintained therein, under such rules and regulations
as such authorities may prescribe, for a period not exceeding two
years ; but in no case shall a child be so confined after he is sixteen
years of age.
3. Such authorities may order such a child to be confined and
maintained during such period in any private school, orphans'
home or similar institution controlled by persons of the same re-
ligious faith as the persons in parental relation to such child, and
which is willing and able to receive, confine and maintain such
child, upon such terms as to compensation as may be agreed upon
between such authorities and such private school, orphans' home
or similar institution.
4. If the person in parental relation to such child shall not
consent to either of such orders said person shall be proceeded
against in court under section six hundred and twenty-five of this
chapter by the school authorities or such officer as they may desig-
nate. In case the person in parental relation to such child estab-
lishes to the satisfaction of the court that such child is beyond
his control such child shall be proceeded against as a disorderly
person, and upon conviction thereof, if the child was lawfully
138 NEW yOKK STATE EDUCATION DErARTMENT
required to attend a public school, the child shall be sentenced
to be confined and maintained in such truant school for a period
not exceeding two years; or if such child was lawfully required
to attend upon instruction otherwise than at a public school, the
child may be sentenced to be confined and maintained for a
period not exceeding two years in such private school, orphans'
home or other similar institutions, if there be one, controlled by
persons of the same religious faith as the persons in parental
relation to such child, which is willing and able to receive, con-
fine and maintain such child for a reasonable compensation. Such
confinement shall be conducted with a view to the improvement
and to the restoration, as soon as practicable, of such child to the
institution elsewhere, upon which he may be lawfully required to
attend.
5. The authorities committing any such child, and in cities and
districts having a superintendent of schools such superintendent
shall have authority, in his discretion, to parole at any time any
truant so committed by them.
6. Every child lawfully suspended from attendance upon in-
struction for more than one week, shall be required to attend such
truant school during the period of such suspension.
7. The school authorities of any city or school district, not hav-
ing a truant school, may contract with any other city or district
having a truant school, for the confinement, maintenance and in-
struction therein of children whom such school authorities might
require to attend a truant school, if there were one in their own
city or district.
8. Industrial training shall be furnished in every such truant
school.
9. The expense attending the commitment and cost of main-
tenance of any truant residing in any city, or district, employing
a superintendent of schools shall be a charge against such city, or
district, and in all other cases shall be a county charge.
§ 636. Enforcement of law and withholding the
state moneys by commissioner of education. 1. The
commissioner of education shall supervise the enforcement of this
law and he may withhold one-half of all public school moneys
from any city or district, which, in his judgment, wilfully omits
and refuses to enforce the provisions of this article, after due
notice, so often and so long as such wilful omission and refusal
shall, in his judgment, continue.
EDUCATION LAW-
ISO
2. If the provisions of this article are complied with at any
time within one year from the date on which said moneys were
withheld, the moneys so withheld shall be paid over by said com-
missioner of education to such district or city, otherwise forfeited
to the state.
ARTICLE 24
Scbool Census
Section 650. School census in cities of the first class.
651. School census in cities not of the first class.
652. School census in school districts.
653. Penalty for withholding information.
654. Payment of expenses.
§ 650. School census in cities of the first class. A
permanent census board is hereby established in each city of the
first class. Such board shall consist of the mayor, the superin-
tendent of schools, the police commissioner or officer performing
duties similar to those of a police commissioner. The mayor shall
be the chairman of such board. Such board shall have power to
make such rules and regulations as may be necessary to carry out
the provisions of this article. Such board shall have power to
appoint a secretary and such clerks and other employees as may
be necessary to carry out the provisions of this article and to fix
the salaries of the same. Such board shall ascertain through the
police force, the residences and employments of all persons be-
tween the ages of four and eighteen years residing within such
cities and shall report thereon from time to time to the school
authorities of such cities. Under the regulations of such board
during the month of October, nineteen hundred and nine, it shall
be the duty of the police commissioners in the cities of the first
class to cause a census of the children of their respective cities
to be taken. Thereafter such census shall be amended from day
to day by the police, precinct by precinct, as changes of resi-
dence occur among the children of such cities within the ages
prescribed in this article and as other persons come within the
ages prescribed herein and as other persons within such ages shall
become residents of such cities, so that said board shall always
have on file a complete census of the names and residences of the
children betw^een such ages and of the persons in parental relation
thereto. It shall be the duty of persons in parental relation to
140 NEW YORK STATE EDUCATIONS' DEPARTMENT
any child residing within the limits of said cities of the first class
to report at the police station house of the precinct within which
they severally reside, the following information:
1. Two weeks before any child becomes of the compulsory
school age, the name of such child, its residence, the name of the
person or persons in parental relation thereto, and the name and
location of the school to which such child is sent as a pupil.
2. In case a child of compulsory school age is for any cause
removed from one school and sent to another school, or sent to
work in accordance with the labor law, all the facts in relation
thereto.
3. In case the residence of a child is removed from one police
precinct to another police precinct, the new residence and the
other facts required in the two preceding subdivisions.
4. In case a child between the ages of four and eighteen be-
comes a resident of one of said cities of the first class for the first
time the residence and such other facts as the census board shall
require. iSuoh census •shall include all persons between the ages
of four and eighteen years, the day of the month and the year
of the birth of each of such persons, their respective residences
by street and number, the names of their parents or guardians,
such information relating to illiteracy and to the enforcement
of the law relating to child labor and compulsory education as
the school authorities of the state and of such cities shall require
and also such further information as such authorities shall re-
quire.
§ 651. School census in cities not of tlie first class.
A permanent census board may be established in any city not of
the first class, in accordance with the provisions of this article.
If a census board shall not be established in such cities, then,
during the month of October, nineteen hundred and nine, and in
the month of October every fourth year thereafter, the school
authorities of every city, not a city of the first class, shall take a
census of the children of their respective cities. Such census shall
include the information required from the cities of the first class
as provided in section six hundred and fifty of this chapter.
§ 652. School census in school districts. The board
of trustees of every school district shall annually on the thirtieth
day of August cause a census of all children between the ages
of five and eighteen years to be taken in their respective school
EDUCATION^ LAW
141
districts. Such census shall include the information required
from cities as provided in this- article.
§ 653. Penalty for withholding information. A
parent, guardian or other person having under his contrd ^
charge a child between the ages of four and eighteen years who
withholds or refuses to give information in his possession relating
to such child and required under this article, or any such parent,
guardian or other person who gives false information in relation
thereto, shall be liable to and punished by fine not exceeding
twenty dollars or by imprisonment not exceeding thirty days.
§ 654. Payment of expenses. The money required for
the purpose of carrying this article into effect shall be paid by the
cities and school districts respectively, included in the provisions
of this article, but, in cities in which a permanent census board
as provided under section six hundred and fifty of this chapter
is not established and maintained, and in school districts, such
moneys shall be paid for the services rendered in the taking of
the school census on the certificate of the state commissioner of
education that such census has been satisfactorily taken.
ARTICLE 25
Text-Books
Section 670. Power to designate text-books.
671. Kequisites for change.
672. Penalty for violation.
673. Pree text-books in union free school districts.
§ 670. Po-iver to designate text-books. 1. In the
several cities and union free school districts of the state, boards
of education or such body or officer as perform the functions of
such boards, shall designate text-books to be used in the schools
under their charge.
2. In the common school districts in the state the text-books
used in the schools therein shall be designated at an annual
school meeting by a two-thirds vote of all the legal voters present
and voting at such school meeting.
§ 671. Requisites for change. 1. When a text-book
shall have been designated for use in a union free school district
or city as provided in subdivision one of the preceding section,
it shall not be lawful to supersede such text-book by any other
142 NEW YORK STATE EDUCATIOjS^ DEPARTMENT
book within a period of five years from tte time of such designa-
tion except upon a three-fourths vote of the board of education,
or of such body or officer as performs the function of such board.
2. When a text-book shall have been designated in any common
school district as provided in subdivision two of the preceding sec-
tion it shall not be lawful to supersede such text-book except upon
a three-fourths vote of the legal voters present and voting upon
such proposition at an annual meeting of such district.
§ 672. Penalty for violation. Any person violating
any of the provisions of this article shall be liable to a penalty
of not less than fifty dollars nor more than one hundred dollars
for every such violation, to be sued for by any taxpayer of the
school district, and recovered before any justice of the peace and
when collected, to be paid to the collector or treasurer for the
benefit of said school district.
§ 673. Free text-boOks in union free school dis-
tricts. 1. The qualified voters of any union free school district
present at any annual school meeting or at any special school meet-
ing duly and legally called for that purpose, shall have power, by a
majority vote, to be ascertained by taking and recording the ayes
and noes, to vote a tax for the purchase of all text-books used,
or to be used, in the schools of the district.
2. If such tax shall be voted it shall be the duty of the board of
education of such district, within ninety days thereafter, to pur-
chase and furnish free text-books to all the pupils attending the
schools in such district. Such board of education shall have power
to establish such rules and regulations concerning the use by the
pupils of such text-books, and the care, preservation and custody
thereof as it shall deem necessary.
ARTICLE 26
Physiologry and Hyg'iene
Section 690. Instruction regarding nature of alcoholic drinks.
691. Enforcement of last section.
§ 690. Instruction regarding nature of alcoholic
drinks. 1. The nature of alcoholic drinks and other narcotics
and their effects on the human system shall be taught in connec-
tion with the various divisions of physiology and hygiene, as
EDUCATIOIf LAW 143
thoroughly as are other branches in all schools under state control,
or supported wholly or in part by public money of the state, and
also in all schools connected with reformatory institutions.
2. All pupils in the above-mentioned schools below the second-
year of the high school and above the third year of school work
computing from the beginning of the lowest primary, not kinder-
garten, year, or in corresponding classes of ungraded schools, shall
be taught and shall study this subject every year with suitable
text-books in the hands of all pupils, for not less than three
lessons a week for ten or more weeks, or the equivalent of the
same in each year, and must pass satisfactory tests in this as in
other studies before promotion to the next succeeding year's work;
except that, where there are nine or more school years below the
high school, the study may be omitted in all years above the eighth
year and b<?low the high school, by such pupils as have passed the
required tests of the eighth year.
3. In all schools above-mentioned, all pupils in the lowest three
primary, not kindergarten, school years or in corresponding classes
in ungraded schools shall each year be instructed in this subject
orally for not less than two lessons a week for ten weeks, or the
equivalent of the same in each year, by teachers using text-books
adapted for such oral instruction as a guide and standard, and
such pupils must pass such tests in this as may be required in
other studies before promotion to the next succeeding year's work.
Nothing in this article shall be construed as prohibiting or requir-
ing the teaching of this subject in kindergarten schools.
4. The local school authorities shall provide needed facilities
and definite time and place for this branch in the regular courses
of study.
5. The text-books in the pupils' hands shall be graded to the
capacities of fourth year, intermediate, grammar and high school
))upils, or to corresponding classes in ungraded schools, l^br stu-
dents below high school grade, such text-books shall give at least
one-fifth their space, and for students of high school grade, shall
give not less than twenty pages to the nature and effects of alco-
holic drinks and other narcotics. This subject must be treated in
the text-books in connection with the various divisions of physi-
ology and hygiene, and pages on this subject in a separate chapter
at the end of the books shall not be counted in determining the
minimum. No text-book on physiology not conforming to this
article shall be used in the public schools.
144 NEW YORK STATE EDUCATION DEPARTMENT
6. All regents' examinations in physiology and hygiene shall
include a due proportion of questions on the nature of alcoholic
drinks and other narcotics, and their effects on the human system.
§ 691. Enforcement of last section. 1. In all normal
schools, teachers' training classes and teachers' institutes, adequate
time and attention shall be given to instruction in the best meth-
ods of teaching this branch, and no teacher shall be licensed who
has not passed a satisfactory examination in the subject and the
best methods of teaching it. On satisfactory evidence that any
teacher has wilfully refused to teach this subject, as provided in
this article, the commissioner of education shall revoke the license
of such teacher.
2. 'No public money of the state shall be apportioned by the
commissioner of education or paid for the benefit of any city until
the superintendent of schools therein shall have filed with the
treasurer or chamberlain of such city an affidavit, and with the
commissioner of education a duplicate of such affidavit, that he
has made thorough investigation as to the facts, and that to the
best of his knowledge, information and belief, all the provisions of
this article have been complied with in all the schools under his
supervision in such city during the last preceding legal school year.
3. Not shall any public money of the state be apportioned by
the commissioner of education or by school commissioners, or
paid for the benefit of any school district, until the president of
the board of trustees, or in the case of common school districts
the trustee or some one member of the board of trustees, shall
have filed with the school commissioner having jurisdiction an
affidavit that he has made thorough investigation as to the facts
and that to the best of his knowledge, information and belief, all
the provisions of this article have been complied with in such
district, which affidavit shall be included in the trustees' annual
report.
4. It shall be the duty of every school commissioner to file with
the commissioner of education an affidavit in connection with his
annual report, showing all districts in his jurisdiction that have
and those that have not complied with all the provisions of this
article, according to the best of his knowledge, information and
belief, based upon a thorough investigation by him as to the facts.
5. Not shall any public money of the state be apportioned or
paid for the benefit of any teachers' training class, teachers' in-
stitute or other school mentioned herein until the officer having
EDUCATION" LAW
145
jurisdiction or supervision thereof shall have filed with the com-
missioner of education an affidavit that he has made thorough in-
vestigation as to the facts and that to the best of his knowledge,
information and belief, all the provisions of this article relative,
thereto have been complied with.
6. The principal of each normal school in the state shall at the
close of each school year file with the commissioner of education
an affidavit that all the provisions of this article applicable thereto
have been complied with during the school year just terminated
and until such affidavit shall be filed no warrant shall be issued
by the commissioner of education for the payment by the treas-
urer of any part of the money appropriated for such school.
7. It shall be the duty of the commissioner of education to
provide blank forms of affidavit required herein for use by the
local school officers, and he shall include in his annual report a
statement showing every school, city or district which has failed
to comply with all the provisions of this article during the pre-
ceding school year.
8. On complaint by appeal to the commissioner of education
by any patron of the schools mentioned in the last preceding
section or by any citizen that any provision of this article has not
been complied with in any city or district, the commissioner of
education shall make immediate investigation, and on satisfactory
evidence of the truth of such complaint, shall thereupon and there-
after withhold all public money of the state to which such city
or district would otherwise be entitled, until all the provisions of
this article shall be complied with in said city or district, and
shall exercise his power of reclamation and deduction under sec-
tion four hundred and ninety-one of this chapter.
ARTICLE 27
The Fla^
Section 710
711,
Purchase and display of flag.
Rules and regulations.
712. Commissioner of education shall prepare program.
713. Military drill excluded.
§ 710. Purcliase and display of flag. It shall be the
duty of the school authorities of every public school in the several
cities and school districts of the state to purchase a United States
flag, flag-staff and the necessary appliances therefor, and to dis-
146 NEW YOKK STATE EDUCATION DEPARTMENT
plaj such flag upon or near the public school building during
school hours, and at such other times as such school authorities
may direct.
§ 711. Rules and regulations. The said school author-
ities shall establish rules and regulations for the proper custody,
care and display of the flag, and when the weather will not
permit it to be otherwise displayed, it shall be placed conspic-
uously in the principal room in the school-house.
§ 712. Commissioner of education shall prepare
program. 1. It shall be the duty of the commissioner of edu-
cation to prepare, for the use of the public schools of the state,
a program providing for a salute to the flag and such other patri-
otic exercises as may be deemed by him to be expedient, under
such regulations and instructions as may best nie€t the varied
requirements of the different grades in such schools.
2. It shall also be his duty to make special provision for the
observance in the public schools of Lincoln's birthday, Washing-
ton's birthday. Memorial day and Flag day, and such other legal
holidays of like character as may be hereafter designated by law
when the legislature makes an appropriation therefor.
§ 713. Military drill excluded. Nothing herein con-
tained shall be construed to authorize military instruction or drill
in the public schools during school hours.
ARTICLE 28
Fire Drills
Section 730. Duty to maintain drills.
731. Penalty for neglect.
732. Duty to instruct teachers.
733. 'Not applicable to colleges or universities.
§ 730. Duty to maintain drills. It shall be the duty of
the principal or other person in charge of every public or private
school or educational institution within the state, having more
than one hundred pupils, or maintained in a building two or
more stories high to instruct and train the pupils by means of
drills, so that they may in a sudden emergency be able to leave
the school building in the shortest possible time and without con-
fusion or panic. Such drills or rapid dismissals shall be held at
least once in each month.
educatio:n^ law
147
§ 731. Penalty for neglect. JsTeglect bj any principal
or other person in charge of any public or private school or
educational institution to comply with the provisions of this
article shall be a misdemeanor punishable at the discretion of the"
court by fine not exceeding fifty dollars; such fine to be paid to
the pension fund of the local fire department where there is such
a fund.
§ 732. Duty to instruct teachers. It shall be the duty
of the board of education or school board or other body having
control of the schools in any district or city to cause a copy of this
article to be printed in the manual or handbook prepared for the
guidance of teachers, where such manual or handbook is in use
or may hereafter come into use.
§ 733. Not applicable to colleges or universities.
The provisions of this article shall not apply to colleges or uni-
versities.
ARTICLE 29
Arbor Day
Section 750. Arbor day.
751. Manner of observance.
752. Prescribed course of exercises.
§ 750. Arbor day. The Friday following the first day of
May in each year shall be known as Arbor day.
§ 751. Manner of observance. It shall be the duty
of the authorities of every public school in this state to assemble
the pupils in their charge on that day in the school building, or
elsewhere, as they may deem proper, and to provide for and con-
duct, under the general supervision of the city superintendent or
the school commissioner, or other chief officers having the general
oversight of the public schools in each city or district, such exer-
cises as shall tend to encourage the planting, protection and
preservation of trees and shrubs, and an acquaintance with the
best methods to be adopted to accomplish such results.
§ 752. Prescribed course of exercises. The commis-
sioner of education may prescribe from time to time a course of
exercises and instruction in the subjects hereinbefore mentioned,
which shall be adopted and observed by the public school authori-
ties on Arbor day. Upon receipt of copies of such course siifH-
148 NEW YORK STATE EDUCATION DEPARTMENT
cient in number to supply all the schools under their supervision,
the school commissioner or city superintendent aforesaid shall
promptly provide each of the schools under his charge with a
copy, and cause it to be observed.
ARTICLE 30
Teachers' Institute
Section 770. Duties of commissioner of education regarding
teachers' institutes.
771. Duties of school commissioners.
772. Schools must be closed.
77?). Penalty for failure to attend or to close schools.
774. Teachers must attend; entitled ta salaries.
775. Payment of expenses.
§ 770. Duties of commissioner of education re-
garding teachers' institutes. It shall be the duty of the
commissioner of education:
1. To appoint a teachers' institute once in each year in each
school commissioner district of the state, for the benefit and
instruction of the teachers in the public schools, and of such as
intend to become teachers, with special reference to the presenta-
tion of subjects relating to the principles of education and methods
of instruction in the various branches of study pursued in the
schools. After consultation with the school commissioners, the
said commissioner of education shall have power to determine the
duration of each institute and to designate the time and place of
holding the same.
2. To employ suitable persons, at a reasonable compensation, to
supervise and conduct the institutes, and, in his discretion, to pro-
vide for such additional instruction as he may deem advisable and
for the best interests of the schools.
3. To appoint in his discretion an institute for two or more
school commissioner districts.
4. To establish such regulations for the government of insti-
tutes as he may deem best ; and he may establish such regulations
in regard to certificates of qualification or recommendation which
may be issued by school commissioners as will, in his judgment,
furnish incentives and encouragement to teachers to attend the
institutes.
EDUCATION LAW 149
5. To visit tlie institutes, or cause them to be visited by rep-
resentatives of the education department, for the purpose of exam-
ining into the course and character of instruction given, and of
rendering such assistance as he may find expedient.
§ 771. Duties of school commissioners. It shall be
the duty of every school commissioner, subject always to the
advice and direction of the commissioner of education:
1. To notify all teachers, trustees, boards of education and
others known to him who may desire to become teachers under
his jurisdiction, of the time when and the place where the insti-
tute will be held.
2. To make all necessary arrangements for holding the 11181:1 tute
when appointed; see that a suitable room is provided; attend to
all necessary details connected therewith ; assist the conductor in
organization; keep a record of all teachers in attendance and
notify the trustees of the number of days attended by the teachers
of the various districts, which shall be the basis of pay to such
teacher for attendance as hereafter provided.
3. To transmit to the commissioner of education at the close
of each institute, in such form, and within such time, as such
commissioner shall prescribe, a full report of the institute, in-
cluding a list of all teachers in attendance, the number of days
attended by each teacher, with such other information as may be
required.
4. To present a full statement of all expenses incurred by him
in carrying on the institute, with vouchers for all expenditures
made, accompanying the same by an affidavit of the correctness
of statements made and of accounts presented.
§ 772. Schools must be closed. 1. All schools in school
districts and parts of school districts within any school commis-
sioner district wherein an institute is held, not included within
the boundaries of an incorporated city, except as herein provided,
shall be closed during the time such institute shall be in session.
2. The closing of a school within the school commissioner dis-
trict wherein an institute shall be held, at which a teacher has
attended, shall not work a forfeiture of the contract under which
such teacher was employed.
8. In all districts having a population of more than five thou-
sand, and employing a superintendent whose time is exclusively
devoted to the supervision of the schools therein, the schools may
150 NEW YOKK STATE EDUCATION DEPARTMENT
be closed or not at the option of the boards of education in 3uch
districts.
§ 773. Penalty for failure to attend or to close
schools. Wilful failure on the part of a teacher to attend a
teachers' institute as required, shall be sufficient cause for the
revocation of such teacher's license, and a wilful failure on the
part of trustees to close their schools during the holding of an
institute as required, shall be suffieient cause for withholding the
public moneys to which such districts would otherwise be entitled.
§ 774. Teachers must attend; entitled to salaries.
1. Any person under contract to teach in a school in any commis-
sioner district, is required to attend an institute if one is held for
that district, even though at the time of such institute the school
is not in session, and shall be entitled to receive full salary for
the actual time in attendance at such institute.
2. The trustees of every school district are hereby directed to
give the teachers employed in their district the whole of the time,
while an institute for the school commissioner district in which
their school is located is in session, for attendance thereat and shall
make no deduction whatever from the salaries of such teachers
for the time so spent.
§ 775. Payment of expenses. The treasurer shall pay,
on the warrant of the comptroller, to the order of any one or
more of the school commissioners, such sum of money as the cojn-
missioner of education shall certify to be due to them for expenses
in holding a teachers' institute; and upon the like warrant and
certificate snail pay to the order of any persons employed by the
commissioner of education as additional instructors to conduct,
instruct, teach or supervise any such teachers' institute.
ARTICLE 31
Training- Classes
Section Y90. Designation of schools for classes.
791. Regulations for classes.
792. Instruction free.
793. ^School commissioners shall supervise and examine
classes; teachers' certificates.
794. Teachers' training schools or classes under superin-
tendents of schools.
So in original.
EDUCATIO:^ LAW 151
§ 790. Designation of schools for classes. The com-
missioner of education shall designate the academies and union
free schools in which training classes may be organized to give in-
struction in the science and practice of common school teaching.
Such classes shall be distributed among the academies and high
schools of the several school commissioner districts of the state
and consideration shall be given to the number of school districts
in each and the location and character of the institution designated.
§ 791. Regulations for classes. 1. Every academy
and union school so designated shall instruct a training class of
not less than ten nor more than twenty-five scholars, and every
scholar admitted to such class shall continue under instruction
not less than thirty-six weeks.
2. Whenever it shall be shown to the satisfaction of the com-
missioner of education that any pupil attending such classes has
been prevented from attending the same for the full term of thirty-
six weeks, or that for any reason satisfactory to such commis-
sioner, said classes have not been held for the full term of thirty-
six weeks or have been attended by less than ten members, such
commissioner may excuse such default and allow to the trustees of
the academy or union free school in which said classes have been
instructed an equitable allowance proportionate to the number of
pupils and period of instruction.
3. The commissioner shall prescribe the conditions of admission
to the classes, the course of instruction and the rules and regula-
tions under which said instruction shall be given.
§ 792. Instruction free. Instruction shall be free to
all scholars admitted to such classes, who have continued in them
the length of time required by the preceding section.
§ 793. School commissioners shall supervise classes.
Each class organized in any academy or union school under ap-
pointment by the commissioner of education for the instruction in
the science and practice of common school teaching, shall be sub-
ject to the visitation of the school commissioner of the district in
which such academy or union school is situated ; and it shall be the
duty of said school commissioner to advise and assist the principals
of said academies or union schools in the organization and manage-
ment of said classes.
§ 794. Teachers' training schools or classes under
superintendents of schools. The board of education or
the public school authorities of any city or of any school district
152 NEW YORK STATE EBUCATIOX DEPARTMENT
having a population of five thousand or more and employing a
superintendent of schools, may establish, maintain, direct and
control one or more schools or classes for the professional instruc-
tion and training of teachers in the principles of education and in
the method of instruction for not less than two years.
ARTICLE 32
Normal Schools; State Normal Colleg'e
Section 810. i^ormal schools continued.
811. Local boards.
812. Powers of local boards.
813. Bond of treasurer.
814. Salary of secretary and treasurer.
815. Local boards shall have management of buildings
and property.
816. Courses of study.
817. Teachers, salaries, et cetera.
818. Commissioner may perform duties of defaulting
local board.
819. Diplomas.
820. Requisites for admission; privileges and duties of
pupils.
821. Practice departments in Fredonia school.
822. Special policemen.
823. Village or city may insure normal school property.
824. Expense of insurance a village or city charge.
825. Deposit of insurance moneys in bank.
826. Acceptance of grants and bequests authorized.
827. Education of Lidian youth.
828. Selection of Indian youth.
829. Age of youth and limit of time for support.
830. Guardians of youth.
831. Indian pupils on equality with others.
832. !N^ew York state normal college.
833. Board of trustees.
§ 810. Normal schools continued. The state normal
schools heretofore established at Brockport, Buffalo, Cortland,
Fredonia, Gcneseo, 'New Paltz, Onconta, Oswego, Plattsburgh
and Potsdam, are continued.
EDUCATION LAW 153
§ 811. Local boards. Tliere shall continue to be a local
board of each of said state normal schools, consisting of not less
than three nor more than thirteen persons and the members
thereof shall hold their offices until removed by the concurrent
action of the chancellor of the university and the commissioner"
of education. A vacancy in any of said boards shall be filled by
appointment by the commissioner of education.
§ 812. Powers of local boards, j. Local boards shall
have the immediate supervision and management of said schools,
subject, however, to the general supervision of the commissioner
of education and to his direction in all things pertaining to the
school. Said local boards shall have power to appoint one of
their number chairman, one secretary and another treasurer of
the board. The secretary may also be treasurer.
2. A majority of each of said boards shall form a quorum for
the transaction of business, and in the absence of any officer of
the board, another member may be appointed pro tempore to fill
his place and perform his duties.
3. It shall be the duty of such board to make and establish, and
from time to time to alter and amend, such rules and regulations
for the government of such schools under their charge, respect-
ively, as they shall deem best, which shall be subject to the
approval of the commissioner of education.
4. They shall also severally transmit through the commissioner
of education, and ^ibject to his approval and in the form which
he directs, a report to the legislature on the first day of January
in each year, showing the condition of the school under their
charge during the year next preceding, including, especially, an
account in detail of their receipts and expenditures, which shall
be duly verified by the oath or affirmation of their chairman and
secretary.
§ 813. Bond of treasurer. The treasurer shall give an
undertaking to the people of the state for the faithful perform-
ance of his trust in an amount fixed by the commissioner of
education. The undertaking shall be approved by said commis-
sioner and filed in the office of the comptroller.
§ 814. Salary of secretary and treasurer. The secre-
tary and the treasurer shall each be paid an annual salary to be
fixed by the local board with the approval of the commissioner of
education, but the aggregate amount of such salaries shall not
exceed four hundred dollars.
154: KEW YORK STATE EDTJCATIOI^ DEPARTMENT
§ 815. liocal boards shall have management of
buildings and property. The local boards of managers of
the respective normal schools in this state shall have the custody,
keeping and management of the grounds and buildings provided
or used for the purposes of such schools, respectively, and other
property of the state pertainiug thereto, with power to protect,
preserve and improve the same.
§ 816. Courses of study. It shall be the duty of the
commissioner of education to prescribe the courses of study to be
pursued in each of said schools.
§ 817. Teachers, salaries, et cetera. The commis-
sioner of education shall determine the number of teachers to be
employed in each normal school and the salary of such teachers.
The employment of such teachers shall also be subject to his
approval.
§ 818. Commissioner may perform duties of de-
faulting local board. During such time as any local board
shall fail or refuse to discharge any duty the commissioner of
education is hereby authorized to discharge such duty of such
local boards or any of their officers; and the acts of said com-
missioner of education in the premises shall be as valid and bind-
ing as if done by a competent local board or its officers, or with
their co-operation.
§ 819. Diplomas. The commissioner of education shall
prepare suitable diplomas to be granted to the students of such
school, who shall have completed one or more of the courses of
study and discipline prescribed, and a diploma signed by him,
the chairman and secretary of the local board and the principal
of the school, shall be of itself a certificate of qualification to
teach common schools.
§ 820. Requisites for admission; privileges and
duties of pupils. 1. All applicants for admission to a nor-
mal school shall be residents of this state, or, if not, they shall
be admitted only upon the payment of such tuition fees as shall
be, from time to time, prescribed by the commissioner of educa-
tion. Applicants shall present such evidences of proficiency or
be subject to such examination as shall be prescribed by said
commissioner.
2. A normal school shall not receive into its academic depart-
ment any pupil not a resident of the territory, for the benefit or
advantage of whose residents the state has pledged itself to main-
I
EBTTCATION LAW 1^
tain siicli academic department unless such pupil declares it to be
her intention to remain in such school to complete the regular
normal course.
3. All students duly admitted to the normal department shftll-
be entitled to all the privileges of the school, free from all charges
for tuition or for the use of books or apparatus, but every pupil
shall pay for books lost by him, and for any damage to books in
his possession. Any pupil may be dismissed from the school
by the local board for immoral or disorderly conduct, or for neglect
or inability to perform his duties.
§ 821. Practice departments in Fredonia school.
The local board of control of the state normal school at Fredonia
shall have the same powers and privileges in respect to practice
departments as boards of education, under subdivision three of
section three hundred and ten and section three hundred and seven-
teen of this chapter.
§ 822. Special policemen. For the purpose of protecting
and preserving such buildings, grounds and other property, and
preventing injuries thereto, and preserving order, preventing dis-
turbances, and preserving the peace in such buildings and upon
such grounds, the local boards of managers of each of said normal
schools shall have power, by resolution or otherwise, to appoint,
from time to time, one or more special policemen, and to remove
the same at pleasure, who shall be police officers, with the same
powers as constables of the town or city where such school is
located, whose duty it shall be to preserve order, and prevent dis-
turbances and breaches of the peace in and about the buildings,
and on and about the grounds used for said school, or pertaining
thereto, and protect and preserve the same from injury, and to
arrest any and all persons making any loud or unusual noise,
causing any disturbance, committing any breach of the peace, or
misdemeanor or any wilful trespass upon such grounds, or in or
upon said buildings, or any part thereof and convey such person
or persons so arrested, with a statement of the cause of the arrest,
before a proper magistrate to be dealt with according to law.
§ 823. Village or city may insure normal school
property. Each village and city in this state, wherein is
located a state normal and training school, may insure and keep
insured, the real and personal property of such school against loss
or damage by fire, when the state refuses to insure, or keep ade-
quately insured, such property. The insurance is to be in the name
156 NEW YOKK STATE EDUCATION DEPARTMENT
of the state, and in case of loss, any moneys obtained from such in-
surance are to be used and disposed of the same as if the state had
effected such insurance. The amount of insurance to be carried shall
be determined by the municipal authorities of such village or city.
§ 824. Expense of insurance a village or city
charge. The amount of money necessary to effect and con-
tinue such insurance shall be raised annually by such village or
city at the same time, and in the same manner, as the ordinary
expenses of the village or city are raised.
§ 825. Deposit of insurance moneys in bank. Where
any loss or damage, against which insurance exists, occurs to
the real or personal property of any of the normal and training
schools of the state, the moneys realized from such insurance
shall be deposited by each company in which such property is
insured in a bank to be designated by the state comptroller, sub-
ject to the check of the local board of managers of such school,
countersigned by the state comptroller. Such moneys shall be
kept as a separate fund to the credit of the local board of man-
agers of such school, and shall be immediately available to be
expended under the direction of such local board of managers,
subject to the approval of the commissioner of education, to repair
or replace, wholly or partially, the real or personal property so
damaged or destroyed.
§ 826. Acceptance of grants and bequests author-
ized. The local board of managers of any state normal and
training school of this state, may accept, for the state, by and with
the consent of the commissioner of education the gift, grant, devise
or bequest of money or other property, and *to apply the same to
any purpose, not inconsistent with the general purposes of such
school, which shall be prescribed in the instrument by which such
gift, grant, devise or bequest shall be made.
§ 827. Education of Indian youth. The state treas-
urer shall pay, on the warrant of the comptroller, on bills ap-
proved by the commissioner of education, from the general fund,
such sum as may be appropriated for the support and education of
Indian youth in the state normal schools.
§ 828. Selection of Indian youth. The selection of
such youth shall be made by the commissioner of education, from
the several Indian tribes located within this state; and in making
such selection due regard shall be had to a just participation in
* So in orijiinal.
EDUCATION LAW 157
the privileges of this article by each of the said several tribes,
and, if practicable, reference shall also be had to the population
of each of said tribes in determining such selection.
§ 829. Age of youth and limit of time for support..
Such youth shall not be under sixteen years of age, nor shall any
of such youth be supported or educated at said normal schools for
a period exceeding three years.
§ 830. Guardians of youth. The local board of each
normal school shall be the guardians of such Indian youth, during
the period of their connection with the school ; and shall pay their
necessary expenses, as provided in section eight hundred and
twenty-seven of this article.
§ 831. Indian pupils on equality ivith others. The
Indian pupils selected in pursuance of this article, and attending
said normal schools, shall enjoy the same privileges, of every kind,
as the other pupils attending said schools, including the payment
of traveling expenses, not exceeding ten dollars to each pupil.
§ 832. New York state normal college. 1. The state
normal school heretofore established at Albany is continued under
the name of the 'New York state normal college and the executive
committee of said college shall be known as the board of trustees
thereof.
2. The said state normal college shall be as heretofore, under
the supervision, management and government of the commissioner
of education and the regents of the university. The said com-
missioner and regents shall from time to time, make all needful
rules and regulations ; fix the number and compensation of teachers
and others to be employed therein ; prescribe the examination and
the terms and conditions on which pupils shall be received and
instructed therein; the number of pupils from the respective
counties conforming as nearly as may be to the ratio of population,
and provide in all things for the good government and management
of the said college.
§ 833. Board of trustees. 1. The board of trustees hav-
ing the care, management and government of said college shall
consist of five persons of whom the commissioner of education shall
be one. Said commissioner shall be president ex officio of said
board. The other members of such board shall be appointed by
said commissioner subject to the approval of the regents.
2. In addition to the powers and duties named herein the com-
missioner of education and the board of trustees of said state
158 NEW YORK STATE EDUCATION DEPARTMENT
normal college shall possess all the powers and duties which the
said commissioner and the local boards respectively possess under
this article in relation to state normal schools.
ARTICLE 33
Fines, Penalties, Forfeitures and Costs
Section 850. Disposition of fines for benefit of common schools.
851. Report and payment of fines.
852. Disposition of fines for benefit of schools of town,
district or city.
853. Disposition of fine in case of joint district.
854. Penalty for falsely claiming to represent commis-
sioner of education, regents or other school officer.
855. Forfeiture of amount of moneys lost by neglect.
856. Forfeiture of amount of penalty where suit is
neglected.
857. 'No costs to plaintiffs in certain cases.
858. Costs, expenses and damages a district charge in
certain cases.
859. Payment of costs, charges and expenses by vote of
district meeting.
860. Appeal to county judge.
861. Hearing before county judge.
862. Duty of trustees to carry out order.
§ 850. Disposition of fines for benefit of common
schools. Whenever, by any statute, a penalty or fine is imposed
for the benefit of common schools, and not expressly of the common
schools of a town or school district, it shall be taken to be for the
benefit of the common schools of the county within which the con-
viction is had; and the fine or penalty, when paid or collected,
shall be paid forthwith into the county treasury, and the treasurer
shall credit the same as school moneys of the county, unless the
county comprise a city having a special school act, in which case
he shall report it to the commissioner of education, who shall
apportion it upon the basis of population by the last census, be-
tween the city and the residue of the county, and the portion be-
longing to the city shall be paid into its treasury.
§ 851. Report and payment of fines. Every district
attorney shall report, annually, to the board of supervisors, all
EDUCATION LAW 159
such fines and penalties imposed in any prosecution conducted
by him during the previous year; and all moneys collected oi
received by him or by the sheriff, or any other officer, for or on
account of such fines or penalties, shall be immediately paid into_
the county treasury, and the receipt of the county treasurer shall
be a sufficient and the only voucher for such money.
§ 852. Disposition of fines for benefit of schools
of toivn, district or city. Whenever a fine or penalty is
inflicted or imposed for the benefit of the common schools of a
town or school district, the magistrate, constable or other officer
collecting or receiving the same shall forthwith pay the same to the
county treasurer of the county in which the schoolhouse is located,
who shall credit the same to the town or district for whose benefit
it is collected. If the fine or penalty be inflicted or imposed for
the benefit of the common schools of a city having a special school
act, or of any part or district of a city, it shall be paid into the city
treasury.
§ 853. Disposition of fine in case of joint district.
Whenever a penalty or fine is imposed upon any school district
officer for a violation or omission of official duty, or upon any
person for any act or omission within a school district, or touch-
ing property or the peace and good order of the district, and such
penalty or fine is declared to be for the use or benefit of the
common schools of the town or of the county, and such school
district lies in two or more towns or counties, the town or county
intended by the act shall be taken to be the one in which the
schoolhouse, or the schoolhouse longest owned or held by the
district is at the time of such violation, act or omission.
§ 854. Penalty for falsely claiming to represent
commissioner of education, regents or other school
officer. It shall be a misdemeanor for any employee, agent or
representative of a firm, company or corporation engaged in
selling, publishing or manufacturing papers, periodicals, books,
maps, charts, school supplies, apparatus or furniture, or any
other person engaged or employed in such business to falsely
represent to a board of trustees or board of education of a school
district or to a teacher employed in a public school in this state
or to a superintendent of schools or other school officer that he
is an agent, employee, or representative of the commissioner of
education, the state education department, the regents, or of any
other school officer.
160 NEW YORK STATE EDUCATION DEPARTMENT
§ 855. Forfeiture of amount of moneys lost by
neglect. Whenever the share of school moneys or any portion
thereof, apportioned to any town or school district, or any money
to which a town or school district would have been entitled, shall
be lost, in consequence of any wilful neglect of official duty by
any school commissioner, town clerk, trustees or clerks of school
districts, the officer guilty of such neglect shall forfeit to the
town, or school district so losing the same, the full amount of such
loss with interest thereon.
§ 856. Forfeiture of amount of penalty "where suit
is neglected. Where any penalty for the benefit of a school
district, or of the schools of any school district, town, school
commissioner district or county, shall be incurred, and the officer,
whose duty it is by law to sue for the same, shall wilfully and
unreasonably refuse or neglect to sue for the same, such officer
shall forfeit the amount of such penalty to the same use, and it
shall be the duty of his successor in office tb sue for the same.
§ 857. No costs to plaintiffs in certain cases. 1. In
any action against school officers, including supervisors of towns,
in respect to their duties and powers under this chapter, for any
act performed by virtue of or under the color of their offices, or
for any refusal or omission to perform any duty enjoined by
law, and which might have been the subject of an appeal to the
commissioner of education, no costs shall be allowed to the plain-
tiff, in cases where the court shall certify that it appeared on
the trial that the defendants acted in good faith.
2. The provision of subdivision one of this section shall not
extend to suits for penalties, nor to suits or proceedings to enforce
the decisions of the commissioner of education.
§ 858. Costs, expenses and damages a district
charge in certain cases. 1. Whenever the trustees of any
school district, or any school district officers, have been or shall
be instructed by a resolution adopted at a district meeting to
defend any action brought against them, or to bring or defend an
action or proceeding touching any district property or claim of the
district, or involving its rights or interests, or to continue any
such action or defense, all their costs and reasonable expenses, as
well as all costs and damages adjudged against them, shall be a
district charge and shall be levied by tax upon the district.
2. If the amount claimed by them be disputed by a district
meeting, it shall be adjusted by the county judge of any county
in which the district or any part of it is situated.
EDUCATION LAW ^ 161
§ 859. Payment of costs, charges and expenses by
vote of district meeting. 1. Whenever such trustees or
any school district officer shall have brought or defended any
such action or proceeding, vi^ithout any such resolution of the dis-.
trict meeting, and after the final determination of such suit or
proceeding, shall present to any regular meeting of the inhabi-
tants of the district, an account, in writing, of all costs, charges
and expenses paid by him or them, with the items thereof, and
verified by his or their oath or affirmation, and a majority of the
voters at such meeting shall so direct, it shall be the duty of the
trustees to cause the same to be assessed upon and collected of
the taxable property of said district, in the same manner as other
taxes are by law assessed and collected; and, when so collected,
the same shall be paid over, by an order upon the collector or
treasurer to the officers entitled to receive the same.
2. The provision of subdivision one of this section shall not
extend to suits for penalties, nor to suits or proceedings to en-
force the decisions of the commissioner of education.
§ 860. Appeal to county judge. 1. Whenever any
officer mentioned in section eight hundred and fifty-nine shall
have complied with the provisions of such section and the meet-
ing shall have refused to direct the trustees to levy a tax for
the payment of the costs, charges and expenses claimed by him,
such officer shall immediately give notice to such meeting that
he will appeal to the county judge of the county in which such
district is located from the refusal of said meeting to vote a tax
for the ])ayment of such claim.
2. Within ten days after the refusal of the meeting to allow
such claim such officer shall serve upon the clerk of the district
or, if there be no district clerk, upon the town clerk of the town
an itemized statement of his claim, duly verified, together with a
written notice that on a certain day named therein such officer
will present such claim to the county judge for settlement.
3. The clerk upon whom such notice and claim are served shall
file the same in his office and such notice and claim shall be sub-
ject to the inspection of any of the inhabitants of the school
district.
4. The meeting at which notice of the intention of such officer
to appeal to the county judge is given or any subsequent district
meeting, duly called, may appoint one or more of the legal voters
of such district or authorize the trustee to employ counsel to
162 :N^EW YORK STATE EDUCATION DEPARTMENT
appear before the county judge at the time fixed for a hearing
en such claim and protect the rights of the district upon such
settlement. The expenses incurred in the performance of this
duty shall be a charge upon the district and the trustees upon a
presentation of the account of such expenses with proper vouchers
therefor shall pay the same from any available funds in the
district or include the necessary amount in a tax-list to be levied
upon the district.
5. A refusal of the trustees to levy such tax for the payment of
such expenses shall be subject to an appeal to the commissioner
of education.
§ 861. Hearing before county judge. 1. Upon the
appearance of the parties, or upon due proof of service of the
notice and copy of the account, the county judge shall examine
into the matter and hear the proofs and allegations presented by
the parties, and decide by order whether or not the account, or any
and what portion thereof, ought justly to be charged upon the dis-
trict, with costs and disbursements to such officer.
2. Such costs and disbursements shall not exceed the sum of
thirty dollars, and the decision of the county judge shall be final;
but no portion of such account shall be so ordered to be paid which
shall appear to such judge to have arisen from the wilful neglect
or misconduct of the claimant. The account with the oath of the
party claiming the same shall be prima facie evidence of the cor-
rectness thereof. The county judge may adjourn the hearing from
time to time, as justice shall seem to require.
§ 862. Duty of trustees to carry out order. It shall
be the duty of the trustees of any school district, within thirty
days after service upon them or upon the district clerk of a copy
of an order of the county judge and notice thereof to them or any
two of them, to cause the same to be entered at length in the book
of record of said district, and to raise the amount thereby directed
to be paid, by a tax upon the district, to be by them assessed and
levied in the same manner as a tax voted by the district.
ARTICLE 34
Appeals or Petitions to Commissioner of
Education
Section 880. Appeals or petitions to commissioner of education
and other proceedings.
EDUCATION LAW 163
Section 881. Powers of commissioner upon appeals *of petitions,
et cetera.
882. Filed papers and copies thereof.
§ 880. Appeals or petitions to commissioner o7~
education and other proceedings. Any person conceiv-
ing himself aggrieved may appeal or petition to the commissioner
of education who is hereby authorized and required to examine
and decide the same ; and the commissioner of education may also
institute such proceedings as are authorized under this act and
his decision in such appeals, petitions or proceedings shall be
final and conclusive, and not subject to question or review in any
place or court whatever. Such appeal or petition may be made in
consequence of any action:
1. By any school district meeting;
2. By any school commissioner and other ofBcers, in forming or
altering, or refusing to form or alter, any school district, or in
refusing to apportion any school moneys to any such district or
part of a district ;
3. By a supervisor in refusing to pay any such moneys to any
such district;
4. By the trustees of any district in paying or refusing to pay
any teacher, or in refusing to admit any scholar gratuitously into
any school or on any other matter upon which they may or do
officially act.
5. By any trustees of any school library concerning such library,
or the books therein, or the use of such books ;
6. By any district meeting in relation to the library or any
other matter pertaining to the affairs of the district.
7. By any other official act or decision of any officer, school
authorities, or meetings concerning any other matter under this
chapter, or any other act pertaining to common schools.
§ 881. PoTirers of commissioner upon appeals or
petitions, et cetera. The commissioner, in reference to such
appeals, petitions or proceedings, shall have power:
1. To regulate the practice therein.
2. To determine whether an appeal shall stay proceedings, and
prescribe conditions upon which it shall or shall not so operate.
3. To decline to entertain or to dismiss an appeal, when it shall
appear that the appellant has no interest in the matter appealed
• So in original.
ft
164: NEW YORK STATE EDUCATION DEPARTMENT
from, and that the matter is not a matter of public concern, and
that the person injuriously affected by the act or decision appealed
from is incompetent to appeal.
4. To make all orders, by directing the levying of taxes or other-
wise, which may, in his judgment, be proper or necessary to give
effect to his decision.
§ 882. Filed papers and copies thereof. The com-
missioner shall file, arrange in the order of time, and keep in
his office, so that they may be at all times accessible, all the pro-
ceedings on every appeal or petition to him under this article, in-
cluding his decision and orders founded thereon ; and copies of all
such papers and proceedings, authenticated by him under his seal
of office, shall be evidence equally with the originals.
ARTICLE 35
Orphan Schools
Section 900. Schools of orphan asylums.
901. Rules subject to supervision of school authorities.
902. Annual reports.
§ 900. Schools of orphan asylums. The schools of the
several incorporated orphan asylum societies in this state, other
than those in the city of ISTew York, shall participate in the distri-
bution of the school moneys, in the same manner and to the same
extent, in proportion to the number of children educated therein,
as the common schools in their respective cities or districts. The
schools of said societies shall be subject to the rules and regula-
tions of the common schools in such cities or districts, but shall
remain under the immediate management and direction of the
said societies as heretofore.
§ 901. Rules subject to supervision of school au-
thorities. Every such asylum may make all laws, rules and
regulations relative to the education and discipline of their in-
mates, as a majority of the trustees thereof at their annual meet-
ings shall think fit and proper; but such laws, rules and regula-
tions shall not be repugnant to the laws of this state in its policy
in reference to public and primary instruction, and shall be sub-
ject at all times to the inspection and supervision of the several
educational officers of the different villages, towns or cities in
which such orphan asylums may be located.
EDUCATION LAW 165
§ 902. Annual reports. An annual report shall be made
and sworn to by the presiding officer of any such asylum, stating
the number of inmates thereof, the time spent by them in pur-
suing studies therein, in what studies they shall have been in-
structed, and the manner in which the public funds distributed~to~
it shall have been expended, which shall be filed with the commis-
sioner of education.
ARTICLE 36
Schools for Colored Children
Section 920. l^o exclusion on account of race or color.
921. Provision for separate schools.
922. Only qualified teachers shall be employed.
§ 920. No exclusion on account of race or color.
N'o person shall be refused admission into or be excluded from
any public school in the state of N^ew York on account of race
or color.
§ 921. Provision for separate schools. The trustees
of any union school district, or of any school district organized
under a special act, may, when the inhabitants of any district
shall so determine, by resolution, at any annual meeting, or at a
special meeting called for that purpose, establish separate schools
for the instruction of colored children resident therein, and such
school shall be supported in the same manner and receive the same
care, and be furnished with the same facilities for instruction,
as the white schools therein.
§ 922. Only qualified teachers shall be employed.
Ko person shall be employed to teach any of such schools who
shall not, at the time of such employment, be legally qualified.
ARTICLE 37
Indian Schools
Section 940. Duties of commissioner regarding Indian children.
941. Co-operation of Indians shall be sought.
942. Eights of Indians and of state shall be guarded.
943. Indian children not entitled to free tuition in pub-
lic schools.
944. Employment of teachers, et cetera.
166 NEW YORK STATE EDUCATION DEPARTMENT
Section 945. Required attendance upon instruction.
946. Duties of persons in parental relation to Indian
children.
947. Penalty for failure to send children to school.
948. Persons employing Indian children unlawfully to
be fined.
949. Teachers' record of attendance.
950. Attendance officers.
951. Arrest of truants.
952. Commissioner of education to contract for keeping
of truants.
953. Enumeration.
954. Payment of services herein required.
§ 940. Duties of commissioner regarding Indian
children. The commissioner of education shall establish schools
in such places and maintain such courses of instruction therein
for the education of the Indian children of the state as he shall
deem necessary. He shall have general supervision of such edu-
cation and shall cause to be erected where necessary convenient
and suitable school buildings for the accommodation of all the
Indian children of the state. He shall also enforce the statutes
relating to the education of the Indians and pay from the funds
set apart for Indian education any necessary expense incurred
thereby.
§ 941. Co-operation of Indians sliall be sought. In
the discharge of the duties imposed by this article, the said com-
missioner shall endeavor to secure the co-operation of all the
several bands of Indians, and for this purpose, shall visit, by
himself or his authorized representative, all the reservations where
they reside, lay the matter before them in public assembly, invit-
ing them to assist either by appropriating their public moneys to
this object, or by setting apart lands and erecting suitable build-
ings, or by furnishing labor or materials for such buildings, or
in any other way which he or they may suggest as most effectual
for the promotion of this object.
§ 942. Rights of Indians and of state shall be
guarded. In any contract which may be entered into with
said Indians, for the use or occupancy of any land for school
grounds, sites or buildings, cs^e shall be taken to protect the title
of the Indians to their lands, and to reserve to the state the right
EDUCATION LAW
167
to remove or otherwise dispose of all improvements made at tlie
expense of the state.
§ 943. Indian children not entitled to free tuition
in public schools. Indian children residing on a reservation
are not entitled to free tuition in districts outside the reservation
but may be received into the schools of such districts on the ap-
proval of the trustees thereof and the commissioner of education.
§ 944. Employment of teachers, et cetera. The com-
missioner of education shall employ all necessary teachers, truant
officers and other assistants and employees and fix their salaries
as shall be necessary for the proper enforcement of the statutes
relating io Indian education.
§ 945. Required attendance upon instruction. 1.
Every Indian child between six and sixteen years of age, in
proper physical and mental condition to attend school, shall regu-
larly attend upon instruction at a school in which at least the
common school branches of reading, spelling, writing, arithmetic,
English grammar and geography are taught in English, or upon
equivalent instruction by a competent teacher elsewhere than at
such school as follows : Every Indian child between fourteen and
sixteen years of age not regularly and lawfully engaged in any
useful employment or service, and every such child between six
and fourteen years of age, shall so attend upon instruction as
many days annually during the period between the first days of
September and the following July as a public school of the com-
munity or district of the reservation, in which such child resides,
shall be in session during the same period.
2. If any such child shall so attend upon instruction elsewhere
than at the public school, such instruction shall be at least equiva-
lent to the instruction given to Indian children of like age at a
school of the community or district in which such child shall re-
side; and such attendance shall be for at least as many hours of
each day thereof, as are required of children of like age at public
schools and no greater total amount of holidays and vacations
shall be deducted from such attendance during the period such
attendance is required than is allowed in public schools for chil-
dren of like age. Occasional absences. from such attendance, not
amounting to irregular attendance in a fair meaning of the term,
shall be allowed upon such excuses only as would be allowed in
like cases by the general rules and practices of public schools.
168 NEW YORK STATE EDUCATION DEPARTMENT
§ 946. Duties of persons in parental relation to
Indian children. Any person in parental relation to an
Indian child between six and sixteen years of age in proper
physical and mental condition to attend school, shall cause such
child to attend upon instruction as provided in this article.
§ 947. Penalty for failure to send children to
school. A violation of this section shall be a misdemeanor,
punishable for the first offense by a fine not exceeding five dollars
or by imprisonment not exceeding ten days, and for each subse-
quent offense, by a fine not exceeding twenty-five dollars, or by
imprisonment not exceeding thirty days, or by both such fine and
imprisonment. Courts of special sessions shall, subject to re-
moval, as provided in section fifty-seven and fifty-eight of the
code of criminal procedure, have exclusive jurisdiction in the first
instance to hear, try and determine charges of violation of this
section within their respective jurisdictions.
§ 948. Persons employing Indian children unlaiv-
fuUy to be fined. A person, firm, association or corporation
shall not employ any Indian child residing on any Indian reser-
vation between six and fourteen years of age, in any business
or service whatever, during any part of the term during which
the school in the community or district in which such child re-
sides is in session, or shall not employ any Indian child residing
on any reservation between fourteen and sixteen years of age,
who does not, at the time of such employment present a consent
in writing signed by the principal teacher of the reservation to
the effect that such child may be employed, and specifying the
nature of the service and the duration of such service or employ-
ment. Any person, firm, association or corporation who shall
employ any Indian child contrary to the provisions of this section
shall for each offense forfeit and pay to the principal teacher of
the reservation a penalty of twenty-five dollars, the same, when
paid, to be used for the support and maintenance of the schools
on said reservation.
§ 949. Teachers' record of attendance. An accurate
record of attendance of all Indian children between six and
sixteen years of age shall be kept by the teacher of every Indian
school, showing each day, by the year, month, day of the month
and. day of the week, such attendance, and the number of hours
m each day thereof; and each teacher upon whose instruction
EDUCATIOJT LAW 169
such Indian child shall attend elsewhere than at the school in the
community or district of the reservation where he resides, shall
keep a like record of such attendance. Such records shall at all
times be open to the principal teacher of the reservation andj^ts_
attendance officers who may inspect and copy the same and any
teacher shall answer all lawful inquiries made by them. A wilful
neglect or refusal to keep such a record or answer such inquiries
shall be a misdemeanor.
§ 950. Attendance officers. The principal teacher of the
Indian schools on each reservation shall supervise the enforce-
ment of this article within said reservation and shall appoint
subject to the approval of the commissioner of education and re-
move at pleasure such number of attendance officers as the com-
missioner of education shall deem necessary, whose jurisdictions
shall extend over all school districts on the reservation for which
they shall be appointed. And said principal teachers are also
vested with the same power and authority as the attendance
officers appointed by them.
§ 951. Arrest of truants. Any attendance officer may
arrest without warrant anywhere within the state, any Indian
child between six and sixteen years of age, found away from his
home and who is then a truant from instruction upon which he
is lawfully required to attend within the districts of which such
attendance officer has jurisdiction. He shall forthwith deliver a
child so arrested either to the person in parental relation to the
child, or to the teacher of the school from which said child is
then a- truant, or in case of habitual or incorrigible truants, shall
bring them before a magistrate for commitment to a truant school,
as provided in the next section.
§ 952. Commissioner of education to contract for
keeping of truants. The commissioner of education may
contract with any city or district having a truant school, for the_
confinement, maintenance and instruction therein of any child
who shall be committed to such school as a truant by any magis-
trate before whom such child shall have been examined upon the
charge of truancy. The costs and expenses attending the support
and maintenance of any truant, as herein provided, shall be
audited by the commissioner of education and paid in the same
manner as the expenses of supporting and maintaining the schools
on said reservation are paid.
170 NEW YOKK STATE EDUCATION DEPARTMENT
§ 953. Enumeration. The commissioner of education
shall cause to be taken a complete enumeration of the Indian in-
habitants on said reservation; such enumeration to be taken
between the first day of May and the first day of August which
shall be tabulated showing the name and age of each Indian per-
son on said reservations and in what school district each of such
persons resides. The commissioner of education may require any
of the teachers employed in the schools on such Indian reservations
or other persons to take such enumeration.
§ 954. Payment of services herein required. Each
of the attendance officers herein provided for shall receive such
sum per day as shall be fixed by the commissioner of education
for each day necessarily employed in enforcing this article; and
each person employed in taking and tabulating the census of the
residents of said reservations, shall be entitled to receive such
compensation as the commissioner of education shall allow. The
compensation of truant officers and the expense in taking the
enumeration herein provided for shall be audited by the commis-
sioner of education and paid in the same manner as other accounts
for the support and maintenance of the schools on said reservations
are now paid.
ARTICLE 38
Instruction of Deaf-Mutes and of the Blind
Section 970. Duties of commissioner of education.
971. Persons eligible as pupils to' institutions for in-
struction of the deaf and dumb.
972. Persons eligible as pupils to institutions for instruc-
tion of the blind.
973. Support and term of instruction of state pupils.
974. Regulations for admission.
975. Clothing for state pupils.
976. Employment of reader for blind students.
977. Indigent deaf-mute children.
978. Deaf-mute childreij improperly cared for.
979. Maintenance of children.
980. Payment of expenses of tuition and maintenance.
§ 970. Duties of commissioner of education. All the
institutions for the instruction of the deaf and dumb, and blind,
and all other similar institutions, incorporated under the laws of
EDUCATION LAW 171
the state, or that may be hereafter incorporated, shall be subject
to the visitation of the commissioner of education, and it shall be
his duty:
1. To inquire into the organization of the several schools and
the method of instruction employed therein.
2. To prescribe courses of study and methods of instruction that
will meet the requirements of the state for the education of state
pupils.
3. To make appointments of pupils to the several schools, to
transfer such pupils from one school to another as circumstances
may require; to cancel appointments for sufficient reason.
4. To ascertain by a comparison with other similar institu-
tions, whether any improvements in instruction and discipline can
be made ; and for that purpose to appoint from time to time, suit-
able persons to visit the schools.
5. To suggest to the directors of such institutions and to the
legislature such improvements as he shall judge expedient.
6. To make an annual report to the legislature on all the
matters before enumerated, and particularly as to the condition of
the schools, the improvement of the pupils, and their treatment in
respect to board and lodging.
§ 971. Persons eligible as pupils to institutions
for instruction of the deaf and dumb. All deaf and
dumb persons resident in this state and upwards of twelve years
of age, who shall have been resident in this state for one year im-
mediately preceding the application, or, if a minor, whose parent
or parents, or, if an orphan, whose nearest friend shall have been
resident in this state for one year immediately preceding the ap-
plication, shall be eligible to appointment as state pupils in one of
the deaf and dumb institutions of this state, authorized by law to
receive such pupils..
§ 972. Persons eligible as pupils to institutions for
instruction of the blind. All blind persons of suitable age
and possessing the other qualifications prescribed for deaf and
dumb state pupils under section nine hundred and twenty-one
shall be eligible to appointment to the institutions for the blind
in the city of New York, or in the village of Batavia, as follows :
1. All such as are residents of the counties of New York,
Kings, Queens, Suffolk, Nassau, Richmond, Westchester, Putnam
and Rockland, shall be sent to the institution for the blind in the
city of New York.
172 NEW YORK STATE EDUCATIOT^ DEPARTMENT
2. All such wlio reside in otlier counties of the state shall be
sent to the institution for the blind in the village of Batavia.
Blind babies and children, not residing in the city of N^ew York,
of the age of twelve years and under and possessing the other
qualifications prescribed in the preceding section of this chapter
and requiring kindergarten training and instruction shall be eligi-
ble to appointment as state pupils in one of the homes for blind
babies and children maintained by the International Sunshine
Society, Brooklyn Home for the Blind, Crippled and Defective
Children and the Catholic Institute for the Blind and any such
child may be transferred to the institution for the blind in the
city of ISTew York or village of Batavia, to which he or she would
otherwise be eligible to appointment, upon arriving at suitable
age, in the discretion of the commissioner of education. All
such appointments, with the exception of those to the
institution for the blind in the village of Batavia, shall be
made by the commissioner of education upon application, and
in those cases in which, in his opinion, the parents or guardians
of the applicants are able to bear a portion of the expense, he
may impose conditions whereby some proportionate share of ex-
pense of educating and clothing such pupils shall be paid by
their parents, guardians or friends, in such manner and at such
times as the commissioner shall designate, which conditions he
may modify from time to time, if he shall deem it expedient to
do so. [Amended hy L. 1912, cl. 60.]
§ 973. Support and term of instruction of state
pupils. 1. Each pupil so received into any of the institutions
aforesaid shall be provided with board, lodging and tuition ; and
the directors of the institution shall receive an annual appro-
priation for each pupil so provided for, in quarterly payments, to
be paid by the treasurer of the state, on the warrant of the comp-
troller, to the treasurer of said institution, on his presenting a bill
showing the actual time and number of such pupils attending the
institution, which bill shall be signed by the president and secre-
tary of the institution, and verified by their oaths.
2. The regular term of instruction for such pupils, upwards
of twelve years of age, shall be five years; but the commissioner
of education may, in his discretion, extend the term of any pupil
for a period not exceeding three years. The term of kindergarten
training and instruction for babies and children of the age of
twelve years and under received into any such institution under
the provisions of section nine hundred and seventy-two of this
KDUCATION LAW 173
chapter, shall be at the discretion of the commissioner of educa-
tion and shall be paid for at the rate of one dollar per day. The
pupils provided for in this section and sections nine hundred and
seventy-one and nine hundred and seventy-two of this article shall
be desi^ated state pupils; and all the existing provisions of law-
applicable to state pupils now in said institutions shall apply to
pupils herein provided for. [8uhd. amended hy L. 1912, ch,
60.]
§ 974. Regulations for admission. The commissioner
of education may make such regulations and give such directions
to parents and guardians, in relation to the admission of pupils
into either of the above-named institutions, as will prevent pupils
entering the same at irregular periods.
§ 975. Clothing for state pupils. 1. The supervisors of
any county in this state from which county state pupils may be
hereafter appointed to any institution for the instruction of the
deaf and dumb, whose parents or guardians are unable to furnish
them with suitable clothing, are hereby authorized and required
to raise in each year for each such pupil from said county, the
Rum of thirty dollars.
2. The supervisors of any county in this state from which state
pupils shall be sent to and received in the IN'ew York institution
for the blind, whose parents or guardians shall, in the opinion of
the commissioner of education, be unable to furnish them with
suitable clothing are hereby authorized and directed, in every year
while such pupils are in said institution, to raise and appropriate
thirty dollars for each of said pupils, and to pay the sum so raised
to the said institution, to be by it applied to furnishing such
pupils with suitable clothing while in said institution.
3. If in any case all or any of said moneys are not expended
before the expiration of the periods of appointment of such pupils,
then the unexpended residue shall go into the general clothing
fund of the said institution, to be by it devoted to furnishing
state pupils with suitable clothing.
4. If said sums shall not be paid to the said institution within
six months after the annual meeting of the supervisors of any of
said counties, the sums so unpaid shall bear interest at the rate of
seven per centum per annum, from the expiration of said six
months until the same be paid.
5. The supervisors of any county in this state from whose
pauper institutions pupils shall be sent to the said institution for
174: NEW YORK STATE EDUCATION DEPARTMENT
the blind, shall raise, appropriate and pay to the order of the
comptroller of the state, towards the expense of educating and
clothing such pupils, a sum equal to that which the county would
have to pay to support the pupils as paupers at home. This sub-
division does not apply to the counties of E"ew York, Kings,
Queens, ISTassau and Suffolk.
6. The supervisors, or officers corresponding thereto, of the
counties of New York, Kings, Queens, ^N'assau and Suffolk, from
which state pupils shall be sent to and received in the l^ew York
institution for the blind, whose parents or guardians shall, in the
opinion of the commissioner of education, be unable to furnish
them with suitable clothing, are hereby authorized and directed,
in every year while such pupils are in said institution, to raise
and appropriate fifty dollars for each of said pupils from said coun-
ties, respectively, and to pay the sum so raised to the said institu-
tion, to be by it applied to furnishing such pupils with suitable
clothing while in said institution.
7. If in any year hereafter there shall be any surplus of the
amount above required to be paid yearly by the said counties for
clothing for pupils from said counties, respectively, then such
surplus shall be deducted pro rata the ensuing year from the
amount above required to be paid by the said counties respectively.
§ 976. Employment of reader for blind students.
1. Whenever a blind person, who is a citizen of this state and a
pupil in actual attendance at a college, university, technical or
professional school located in this state and authorized by law to
grant degrees, other than an institution established for the regular
instruction of the blind, shall be designated by the trustees thereof
as a fit person to receive the aid hereinafter provided for, there
shall be paid by the state for the use of such pupil the sum of
three hundred dollars per annum with which to employ persons
to read to such pupil from text-books and pamphlets used by such
pupil in his studies at such college, university or school.
2. Such moneys shall be paid annually, after the beginning of
the school year of such institution, by the treasurer of the state on
the warrant of the comptroller, to the treasurer of such institu-
tion, on his presenting an account showing the actual number of
blind pupils matriculated and attending the institution, which
account shall be verified by the president of the institution and
accompanied by his certificate that the trustees have recommended
the pupils named in said account as hereinbefore provided.
EDUCATIOIS' LAW 176
3. The trustees of any of the said institutions shall recommend
no blind person, who is not regularly matriculated, and who is not
in good and regular standing, and who is not working for a degree
from the institution in which he is matriculated; and no blind
person shall be recommended, who is no't doing the work regularly
prescribed by the institution for the degree for which he is a can-
didate. The moneys so paid to any such institution shall be dis-
bursed for the purposes aforesaid by and under the direction of its
board of trustees.
§ 977. Indigent deaf-mute children. Whenever a
deaf-mute child under the age of twelve years shall become a
charge for its maintenance on any of the towns or counties of this
state, or shall be liable to become such charge, it shall be the duty
of the overseers of the poor of such town or of the board of super-
visors of such county to place such child in one of the institutions
enumerated in the next section.
§ 978. Deaf-mute children improperly cared for.
Upon the application of any parent, guardian or friend of a deaf-
mute child, within this state, over the age of five years and under
the age of twelve years, the overseer of the poor or the supervisor
of the town where such child may be, shall place such child in one
of the institutions authorized by the laws of eighteen hundred and
ninety-two, chapter thirty-six, to receive such pupils, as
follows :
1. The 'New York institution for the deaf and dumb ; or,
2. The institution for the improved instruction of deaf-
mutes; or,
3. The Le Couteulx Saint Mary's institution for the improved
instruction of deaf-mutes in the city of Buffalo; or,
4. The Central New York institution for deaf-mutes in the city
of Rome; or,
5. The Albany home school for the oral instruction of the deaf
at Albany; or,
6. To any other institution in the state for the education of
deaf-mutes as to which the state board of charities shall have
filed with the commissioner of education a certificate to the effect
that said institution has been duly organized and is prepared for
the reception and instruction of such pupils.
§ 979. Maintenance of children. The children placed
in said institutions, in pursuance of the last two sections, shall
be maintained therein at the expense of the county from whence
they came, provided that such expense shall not exceed three hun-
17G 2iEW YOEK STATE EDUCATION DEPARTMENT
dred and twenty-five dollars each per year, until they attain the
age of twelve years, unless the directors of the institution to which
a child has been sent shall find that snch child is not a proper
subject to remain in said institution. [Thus aynended hy L. 1910,
ch. 322, in effect May 18, 1910.]
§ 980. Payment of expenses of tuition and main-
tenance. The expenses for the board, tuition and clothing for
such deaf-mute children, placed as aforesaid in said institutions,
not exceeding the amount of three hundred and twenty-five dollars
per year, above allowed, shall be raised and collected as are other
expenses of the county from which such children shall be received ;
and the bills therefor, properly authenticated by the principal or
one of the officers of the institution, shall be paid to said institu-
tion by the said county ; and its county treasurer or chamberlain,
as the case may be, is hereby directed to pay the same on presen-
tation, so that the amount thereof may be borne by the proper
county. [Thus ame^ided hy L, 1910, ch, 322, in effect May
18, 1910.]
ARTICLE 39
New York State School for the Blind
Section 990. Change of name.
991. Eequisites for admission.
992. Applicants from without the state.
993. Applications for admission.
994. Object of institution.
995. Appointment and terms of trustees.
996. Filling vacancies.
997. Trustees entitled to mileage ; disabilities.
998. General powers of trustees.
999. Officers, committees and seal.
1000. Secretary.
1001. Treasurer's duties and bond.
1002. Appointment of superintendent, instructors and
assistants.
1003. Purchase of equipment.
1004. Duty to provide clothing and pay traveling ex-
penses.
1005. Charges against county.
1006. Accounts against counties and payment thereof.
lOOT. Reimbursement of counties.
EDUCATION LAW 177
Section 1008. Entitled to publications and may receive bequests
and donations.
1009. Records and annual reports.
1010. Payments by state treasurer.
1011. Drafts upon state treasury. ~
1012. Consent of trustees to construction of sewers.
§ 990. Change of name. The New York state institution
for the blind as the same was authorized to be established by chap-
ter five hundred and eighty-seven of the laws of eighteen hundred
and sixty-five and the acts supplemental thereto and renamed the
" "New York state school for the blind " by laws of eighteen hun-
dred and ninety-five, chapter ^ve hundred sixty-three, shall con-
tinue to be known and designated as the " Xew York state school
for the blind."
§ 991. Requisites for admission. All blind persons of
suitable age and capacity for instruction, who are legal residents of
the state, shall be entitled to the privileges of the New York state
school for the blind, without charge, and for such a period of time
in each individual case as may be deemed expedient by the board
of trustees of said school; provided, that whenever more persons
apply for admission at one time than can be properly accommo-
dated in the school, the trustees shall so apportion the number re-
ceived, but each county may be represented in the ratio of its blind
population to the total blind population of the state ; and provided
further, that the children of citizens who died in the United States
service, or from wounds received therein during the late rebellion,
shall take precedence over all others.
§ 992. Applicants from without the state. Blind
persons from without the state may be received into the school
upon the payment of an adequate sum, fixed by the trustees, for
their boarding and instruction ; provided that such applicant shall
in no case exclude those from the state of New York.
§ 993. Applications for admission. Applications for
admission into the school shall be made to the board of trustees in
such manner as they may direct, but the board shall require such
application to be accompanied by a certificate from the county
judge or county clerk of the county or the supervisor or town clerk
of the town, or the mayor of the city where the applicant resides,
setting forth that the applicant is a legal resident of the town,
county and state claimed as his residence.
178 NEW YORK STATE EDUCATION DEPARTMENT
§ 994. Object of institution. The primary object of ilie
school shall be, to furnish to the blind children of the state the best
known facilities for acquiring a thorough education, and train
them in some useful profession or manual art, by means of which
they may be enabled to contribute to their own support after leav-
ing the school; but it may likewise, through its industrial depart-
ment, provide such of them with appropriate employment and
boarding accommodations as find themselves unable, after com-
pleting their course of instruction and training, to procure these
elsewhere for themselves. It shall, however, be in no sense an asy-
lum for those who are helpless from age, infirmity or otherwise^
or a hospital for the treatment of blindness.
§ 995. Appointment and terms of trustees. The
governor shall continue, each alternate year, to appoint, by and
with the consent of the senate, three trustees who shall serve for a
term of six years. Two of the board must be residents of the
county of Genesee, and a majority must be residents within fifty
miles of said school.
§ 996. Filling vacancies. In case of the declination of
any member of said board of trustees to act under his appoint-
ment, or of the occurrence of any other casual vacancy in the
board, the governor shall forthwith appoint some suitable person
to fill such vacancy, and the member so appointed shall serve out
the term of his predecessor.
§ 997. Trustees entitled to mileage; disabilities.
The trustees shall receive no compensation as such, but they may
allow themselves mileage, at the same rate as that paid to mem-
bers of the legislature, for any distance actually traveled in the
service of the school. 'Nor shall any trustee be pecuniarily in-
terested in any contract for buildings pertaining to the school, or
in furnishing supplies therefor.
§ 998. General powers of trustees. The board of trus-
tees shall have charge of all the affairs of the school, with power
to make all necessary by-laws and regulations for their govern-
ment and the proper management of the school, as well as for the
admission of pupils, and to do all else which may be found neces-
sary for the advancement of its humane design.
§ 999. Officers, committees and seal. They shall elect
from their own number a president and treasurer, together with
such standing committees as they may deem necessary, and adopt
a common seal for the school.
EDUCATION LAW 179
§ 1000. Secretary. The board of trustees may elect a
secretary, Avho shall serve during the pleasure of the boa^rd, and
who shall not be a member thereof, and may fill any vacancy in the
said office as often as the same shall occur, and may prescribe-Jiis
duties and fix his compensation.
§ 1001. Treasurer's duties and bond. 1. The treas-
urer shall have the custody of all the funds of the school, and pay
out the same only upon properly authenticated orders of the board
or executive committee.
2. Before entering upon the duties of his office, he shall execute
and file in the office of the comptroller, a bond with such sureties
and in such amount of penalty as the comptroller shall require and
approve, conditioned for the faithful discharge of his duties as
such treasurer.
§ 1002. Appointment of superintendent, instruct-
ors and assistants. The trustees shall have power to appoint
a competent and experienced superintendent, who shall be the
chief executive officer of the school, together with an efficient corps
of instructors and other subordinate officers; prescribe the duties
and terms of service of the same; fix and pay their salaries, and
for just cause, remove any or all of them from office. They shall
likewise employ the requisite number of servants and other as-
sistants in the various departments of the school and pay the wages
of the same.
§ 1003. Purchase of equipment. They shall purchase
all furniture, apparatus and other supplies necessary to the equip-
ment and carrying on of the school in the most efficient
manner.
§ 1004. Duty to provide clothing and pay traveling
expenses. 1. When any blind person shall, upon proper appli-
cation, be admitted into the school, it shall be the duty of his
parents, guardians or other friends, to suitably provide such per-
son with clothing at the time of entrance and during continuance
therein, and likewise to defray his traveling expenses to and from
the school, at the time of entrance and discharge, as well as at the
beginning and close of each session of the school, and at any other
time when it shall become necessary to send such person home on
account of sickness or other exigency.
2. Whenever it shall be deemed "necesary by the trustees to
have such person permanently removed from the school, in accord-
t—
* 3o in original.
180 I^EW YORK STATE EDUCATION DEPARTMENT
ance witli the bj-laws and regulations thereof, the same shall be
promptly removed upon their order, by his parents, guardians
or other friends.
§ 1005. Charges against county. 1. If the friends of
any pupil from within the state of 'New York shall fail through
neglect or inability to provide the same with proper clothing or
with funds to defray his necessary traveling expenses to and from
the school, or to remove him therefrom, as required in the preced-
ing section, the trustees shall furnish such clothing, pay such travel-
ing expenses, or remove such pupil to the care of the overseers
of the poor of his township, and charge the cost of the same to
the county to which the pupil belongs, provided that the annual
amount of such expenditures on account of any one pupil shall
not exceed the sum of sixty dollars.
2. And in case of the death of any pupil at the school, whose
remains shall not be removed or funeral expenses borne by the
friends thereof, the trustees shall defray the necessary burial ex-
penses, and charge the same to his county as aforesaid.
3. Upon the completion of their course of training in the indus-
trial department, the trustees may furnish to such worthy poor
pupils as may need it, an outfit of machinery and tools for com-
mencing business, at a cost not exceeding seventy-five dollars each,
and charge the same to the proper county as aforesaid.
§ 1006. Accounts againi^t counties and payment
thereof. On the first day of October in each year, the trustees
shall cause to be made out against the respective counties con-
cerned, itemized accounts, separate in each case, of the expendi-
tures authorized by the preceding section, and forward the same
to the board of supervisors chargeable with the account. The board
shall thereupon direct the county treasurer to pay the amount
so charged to the treasurer of the school for the blind, on or before
the first day of March next ensuing.
§ 1007. Reimbursement of counties. The counties
against which the said accounts shall be made out as aforesaid,
shall cause their respective treasurers, in the name of their re-
spective counties,, to collect the same, by legal process, if necessary,
from the parents or estates of the pupils who have the ability to
pay, on whose account the said expenditures shall have been made;
provided that at least five hundred dollars' value of the property
of such parents or estate shall be exempt from the payment of th(^
accounts aforesaid.
EDUCATION LAW 181
§ 1008. Entitled to publications and may receive
bequests and donations. The school shall be entitled to
receive copies of all books and other publications which are dis-
tributed gratuitously by the state to township or county libraries,-
common schools, academies, colleges and societies. It may also
receive in the name of the state, bequests or donations of money or
any kind of property, but such money or property shall, in all
cases, belong to the state, and be subject to its control; provided
that the same shall not be diverted from the particular object for
which it shall be bequeathed or donated.
§ 1009. Records and annual reports. The board of
trustees shall keep full and complete records of their proceedings,
and make an annual report of the same to the legislature, at the
commencement of the regular session thereof, strictly accounting
in detail for their expenditures, on account of the school, during
the preceding fiscal year of the state, setting forth the progress
and condition of the several departments of the school, making
such suggestions concerning its future management as they may
deem essential, and submitting proper estimates of the funds
needed for its support, as well as for building and all other
purposes.
§ 1010. Payments by state treasurer. The state treas-
urer is hereby directed to pay over to the board of trustees, upon
the warrant of the comptroller, all moneys which shall hereafter
be appropriated on account of the l^ew York state school for the
blind; the general appropriations for the current support of the
school, to be paid in equal quarterly installments, and specific ap-
propriations for building and other purposes, to be paid when
needed by the trustees.
§ 1011. Drafts upon state treasury. All drafts upon
the state treasury on behalf of the school shall be based upon orders
of the board of trustees, signed by the president and secretary of
the same, and attested by the common seal of the school.
§ 1012. "^'Consent of trustees to construction of sew-
ers. The board of trustees of the ^ew York State School for the
Blind shall have power and authority to grant to the village of
Batavia a license to lay, construct and maintain as a part of the
general sewer system of such village, a sewer or sewers in, through,
* This section was added to the former Educatioti Law as § 9G2. It ia
inserted in its proper place in this article.
182 :NEW YORK STATE EDUCATION DEPARTMENT
under and along the lands of such school in the village of Ba-
tavia, upon such conditions as such board may prescribe. [Thus
amended hy L. 1910, ch, 53.]
ARTICLE 40
Cornell University
Section 1030. Cornell university continued.
1031. Trustees; election of trustees.
1032. Extent of f ann and grounds ; special constables.
1033. Objects and powers of the corporation.
1034. Extent to which property may be held.
1035. Trustees shall make reports; university subject to
visitation of regents.
1036. Restrictions on alienation of property.
1037. State scholarship in Cornell university.
1038. 'New York state veterinary college.
1039. New York state college of agriculture.
§ 1030. Cornell university continued. The corpora-
tion known as Cornell university, located at Ithaca, is continued
with all the rights, and subject to all the liabilities contained in
the act of incorporation, being laws of eighteen hundred and sixty-
five, chapter five hundred and eighty-five, as amended.
§ 1031. Trustees; election of trustees. 1. The board
of trustees of said Cornell university shall hereafter be made up
and constituted as follows: the governor, the lieutenant-governor,
the speaker of the house of assembly, the commissioner of educa-
tion, the president of the state agricultural society, the commis-
sioner of agriculture, the librarian of the Cornell library and the
president of the said university, shall be trustees thereof ex-officio,
and the eldest lineal male descendant of Ezra Cornell shall be a
trustee thereof during his life. To fill the vacancies in the board
existing among the elective trustees prior to this enactment, the
governor shall appoint five trustees subject to confirmation by the
senate, one of whom shall be appointed to serve for one year, one
for two years, one for three years, one for four years, and one for
five years, the term of office of each of whom shall commence at the
beginning of the commencement week next succeeding his appoint-
ment. Prior to the expiration of the term of office of the trustee
EDUCATION LAW 183
appointed for one year as above provided and annually thereafter,
the governor shall appoint, subject to confirmation by the senate,
one trustee for the term of five years, whose term of office shall be-
gin at the expiration of the term of the retiring trustee. In the
event of a vacancy occurring among the trustees appointed by ^e~
governor, by death or otherwise, the governor, subject to confirma-
tion by the senate, as provided aforesaid, shall appoint a trustee to
fill the vacancy for the unexpired term. There shall also be
twenty-six elective trustees, fifteen of whom shall be elected by the
board of trustees, and ten by the alumni of said university, and one
each year by the executive committee of the I^ew York state grange
to be elected at the time of the annual meeting of said grange, such
trustee so elected to be elected for a term of one year, his term of
office to commence at the beginning of the first commencement
week subsequent to his election; but at no time shall a majority
of the board be of any one religious sect or of no religious sect.
2. The board of trustees shall elect each year three trustees, and
as many more as may be necessary to fill vacancies, among mem-
bers elected by them caused by resignation or death. The alumni
of said university shall meet annually in Ithaca, on the day before
commencement, and at the meeting of the alumni at each annual
commencement said alumni shall elect two trustees, and as many
more as may be necessary to fill vacancies arising from resignations
or deaths among the number previously elected by them. Except
as herein otherwise provided the term of office of each elec-
tive trustee shall be five years from the annual commencement at
which he is elected; but if elected by the board of trustees at a
meeting thereof during the academic year, his term shall then be
five years from the commencement immediately preceding his elec-
tion ; but every trustee shall hold over until his successor is elected
or appointed as above provided. [Subd. amended hy L. 1912,
ch. 248.]
3. The election of trustees by the board shall be by ballot, and
fifteen ballots shall concur before any one is elected; and twelve
shall constitute a quorum for the transaction of business. Who
shall be alumni of said university shall be prescribed by its board
of trustees. The election of trustees by the alumni shall be by
ballot, and shall be conducted in the following manner and under
the following- provisions : A register of the signature and address
of each of the said alumni of the said university shall be kept by
the treasurer of the said university at his business office. Any
I84r NEW YORK STATE EDTJCATIO]^ DEPARTMENT
ten or more alnimii may file with the treasurer, on or before the
first day of April in each year, written nominations of the trustees
to be elected by the alumni at the next commencement. Forthwith
after such first day of April a list of such candidates shall be
mailed by said treasurer to each of the alumni at his address.
Such list shall state the vacancies, if any, then existing in the
alumni membership of the board of trustees; and the vacancies
that will occur by expiration of term at the next ensuing com-
mencement. Each alumnus may vote by transmitted ballot for
trustees to be elected by the alumni at any commencement, in ac-
cordance with such regulations as to the method and time of vot-
ing as may be prescribed by the alumni and approved by the
trustees of the university or its executive committee. The can-
didates to the extent of the number of places to be filled having
the highest number of votes upon the first ballot shall be declared
elected, provided that each of said candidates has received the
votes of at least one-third of all the alumni voting at said elec-
tion. Of the alumni trustees thus elected, the two receiving the
highest number of votes shall fill the vacancies occurring by expi-
ration of term; the others thus elected shall be allotted to fill va-
cancies, if any, existing otherwise than by expiration of term;
the order of allotment to be in the order of the number of votes
cast, the candidate receiving the highest number of votes to be
allotted the longer unexpired term ; but if there shall be a failure
to fill all or one or more of the vacancies, caused by expiration
of term or otherwise, by reason of the fact that one or more can-
didates having the highest number of votes as above fail to re-
ceive the votes of at least one-third of the alumni voting, then
and in that event such vacancies shall be filled by the alumni
personally present at said meeting, the election being limited to
candidates not elected on the first ballot, if there is a sufficient
number thereof, having the highest pluralities, not exceeding
two candidates for each place thus to be filled. If any vacancy
occur in the alumni membership of the board of trustees, between
the last day fixed herein for the filing of nominations with the
university treasurer, and the time of the annual meeting of the
alumni, herein provided for, then such vacancy shall not be filled
for the unexpired term until the next following year, and shall
then be filled by nomination and election in the manner herein-
before prescribed for the election of alumni trustees. [Amended
by L. 1912, ch. 248.]
EDUCATION LAW 185
§ 1032. Extent of farm and grounds; special con-
stables. The farm and grounds occupied by said corporation,
whereupon its buildings are erected, or shall be erected in such
manner and to such extent as the trustees may from time to
time direct and provide for, shall consist of not less than two hurF
dred acres. For the protection of the grounds, farm buildings
and property of the university, the supervisor of the town of
Ithaca may appoint, upon the recommendation of the board of
trustees of said Cornell university, not more than three suitable
persons, as special constables, who shall have and exercise within
the boundaries of such university grounds, the powers and duties
of constables of towns, and whose compensation shall be regulated
and paid by said board of trustees of the university.
§ 1033. Objects and poivers of the corporation. The
leading object of said corporation shall be to teach such branches
of learning as are related to agriculture and the mechanic arts,
including military tactics, in order to promote the liberal and
practical education of the industrial classes in the several pur-
suits and professions in life. But such other branches of science
and knowledge may be embraced in the plan of instruction and
investigation pertaining to the university as the trustees may
deem useful and proper. Said university is authorized to es-
tablish faculties, departments and branches and carry on its work
at any places in this state and to confer any and all literary,
scientific, technical and professional degrees, and in testimony
thereof award certificates and diplomas. Persons of every re-
ligious denomination, or of no religious denomination, shall be
equally eligible to all offices and appointments.
§ 1034. Extent to wbicli property may be held. The
said corporatioii may take and hold real and personal property
to such an amount as may be or become necessary for the proper
conduct and support of the several departments of education here-
tofore established or hereafter to be established by its board of
trustees, and such property real and personal as has been, or
may hereafter be given to said corporation by gift, grant, devise
or bequest in trust or otherwise, for the use and proposes per-
mitted by its charter, and in eases of trusts so created, the several
trust estates shall be kept distinct, and the interest or income
shall be faithfully applied to the purposes of such trust, in ac-
cordance with the provisions of the act or instrument by which
the respective trusts were created.
186 NEW YORK STATE EDUCATION DEPARTMENT
§ 1035. Trustees shall make reports; university
subject to visitation of regents. The trustees of said uni-
versity shall make all the reports and perform such other acts
as may be necessary to conform to the act of congress entitled
"An act donating public lands to the several states and territories
which may provide colleges for the benefit of agriculture and the
mechanic arts '^ approved July second, eighteen hundred and
sixty- two. The said university shall be subject to visitation of
the regents of the university of the state of 'New York.
§ 1036. Restrictions on alienation of property. The
said university grounds, farm, work-shops, fixtures, machinery,
apparatus, cabinets and library, shall not be incumbered, aliened
or otherwise disposed of by the said trustees, or by any other
person, except on terms such as the legislature of the state of
New York shall have approved, and any act of the said trustees,
or that of any other person which shall have that effect, shall be
void.
§ 1037. State scholarships in Cornell university.
The several departments of study in Cornell university shall be
open to applicants for admission thereto at the lowest rates of
expense consistent with its welfare and efficiency, and without
distinction as to rank, class, previous occupation or locality. But,
with a view to equalize its advantages to all parts of the state,
the institution shall receive students to the number of one each
year from each assembly district in this state, to be selected as
hereinafter provided, and shall give them instruction in any or in
all the prescribed branches of study in any department of said
institution, free of any tuition fee or of any incidental charges to
be paid to said university, unless such incidental charges shall have
been made to compensate for materials consumed by said students
or for damages needlessly or purposely done by them to the prop-
erty of said university. The said free instruction shall, moreover,
be accorded to said students in consideration of their superior abil-
ity, and as a reward for superior scholarship in the academies and
public schools of this state. Said students shall be selected as the
legislature may from time to time direct, and until otherwise or-
dered as follows:
1. A competitive examination, under the direction of the educa-
tion department, shall be held at the county court-house in each
county of the state, upon the first Saturday in June, in each year,
by the city superintendents and the school commissioners of the
county.
KDUCATTON LAW 187
2. None but pupils of at least sixteen years of age and of six
months' standing in the common schools or academies of the state,
during the year immediately preceding the examination, shall be
eligible.
8. Such examination shall be upon subjects designated by the
president of the university and upon question papers prepared
under the direction of the commissioner of education.
4. The city superintendents and school commissioners of each
county shall immediately after the close of the examination for-
ward to the commissioner of education all answer papers submitted
by candidates in such examination, all statements of candidates
and a report of the names of candidates in such form as the com-
missioner of education shall require.
5. In case any candidate who may become entitled to a scholar-
ship shall fail to claim the same, or shall fail to pass the entrance
examination at such university, or shall die, resign, absent him-
self without leave, be expelled or, for any other reason, shall
abandon his right to or vacate such scholarship either before or
after entering thereupon, then the candidate certified to be next
entitled in the same county shall become entitled to the same. In
case any scholarship belonging to any county shall not be claimed
by any candidate resident in that county, the commissioner of edu-
cation may fill the same by appointing thereto some candidate first
entitled to a vacancy in some other county. In any such case, the
president of the university shall at once notify the commissioner
of education and that officer shall immediately notify the candi-
date next entitled to the vacant scholarship of his right to the
same
6. Any state student who shall make it appear to the satisfac-
tion of the president of the -university that he requires leave of
absence, for the purpose of earning funds with which to defray
his living expenses '^which in attendance, may, in the discretion of
the president, be granted such leave of absence, and may be al-
lowed a period not exceeding six years from the commencement
thereof for the completion of his course at said university.
7. In certifying the qualifications of the candidates, prefer-
ence shall be given, where other qualifications are equal, to the
children of those who have died in the military or naval service
of the United States.
8. Notices of the time and place of the examinations shall be
given in all the schools having pupils eligible thereto, prior to
* Sq in original.
188 25EW YORK STATE EDUCATION DEPARTMENT
the first day of January in each year, and shall be published once
a week, for three weeks, in at least two newspapers in each county
immediately prior to the holding of such examinations. The cost
of publishing such notices and the necessary expenses of such ex-
amination shall be a charge upon each county, respectively, and
shall be audited and paid by the board of supervisors thereof.
9. The commissioner of education shall attend to the giving and
publishing of the notices hereinbefore provided for. He may, in
his discretion, direct that the examination in any county may be
held at some other time and place than that above specified, in
which case it shall be held as directed by him. He shall keep full
records in his department of all candidates attending such exam-
inations and shall notify candidates of their rights under this chap-
ter. He shall determine any controversies which may arise under
the provisions of this chapter. He is hereby charged with the gen-
eral supervision and direction of all matters in connection with
the filling of such scholarships. Students enjoying the privileges of
free scholarships shall, in common with the other students of said
university, be subject to all the examinations, rules and require-
ments of the board of trustees or faculty of said university, except
as herein provided.
§ 1038. Neiv York state veterinary college. 1. The
state veterinary college, established by chapter one hundred and
fifty-three of the laws of eighteen hundred and ninety-four, shall
continue to be known as the ^ew York state veterinary college.
The object of said veterinary college shall be : To conduct investi-
gations as to the nature, prevention and cure of all diseases of
animals, including such as are communicable to man and such
as cause epizootics among live stock ; to investigate the economical
questions which will contribute to the more profitable breeding,
rearing and utilization of animals; to produce reliable standard
preparations of toxins, antitoxins and other products to be used
in the diagnosis, prevention and cure of diseases and in the con-
ducting of sanitary work by approved modem methods; and to
give instruction in the normal structure and function of the animal
body, in the pathology, prevention and treatment of animal dis-
eases, and in all matters pertaining to sanitary science as applied
to live stock and correlatively to the human family.
2. All buildings, furniture, apparatus and other property here-
tofore or hereafter erected or furnished by the state for such
veterinary college shall be and remain the property of the state.
EDUCATION LAW 189
The Cornell university shall have the custody and control of said
property^ and shall, with whatever state moneys may be received
for the purpose, administer the said veterinary college, with
authority to appoint investigators, teachers and other officers, 4o
lay out lines of investigation, to prescribe the requirements for
admission and the course of study and with such other power and
authority as may be necessary and proper for the due administra-
tion of such veterinary college.
3. Said university shall receive no income, profit or compensa-
tion therefor, but all moneys received from state appropriations
for the said veterinary college or derived from other sources in
the course of the administration thereof, shall be kept by said
university in a separate fund from the moneys of the university,
and shall be used exclusively for said l^ew York state veterinary
college. Such moneys as may be appropriated to be paid to the
Cornell university by the state in any year, to be expended by
said university in the administration of said veterinary college,
shall be payable to the treasurer of Cornell university in three
equal payments to be made on the first day of October, the first
day of January, and the first day of April in such year, and
within thirty days after the expiration of the period for which
each instalment is received the said university shall furnish the
comptroller of the state of ISTew York satisfactory vouchers for the
expenditure of such instalment.
4. The said university shall expend such moneys and use such
property of the state in administering said veterinary college,
and shall report to the governor during the month of January
in each year, a detailed statement of such expenditures and of
the general operations of the said veterinary college.
5. 'No tuition fee shall be required of a student pursuing the
regular veterinary course, who for a year or more immediately
preceding his admission to said veterinary college shall have been
a resident of this state. The tuition fees charged to other students
and all other fees and charges in said veterinary college shall be
fixed by Cornell university, and the moneys so received shall be
expended for the current expenses of the said veterinary college.
§ 1039. New York state college of agriculture. The
state college of agriculture, established by chapter six hundred
and fifty-five of the laws of nineteen hundred and four, shall con-
tinue to be known as the New York state college of agriculture
at Cornell university. The object of said college of agriculture
190 NEW YORK STATE EDUCATION DEPARTMENT
shall be to improve the agricultural methods of the state, to develop
the agricultural resources of the state in the production of crops
of all kinds, in the rearing and breeding of live-stock, in the
manufacture of dairy and other products, in determining better
methods of handling and marketing such products, and in other
ways; and to increase intelligence and elevate the standards of
living in the rural districts. For the attainment of these objects
the college is authorized to give instruction in the sciences, arts
and practices relating thereto, in such courses and in such man-
ner as shall best serve the interests of the state ; to conduct exten*-
sion work in disseminating agricultural knowledge throughout the
state by means of experiments and demonstrations on farms and
gardens, investigations of the economic and social status of agri-
culture, lectures, publication of bulletins and reports, and in such
other ways as may be deemed advisable in the furtherance of
the aforesaid objects ; to make researches in the physical, chemical,
biological and other problems of agTiculture, the application of
such investigations to the agriculture of jN'ew York, and the
publication of the results thereof. All buildings, furniture, appa-
ratus and other property heretofore or hereafter erected or fur-
nished by the state for such college of agriculture shall be and
remain the property of the state. The Cornell university shall
have the custody and control of said property, and shall, with
whatever state moneys may be received for the purpose, admin-
ister the said college of agriculture, with authority to appoint
investigators, teachers and other officers and employees, to lay
out lines of investigation, to prescribe the requirements for admis-
sion and the course of study and with such other power and
authority as may be necessary and proper for the due adminis-
tration of such college of agriculture. Said university shall re-
ceive no income, profit or compensation therefor, but all moneys
received from state appropriations for the said college of agri-
culture or derived from other sources in the course of the admin-
istration thereof, shall be credited by said university to a separate
fund, and shall be used exclusively for said ^ew York state college
of agriculture. Such moneys as may be appropriated to be paid
to the Cornell university by the state in any year, to be expended
by said university in the administration of said college of agri-
culture, shall be payable to the treasurer of Cornell university
in three equal payments to be made on the first day of October,
the first day of January, and the first day of April in such year.
EDUCATION LAW ' 191
and within sixtj days after the expiration of the period for which
each instalment is received the said university shall furnish the
comptroller vouchers approved by the commissioner of agriculture
for the expenditures of such instalment. The said university
shall expend such moneys and use such property of the state in
administering said college of agriculture as above provided, and
shall report to the commissioner of agriculture in each year on
or before the first day of December, a detailed statement of such
expenditures and of the general operations of the said college
of agriculture for the year ending the thirtieth day of September
then next preceding. Fees and charges in said college of agri-
culture shall be fixed by Cornell university, and the moneys
received from these sources and from the sales of products shall
be credited to a separate fund and shall be used for the current
expenses of the said college of agriculture.
ARTICLE 41
State School of Ag'riculture at Saint Law-
rence University
Section 1050. Corporate name.
1051. Objects and purposes of school.
1052. Supervision and control of school.
1053. Maintenance.
§ 1050. Corporate name. The school of agriculture es-
tablished by chapter six hundred and eighty-two of the laws of
nineteen hundred and six shall continue to be known as the New
York State School of Agriculture of The St. Lawrence Univer-
sity. [Thus amended hy L. 1910, ch. 413, in effect June 8, 1910.]
§ 1051. Objects and purposes of school. Such school
shall have for its objects and purposes:
1. The elementary and practical instruction of pupils attend-
ing such school in agriculture and allied subjects.
2. The giving of instruction by means of schools, lectures and
other university extension methods for the promotion of agri-
cultural knowledge.
3. The conducting of investigations and experiments for the
purpose of ascertaining the best method of fertilization of fields,
192 ' NEW YOEK STATE EDUCATION DEPARTMENT
gardens and plantations and the best modes of tillage and farm
management and improvement of live-stock.
4. The printing of leaflets and the dissemination of agricul-
tural knowledge by means of lectures and otherwise; the print-
ing and free distribution of the results of such investigations and
experiments, and the publication of bulletins containing such
information as may be deemed desirable and profitable in pro-
moting the agricultural interests of the state, such work to be
conducted as far as practicable in harmony with the college of
agriculture at Cornell university.
§ 1052. Supervision and control of school. The
board of trustees of The St. Lawrence university shall have the
general care, supervision and control of such school, and of all its
affairs, and to carry out its object and purposes shall:
1. Employ and at pleasure remove officers, teachers, clerks,
assistants and such other persons as it shall deem necessary to
the proper conduct of said school; and fix their compensation.
2. Adopt rules not inconsistent with law controlling the affairs
of such school.
3. Prescribe the courses of instruction and the methods of in-
vestigation and experiments to be followed in such school.
4. Acquire by deed, gift, devise, or lease, real property suit-
able for practical and experimental agriculture, horticulture and
forestry, and manage the same for the benefit of said school, de-
voting any income that may be derived therefrom to the main-
tenance thereof, provided, however, that no land shall be pur-
chased with funds furnished by the state, unless a special appro-
priation is made therefor. [Thus amended hy L. 1910, ch. 443,
in effect June 8, 1910.]
§ 1053. Maintenance. 1. Prior to the first day of Octo-
ber in each year the treasurer of The St. Lawrence university
shall file with the comptroller his bond, with an incorporated
surety company authorized to do business in the state of New
York as surety, in a penalty equal to one-fourth of the amount
appropriated by the legislature for the maintenance of said agri-
cultural school for the succeeding year, conditioned that he will
faithfully account for all moneys received by him during the next
state fiscal year. After the filing of said bond, the comptroller
shall pay over to the said treasurer on the first days of each of
the months of October, January, April and July next succeeding,
one-fourth part of said appropriation.
EDtrCATIOT^ LAW 19 o
2. All bills for the maiiitciinnce of said school shall be exam-
ined and audited by the executive committee of said board of
trustees ; and when so audited and properly certified by the presi-
dent and secretary of said board, and the audit approved by the
commissioner of agriculture, the amount thereof shall be credited"
by the comptroller against the funds theretofore advanced to said
treasurer as above provided. [Added by L. 1910, ch, 443, in effect
June 8, 1910.]
ARTICLE 42
State School of Ag'riculture at Alfred
University-
Section 1070. Corporate namei
1071. Objects and purposes of school.
1072. Supervision and maintenance of school.
§ 1070. Corporate name. The school of agriculture estab-
lished by chapter two hundred of the laws of nineteen hundred
and eight shall continue to be known as the New York state school
of agriculture at Alfred university.
§ 1071. Objects and purposes of school. The objects
of the 'New York state school of agriculture at Alfred university
shall be to give elementary and practical instruction in agriculture
and kindred subjects; to conduct, for the improvement of such
instruction, investigations and experiments in agricultural methods
and resources in western New York, and in means and methods for
the care and improvement of live stock; to stimulate agricultural
pursuits, and to increase knowledge by which such industry may
be successfully carried on; such work shall be co-ordinated so far
as practicable with that at the New York state college of agricul-
ture at Cornell university; and furnish both a practical training
for the pursuit of agriculture, and complemental training, pre-
liminary to advanced courses in said state college of agriculture at
Cornell university.
§ 1072. Supervision and maintenance of school.
Alfred university shall have the custody and control of the prop-
erty of said New York state school of agriculture, and shall, with
whatever moneys may be received for the purpose, administer the
said school of agriculture with authority to appoint teachers, in-
vestigators, and other officers and employees, to prescribe the
requirements for admission, and the courses of study to be pur-
sued, and with such other power and authority as will secure
194: NEW YORK STATE EDUCATION DEPARTMENT
necessary and adequate administration of such school. And in
order to secure unity and harmony in education in agricr.'ture in
the state of ^N^ew York, the state commissioner of agriculture, the
director of the "New York state college of agriculture at Cornell
university, and a person to be annually elected or appointed by
the state grange, shall be ex officio members of the board of man-
agers to be appointed annually by the trustees of Alfred university,
to have immediate management of the said state school of agricul-
ture. Alfred university shall receive no income, profit or com-
pensation therefor, but all moneys received from appropriations
for the said school of agriculture shall be credited by said
university to a separate fund, and shall be used exclusively for
said 'New York state school of agriculture. Such moneys as may
be appropriated by the state to Alfred university, for said state
school of agriculture, shall be payable to the treasurer of Alfred
university upon vouchers furnished to the comptroller. The said
university shall expend such moneys and use such property of
the state in administering said school of agriculture as above pro-
vided, and shall report to the commissioner of agriculture an-
nually, on or before the first day of December, a detailed state-
ment of such expenditures and of the general operations of the
said school of agriculture for the year ending the thirtieth day of
September then next preceding; and a copy of such report shall
be transmitted to the legislature. Students bona fide residents of
the state of l^ew York for one year preceding the date of their
admission shall be entitled to free tuition. Other fees and charges
if any in the said school of agriculture, and any moneys received
from tuitions paid by students not residents of the state of N'ew
York, and from the sales of products shall be reported and for-
warded monthly to the state treasurer as required by the state
finance law, and may be reappropriated toward the maintenance
of said school of agriculture.
ARTICLE 42-A.
State Sichool of Agriculture at Cobleskill.
[Article inserted by L. 1911, ch. 852.]
Section 1075. Establishment and corporate name.
1076. Objects and purposes of school.
1077. Management and control of school.
1078. Powers and duties of board of trustees.
t
EDUCATION LAW 195
§ 1075. Establishment and corporate name. There is
hereby established in the town of Cobleskill, Schoharie county, a
school of agriculture to be known as the Schoharie State School of
Agriculture. _
§ 1076. Objects and purposes of scbool. Such school
shall have for its objects and purposes :
1. The instruction of pupils attending such school in agriculture,
mechanic arts and home making.
2. The giving of instruction throughout the state by means of
schools, lectures and other university extension methods for the
promotion of agricultural knowledge.
3. The conducting of investigations and experiments for the
purpose of ascertaining the best methods of fertilization of fields,
gardens and plantations and the best modes of tillage, farm man-
agement and improvement of live stock.
4. The printing of leaflets and the dissemination of agricul-
tural knowledge by means of lectures and otherwise; printing and
free distribution of the results of such investigations and experi-
ments, and the publication of bulletins containing such informa-
tion as may be deemed desirable and profitable in promoting the
agricultural interests of the state.
§ 1077. Management and control of scbool. The care,
management and control of the school, property and premises shall
be exercised by a board of seven trustees of which the commissioner
of education and the commissioner of agriculture shall be ex officio
members, with the same powers and duties as other members
thereof. The other five trustees shall be appointed by the gov-
ernor. At least three of the trustees so appointed shall be resi-
dents of the county of Schoharie and one of them shall be a
resident of the town of Cobleskill. Trustees first appointed here-
under shall be appointed for such terms that the term of one
trustee shall expire each year and their terms shall be designated
by the governor in their certificates of appointment. A successor
to any such trustees shall be appointed for a full term of five
years. A vacancy in the office of trustee shall be filled for the
remainder of the unexpired term. Such trustees shall serve with-
out compensation.
§ 1078. Powers and duties of board of trustees. The
board of trustees of such school shall have the general care, super-
vision and control of such school and of all of its affairs, and to
carry out its objects and purposes shall:
1. Employ and at pleasure remove teachers, experts, chemists
and all necessary clerks and assistants ;
196 NEW YOEK STATE EDUCATION DEPARTMENT
2. Adopt rules not inconsistent with law controlling the affairs
of such school and regulating the meetings and organization of
such board;
3. Prescribe the course of instruction and the methods of in-
vestigation and experiments to be followed in such school.
The board of trustees shall report to the commissioner of agri-
culture annually, on or before the first day of December, a detailed
statement of such expenditures and of the general operations of
the said school of agriculture for the year ending the thirtieth day
of September then next preceding, and a copy of such report shall
be transmitted to the legislature. Students, bona fide residents of
the state of New York for one year preceding the date of their
admission, shall be entitled to free tuition. Other fees and
charges, if any, in the said school of agriculture, and any moneys
received from tuition paid by students not residents of the state
of New York, and from the sale of products, shall be reported
and forwarded monthly to the state treasurer as required by the
state finance law, and may be reappropriated toward the mainte-
nance of said school of agriculture.
Note. — The following sections of L. 1911, ch. 852, relate to the establish-
ment of the State School of Agriculture at Cobleskill, but are not amendatory
of the Education Law.
§ 2. The governor shall appoint the members of the board of trustees of
such school within twenty 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 within the
town of Cobleskill, county of Schoharie, and within easy access of the village
of Cobleskill, suitable and adapted for the purposes of such school. All deeds
of conveyances, contracts of purchase or other instruments executed for the
purpose of transferring the title of such lands shall be examined and approved
by the attorney-general before payment of any part of the purchase price of
such lands. The total amount to be paid by the state out of the moneys
hereinafter appropriated for the purchase of such site shall not exceed the
sum of ten thousand dollars. The board of trustees of such school shall cause
to be erected upon the lands so acquired suitable buildings for use of such
school, so designed as to carry into effect the objects and purposes of such
school. The state architect shall prepare the necessary plans and specifica-
tions for the erection and equipment of such buildings, and he shall possess
the same powers and perform the same duties in respect to such buildings
as are possessed or performed by him in respect to other buildings. The
erection and equipment of such buildings shall be done by contract, except
work which in the opinion of the comptroller and the state architect can be
done, in whole or in part, more advantageously by the employment of labor
and the purchase of materials in the open market. All expenditures under
this act shall be made pursuant to estimates or pursuant to contracts, the
form of which shall be prescribed by the state architect. The estimates shall
be made to the comptroller in the usual form by the board of trustees of such
school. Where the work estimated for is from drawings and specifications of
the state architect, the estimates shall be subject to his approval also. No
item of said appropriation shall be available, except for advertising, unless
a contract or contracts, or estimate or estimates therefor shall have been
first made for the completion thereof witliin the appropriation therefor. All
contracts in an amount greater than one thousand dollars shall have the
7
EDUCATION LAW 107
performance thereof secured by sufficient bond or bonds, said bond or bonds
to be approved by and filed with tlje comptroller. All contracts in an amount
less than one thousand dollars need have no surety bond, provided payment
is to be made only after the work is completed and approved. All payments
on contracts shall be made on the certificate of the state architect and^a
voucher of the board of trustees of such school after audit by the comptroller/
All original bids or proposals with abstract thereof shall accompany the copy
of the contracts which is to be filed with the comptroller. Money herein
appropriated shall only be advanced to the board of trustees of such school,
as the work progresses, or the purchase of material is made and upon bills
duly certified, rendered and audited.
§ 4. 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. Of this amount the sum of ten thousand dollars shall be payable
on the first day of October, nineteen hundred and eleven, and the remaining
forty thousand dollars shall be payable on the first day of October, nineteen
hundred and twelve. The amount so appropriated shall be paid by the
treasurer upon the warrant of the comptroller drawn upon the requisition of
the board of trustees of such school.
ARTICLE 43
State School of Ag'riculture at MorrisvlUe
Section 1090. Corporate name.
1091. Objects and purposes of school.
1092. Management and control of school.
1093. Powers and duties of board of trustees.
§ 1090. Corporate name. The school of agriculture estab-
lished bj chapter two hundred one of the laws of nineteen hun-
dred and eight shall continue to be known as the New York state
school of agriculture at Morrisville.
§ 1091. Objects and purposes of school. Such school
shall have for its objects and purposes:
1. The elementary and practical instruction of pupils attending
such school in agriculture and all allied subjects, including do-
mestic science.
2. The giving of instruction in agriculture and agricultural
science preparatory to the more advanced courses in the state col-
lege of agriculture at Cornell to which end the work shall be con-
formed as far as practicable with that of the last named insti-
tution and also the giving of elementary and practical instruction
for the carrying on of agricultural pursuits to such as do not desire
the more advanced course.
3. The conducting of investigations and experiments in central
New York for the purpose of ascertaining the best methods of
fertilizing fields, gardens and plantations and the best modes of
tillage and farm management and the care and improvement of
live stock.
198 NEW YORK STATE EDUCATION DEPARTMENT
§ 1092. Management and control of scliool. Tbe
care, management and control of said school, property and prem-
ises shall be exercised by a board of seven trustees. The state
commissioner of agriculture and the director of the New York
state agricultural school at Cornell University, shall, ex officio,
be members of the board of trustees. The other five trustees shall
be appointed by the governor by and with the consent of the
senate. At least two of such trustees shall be residents of the
county of Madison. One of such trustees shall be a person recom-
mended by the state grange, if such recommendation be made.
Two of such appointed trustees shall be appointed for a term of
two years each and three for a term of four years each. Upon
the expiration of the terms of office of such appointed trustees
their successors shall be appointed for a terra of four years each.
Such trustees shall serve for the terms for which they are respect-
ively appointed and until their successors have been appointed
and qualified. In case of any vacancy in the office of any trustee
his successor shall be appointed for the unexpired term for which
he was appointed. Such trustees shall serve without compensation
as such, except that there shall be allowed to said board for clerical
and other assistance that may be required in the discharge of their
duties, a sum not to exceed fifteen hundred dollars per annum,
which may be paid in whole or in part to one of the appointed
members of said board, to act as secretary and clerk of said board
until said school shall be organized.
§ 1093. Powers and duties of board of trustees. The
board of trustees so appointed by the governor shall have the
general care, supervision and control of such school and all its
affairs and to carry out its objects and purposes:
1. Employ and remove teachers, experts, chemists and all neces-
sary clerks and assistants.
2. Adopt rules not inconsistent with the law controlling the
affairs of such school.
3. Prescribe the course of instruction and the methods of in-
vestigation and experiments to be followed in such school.
The board of trustees shall report to the commissioner of agricul-
ture annually, on or before the first day of December, a detailed
statement of such expenditures and of the general operations of
the said school of agriculture for the year ending the thirtieth day
of September then next preceding, and a copy of such report shall
be transmitted to the legislature. Students bona fide residents of
the state of "New York for one year preceding the date of their
EDUCATION LAW 199
admission shall be entitled to free tuition. Other fees and charges,
if any, in the said school of agriculture, and any moneys received
from tuition paid by students not residents of the state of 'New
York, and from the sale of products, shall be reported and far-^
warded monthly to the state treasurer as required by the state
finance law, and may be reappropriated toward the maintenance of
said school of agriculture.
§ 1094. Poiver to acquire real estate; proceedings
therefor. The trustees of said New York State School of
Agriculture at Morrisville are hereby authorized to enter upon,
take possession of and use the lands and premises known as the
'^ Field '' property, in the village of Morrisville, in the county of
Madison, being a lot measuring about thirty feet by ninety-four
feet, adjoining the grounds of such school and lying to the east
of the buildings of such school heretofore acquired by the state
from the county of Madison. An accurate survey and map of all
such lands shall be made and said trustees shall annex thereto
their certificate that the lands therein described have been appro-
priated for the use of said school. Such map, survey and cer-
tificate shall be filed in the office of the county clerk of the county
of Madison. The said trustees shall thereupon cause to be served
upon the reputed owner or owners of any real property so appro-
priated, and upon the actual occupant or occupants thereof, if
any, a notice of the filing and of the date of filing of such map,
survey and certificate in the office of the county clerk, which notice
shall also specifically describe the portion of such real property
belonging to the owner or owners which has been so appropriated,
if less than the entire estate therein is to be taken. The trustees
may, and if the owner or owners of such property or any of them
shall be non-residents of the state, or imknown, or if the notice
cannot for any reason be personally served upon the owners or
all owners within the state, the trustees shall serve the same by
publication thereof, once in each week for four consecutive weeks
in any newspaper published in the county of Madison. From the
time the service of such notice is complete, the entry upon and
the appropriation by the State School of Agriculture at Morris-
ville of the real property therein described for the uses and pur-
poses of said school shall be deemed complete, and such notice,
when personally served or published, or both, in substantial com-
pliance with the provisions of this section, shall be conclusive evi-
dence of such entry and appropriation and of the quantity and
boundaries of the lands appropriated. The trustees of the school
200 NEW YORK STATE EDUCATION DEPARTMENT
shall cause a duplicate copy of such notice, with an affidavit of
due service or publication thereof, or both, as the case may be, to
be recorded in the books used for recording deeds in the office of
the county clerk of Madison county, and the record of such notice
and such proofs of service or publication shall be prima facie evi-
dence of the due service or publication thereof. The failure or
neglect to serve personally on any person shall not impair or af-
fect the entry upon or appropriation of such property, if the
notice be published. The court of claims shall have jurisdiction
to determine the amount of compensation for lands, structures
and waters so appropriated. [Amended hy L. 1912, cJi, 27.]
State CoUeg'e of Forestry at Syracuse
University
L. 1911, ch. 851. AN ACT to establish a State College of Forestry at Syracuse
University, and making an appropriation therefor.
The People of the State of New York, represented in Senate and Assembly,
do enact as folloics:
State College of Forestry at Syracuse University
Section 1. Establishment; corporate name.
2. Objects and purposes of college.
3. Management and control of college.
4. Powers and duties of boards of trustees.
5. Property acquired to belong to the state.
6. Admission to college ; disposition of fees and income.
7. Time of taking effect.
§ 1. Establishment; corporate name. There is hereby
established at Syracuse University a state college of forestry, which
shall be known as The New York State College of Forestry at
Syracuse University.
§ 2. Objects and purposes of college. Such college shall
have for its objects and purposes :
1. The conduct upon land acquired for such purpose of such ex-
periments in forestry and forestation as the board of trustees
deem most advantageous to the interests of the state and the ad-
vancement of the science of forestry.
2. The planting, raising, cutting and selling of trees and timber
at such times, of such specie and quantities and in such manner
as the board of trustees deems best, with a view of obtaining and
imparting knowledge concerning the scientific management and
use of forests, their regulation and administration, and the pro-
i
EDUCATION LAW 201
auction, harvesting and reproduction of wood crops and the earn-
ing of revenue therefrom.
§ 3. Management and control of college. The care,
management and control of such college and the property and
premises required therefor shall be exercised by a board of twelve
trustees. The chairman of the state conservation commission, the
state commissioner of education and the chancellor of Syracuse
University, shall be ex-officio members of the board of trustees.
Of the remaining nine members of the board of trustees, three
shall be appointed by the governor, by and with the advice and
consent of the senate, and six by the board of trustees of Syracuse
University. The members appointed by the governor and by the
board of trustees of Syracuse University- shall be divided into
three classes, so that the terms of one-third thereof shall expire
on June thirtieth, nineteen hundred and twelve, and one-third
thereof on the thirtieth day of June of each second year there-
after. Successors to such trustees shall be appointed by the gover-
nor and by the board of trustees of Syracuse University for full
terms of six years. In case of any vacancy in the office of any
appointive trustee his successor shall be appointed for the unex-
pired term for which he was appointed. The members of the
board of trustees shall serve without compensation, but shall be
entitled to their actual necessary expenses incurred in the per-
formance of their duties. [Amended hy L. 1912, ch. 15.]
§ 4. Powers and duties of board of trustees. The
board of trustees of such college of forestry shall have the general
care, supervision and control of such college and of its officers, and
to carry out its objects and purposes shall:
1. Employ and at pleasure remove teachers, experts and all
necessary clerks and assistants.
2. Adopt rules, not inconsistent with law, controlling the affairs
of such college.
3. Prescribe the course of instruction and the methods of investi-
gation and experiments to be followed in such college, and the
degree to be conferred on graduation therefrom.
4. Keport to the legislature on or before the first day of February
a detailed statement of the general operation of such college for
the year ending on the thirtieth day of September then next
preceding.
§ 5. Property acquired to belong to tbe state. All
lands purchased and other property acquired with moneys appro-
202 NEW YORK STATE EDUCATION DEPARTMENT
priated by the state for such college of forestry shall be and remain
the property of the state. If real property is purchased, the title
thereto shall be conveyed to the people of the state of Ne\7 York,
and the sufficiency of such title and the form of conveyance shall
be approved by the attorney-general.
§ 6. Admission to college; disposition of fees and
income. Students who are bona fide residents of the state of
]^ew York for one year preceding the date of admission shall be
entitled to free tuition in such college. Any moneys received from
tuition paid by students not residents of the state of New York
and from the sale of products shall be reported and forwarded
monthly to the state treasurer, as required by the state finance law,
and may be appropriated toward the maintenance of such college
of forestry.
*§ 2. The sum of forty thousand dollars ($40,000), or so much
thereof as may be necessary, is hereby appropriated out of any
money in the treasury, not otherwise appropriated, for the purpose
of acquiring necessary lands for the New York State College of
Forestry at Syracuse University, and the further sum of fifteen
thousand dollars ($15,000), or so much thereof as may be neces-
sary, is hereby appropriated for the purchasing of necessary
supplies, the payment of the salaries of teachers, experts and other
assistants, and the other necessary expenses of such college. The
moneys hereby appropriated shall be payable by the treasurer on
the warrant of the comptroller on the order of the board of trustees
of such college.
§ 7. Time of taking eifect. This act shall take effect
immediately.
ARTICLE 43-A
Retirement Fund for Teachers in State
Institutions
[Article inserted by L. 1910, ch. 441, in effect June 8, 1910.]
Section 1095. Retirement of certain teachers in state institutions.
1096. Certificate of retirement upon application.
1097. Retirement upon recommendation of governing
body of institution where teacher is employed.
1098. Amount to be paid to such retired teachers.
1099. Time and manner of payments.
* So in original.
EDUCATION LAW 203
§ 1095. Retirement of certain teachers in state
institutions. Every teacher in a state institution who, for a
period of ten years immediately preceding, has been employed by
the state as a teacher in any college, school or institution main-
tained and supported by the state and who shall have been en-
gaged in teaching in some college, university, school, academy,
institution, teachers' institutes or in the public schools of this
stats or elsewhere during a period aggregating thirty years must,
at his request, or may on the order of the commissioner of educa-
tion, be retired from such employment. [Amended hy L. 1912,
ch. 293.]
§ 1096. Certificate of retirement upon application.
Every such person desiring to be retired under the provisions of
section ten hundred and ninety-five of this chapter shall present
to and file with the commissioner of education an affidavit signed
by himself, or, in case he is mentally or physically incapable of
making such affidavit, the affidavit of some person or persons
acquainted with the facts, setting forth the number of years of
such employment, the place or places where employed, the salary
received by the applicant at the last place of Employment, and
upon the filing of such affidavits, the commissioner of education,
if he shall be satisfied of the truth of the affidavit, shall issue to
such applicant a certificate that such applicant has been retired
from active service as a teacher.
§ 1097. Retirement upon recommendation of gov-
erning body of institution ivhere teacher is em-
ployed. Upon the recommendation of a majority of the mem-
bers of the board or governing body having in charge any such
college, school or institution, that a member of the teaching force
be retired on account of mental or physical incapacity for the
performance of duty, the commissioner of education may retire
such person and issue to such person the certificate set forth in
section ten hundred and ninety-six of this chapter, provided such
person has been employed by the state for ten years as a teacher
in any college, school or institution maintained and supported
by the state and has been engaged in teaching in some college,
university, school, academy or institution or in the public schools
of this state or elsewhere during a period aggregating twenty
years. [Amended hy L. 1912, ch. 293.]
§ 1098. Amount to be paid to such retired teacher
Every person who shall be retired under the provisions of this
article shall be entitled to receive from the state one-half the
204 NEW YORK STATE EDUCATION DEPARTMENT
salary whicli such person was receiving at tlie date of such retire-
ment, not to exceed, however, one thousand dollars per annum.
In no case shall the payment to any person retired hereunder be
less than the sum of three hundred dollars. [Amended by L.
1912, ch. 293.]
§ 1099. Time and manner of payments. The pay-
ment of the amounts provided in this article to be paid shall be
made by the state treasurer on the warrant of the comptroller
on the audit of the commissioner of education. Payments shall
be made quarterly commencing with the first quarter after the
date of issue of the certificate of such retirement. The com-
missioner of education shall make and enforce such rules and
regulations, not inconsistent with the provisions of this article, as
he shall deem necessary for properly safeguarding all payments
thereunder, including vouchers to be signed by the person to whom
such payment is made.
ARTICLE 43-B
[Article inserted by L. 1911, ch. 449, in effect August 1, 1911.]
State Teachers' Retirement Fund for Public Sichool
Teachers.
Section 1100. Definitions.
1101. Establishment of state teachers' retirement fund.
1102. State teachers' retirement fund board.
1103. Vacancies; resignations; removal from office.
1104. Officers of board; salaries and expenses; meet-
ings.
1105. State treasurer ex-officio treasurer of fund; in-
vestments.
1106. Powers of board,
nor. Eules of board.
1108. Contributions by teachers; deductions from sal-
aries.
1108-a. Method of payment into state treasury.
1109. Retirement of teachers.
1109-a. ^Application of article to certain counties, cities
and districts; voluntary contributions.
1109-b. Application of article to certain counties, cities
and districts; voluntary contributions.
§ 1100. Definitions. The word " teacher " as used in this
article includes teachers and principals employed in public schools
* So in original.
■
EDUCATION LAW 205
of the cities and school districts of the state and shall also include
superintendents employed as provided by law in cities and union
free school districts having a population of five thousand or more^
The words " retirement fund " as used in this article shall mean
the 'New York state teachers' retirement fund for public school
teachers as established by this article.
§ 1101. Establisliineiit of state teachers' retire-
ment fund. There is hereby established the New York state
teachers' retirement fund for public school teachers which shall
consist of:
1. All contributions made by teachers as hereinafter provided.
2. The income or interest derived from the investment of the
moneys contained in such fund.
3. All donations, legacies, gifts and bequests which shall be
made to such fund, and all moneys which shall be obtained from
other sources for the increase of such fund.
4. Appropriations made by the state legislature from time to
time to carry into effect the purposes of such fund, and which ap-
propriations when made shall be paid into such fund and may
be expended in the same manner as other moneys belonging thereto.
§ 1102. State teachers' retirement fund board. The
state teachers' retirement fund board shall consist of five members
to be appointed by the commissioner of education as hereinafter
provided. One of such members shall be, at the time of his ap-
pointment, a superintendent of schools in a city or district; one
shall be at the time of his appointment an academic principal, and
one shall be at the time of his appointment a teacher engaged in
teaching in an elementary school. At least one of such members
shall be a woman teacher in the public schools. Such appointments
shall be made within ten days after this act takes effect. The mem-
bers of such board first appointed shall hold office for terms of one,
two, three, four and -Q^ve years from January first, nineteen hun-
dred and twelve, to be designated by the commissioner of educa-
tion when he appoints such members. Their successors shall be
appointed for terms of five years. A vacancy occurring in the
office of any member shall be filled for the unexpired term.
§ 1103. Vacancies; resignations; removal from
office. A vacancy in the office of a member of the board shall be
created by death, resignation, refusal to serve, removal from office,
or absence from the state for a period of one year. A member of
such board may resign by written resignation submitted to the com-
206 NEW YORK STATE EDUCATION DEPARTMENT
missioner of education and accepted by him. The commissioner
of education may remove a member of such board for cause, after
service upon him of written charges and an opportunity to be heard
in defense thereof.
§ 1104. Officers of board; salaries and expenses;
meetings. There shall be a president, vice-president and secre-
tary of such board, to be elected by a majority vote of the members
of the board. The president and vice-president shall be elected for
terms of one year. The term of office of the secretary shall be fixed
by the board. The secretary need not be a member of the board.
His salary or compensation shall be prescribed by the board, not ex-
ceeding two thousand dollars a year, subject to the approval of the
commissioner of education. The members of the board shall serve
without compensation, but they shall be entitled to their expenses
actually incurred in attending the meetings of the board and in
performing services as members thereof.
The board shall meet annually in the education building at Al-
bany, on the second Wednesday in January, and shall have stated
meetings at the same place, at least once in each three months, as
determined by the regulations of the board. If a member of the
board be absent from two consecutive stated meetings without a
reasonable excuse for such absence, accepted by the board, his office
shall be declared vacant by the commissioner of education, upon
notice being received by him of such unexcused absences, and such
vacancy shall be filled as hereinbefore provided.
§ 1105. State treasurer ex-officio treasurer of
fund; investments. The state treasurer shall be ex-officio
treasurer of the retirement fund and shall be the custodian thereof.
The moneys belonging thereto shall be deposited by him in banks
or trust companies and the law relating to the deposit of state
funds in such banks and trust companies shall apply so far as may
be to the deposit of moneys belonging to the said retirement fund.
The state teachers' retirement fund board shall determine from
time to time as to what portion of the retirement fund shall be
permanently invested. Such fund shall only be invested in those
securities in which the trustees of a savings bank may invest the
moneys deposited therein, as provided by section one hundred and
forty-six of the banking law. When such board shall determine
that any portion of said fund should be so invested, it shall by
resolution, duly adopted by a majority vote of the members of the
board, direct the treasurer to invest such portion of the fund in
any of said securities.
EDUCATION LAW 207
§ 1106. Powers of board. The state teachers' retirement
fund board, subject to the provisions of this article and of any
other statute, shall have power:
1. To appoint and employ such officers and employees as may be
necessary to carry into effect the provisions of this article, and fix
their compensation.
2. To prescribe the duties of its secretary and other officers and
employees.
3. To conduct investigations into all matters relating to the
operation of this article, and subpoena w^itnesses and compel their
attendance to testify before it in respect to such matters, and any
member of the board may administer oaths or affirmations to such
witnesses.
4. To require boards of education, trustees, and other school
authorities, and all officers, having duties to perform in respect to
contributions by teachers to the retirement fund, to report to the
board from time to time, as to such matters pertaining to the pay-
ment of such contributions, as it shall deem advisable, and may
prescribe the form of such reports.
5. To draw its warrants upon the state treasurer for the pay-
ment of annuities to teachers who have been retired as provided in
this article, and for the purchase of such securities as the board
shall have decided to purchase as provided in this article. No
payments shall be made from the teachers' retirement fund except
by warrant signed by the president of the board, drawn after reso-
lution duly adopted at a meeting of the board by a majority of its
members, which adoption shall be attested by the secretary of the
board.
§ 1107. Rules of board. The state teachers' retirement
fund board shall make rules not inconsistent with the provisions of
this article which, when approved by the commissioner of educa-
tion, shall have the force and effect of law. Such rules shall
1. Provide for the conduct and regulation of the meetings of
the board and the transaction of the business thereof.
2. Provide for the enforcement and carrying into effect of the
provisions of this article.
3. Prescribe the manner of payment of contributions by
teachers to the retirement fund, and the payment of annuities
therefrom.
4. Establish a system of accounts showing the condition of such
fund, and receipts and expenditures.
208 NEW YORK STATE EDUCATION DEPARTMENT
6. Prescribe the method of making payments from such fund
to annuitants and giving receipts for such payments.
6. Prescribe the forms of warrants, vouchers, receipts, reports
and accounts to be used by annuitants and officers having duties
to perform in respect to such fund.
7. Eegulate the duties of boards of education, trustees, and
other officers imposed upon them by this article, in respect to the
contributions by teachers to the retirement fund, and the deduc-
tion of such contributions from teachers' salaries.
§ 1108. Contributions by teachers; deductions
from salaries. All teachers employed in the public schools in
this state except in those counties, districts or cities in which
provision is already made by statute for the retirement of public
school teachers and the payment of annuities or pensions to such
teachers, who enter into contracts for such employment after the
date on which this act takes effect, shall contribute to the teachers'
retirement fund one per centum of the salaries to be paid to such
teachers annually according to the terms of such contracts. On
and after such date all such contracts shall be deemed to have been
made subject to the provisions of this article, and the requirement
as to such contribution shall become a part of and enter into all
such contracts. Any teacher employed under a contract entered
into prior to the taking effect of this act may elect to contribute
one per centum annually of the salary paid pursuant to such con-
tract and shall thereupon become entitled to all the privileges
conferred by this article.
Boards of education, trustees and other school authorities having
duties to perform in respect to the payment of salaries to public
school teachers in their districts or cities, shall cause to be deducted
from each warrant or order issued to any of such teachers for the
payment of the salary of such teachers, the amount due by such
teacher to the teachers' retirement fund.
§ 1108-a. Method of payment into state treasury.
1. The school commissioner of each school commissioner district
shall include in his annual report to the commissioner of education,
a statement showing the amount required to be deducted from the
salaries of teachers in each school district under his supervision,
under section eleven hundred and eight of this act.
2. The superintendent of schools of each city shall also include
in his annual report to the commissioner of education, a state-
ment showing the amount required to be deducted under the pro-
EDUCATION LATV 209
Visions of section eleven hundred and eight of this act from the
salaries of teachers employed in such city.
3. The school commissioner of each school commissioner dis-
trict and the superintendent of each city shall file with the treas-
urer of the county in which such school commissioner district or
city is located, a statement showing the amount respectively re-
ported by them to the commissioner of education as provided in
subdivisions one and two of this section as being the amount re-
quired to be deducted from the salaries of teachers in their
respective school commissioner districts and cities under the pro-
visions of section eleven hundred and eight of this act. Such
statements to the county treasurer shall also respectively show .the
aggregate amount required to be so deducted from the salaries of
teachers employed in each school commissioner district in each
town in such school commissioner district and from the salaries
of teachers employed in each city.
4. The school commissioner of each school commissioner district
shall file with the supervisor of each town within such school com-
missioner district at the time he files his certificate of appor-
tionment of public school moneys, a statement showing the amount
required to be deducted from the salaries of the teachers employed
in each school district in such town. The superintendent of each
city shall file with the chamberlain or treasurer of such city a
duplicate of the certificate which he is required to file with the
county treasurer under subdivision three of this section.
5. When the commissioner of education apportions the money
appropriated by the legislature for the support of common schools
to the several counties of tne state, he shall cause to be determined
from the ofiicial reports of school commissioners and city superin-
tendents the amount required to be deducted from the salaries of
the teachers employed in each county who come under the pro-
visions of this act as required by section eleven hundred and eight.
6. The commissioner of education shall include in the certifi-
cate which he files with the comptroller showing the amount of
state funds apportioned for the support of common schools to each
county, a statement showing the amount required to be deducted
from the salaries of teachers in each of such counties, as required
under section eleven hundred and eight of this act.
Y. The comptroller shall issue his warrant to the state treas-
urer directing such treasurer to credit to the retirement fund
created herein from the appropriation for the support of common
210 NEW YORK STATE EDUCATIOIT DEPARTMENT
schools an amount equal to the aggregate amount required to be
deducted from the salaries of teachers in the several counties of
the state as shown bj the certificate of the commissioner of edu-
cation filed with him as directed in subdivision six of this section.
8. The comptroller, in issuing his warrant to the state treas-
urer for the payment to each county of that portion of the moneys
appropriated for the support of common schools and payable on
or before March first of each year, shall deduct therefrom an
amount equal to the amount required to be deducted from the
salaries of teachers as shown by the certificate of the commis-
sioner of education filed with the comptroller as required by sub-
division six of this section.
9. The county treasurer of each county when paying to the
supervisors of the towns of such county and to the chamberlain
or treasurer of a city in such county the first half of the money
apportioned annually for the support of common schools shall
deduct from the amount apportioned to each town and city an
amount equal to the amount to be deducted from the salaries of
the teachers in such town or city as shown by the certificate of the
school commissioners and city superintendents filed with such
treasurer as directed by subdivision three of this section.
10. The supervisor of each town shall pay to the collector or
treasurer of each school district in such town or to the teachers
employed in such districts toward their salaries on the order of
the trustees of such districts the amount apportioned to such dis-
tricts respectively less the amount required to be deducted from
the salaries of the teachers in such districts as shown by the
certificate of the school commissioner filed with such supervisors
as directed by subdivision four of this section.
§ 1109. Retirement of teachers. 1. A teacher who has
taught in public schools for a period of twenty-five years, at least
the last fifteen years of which period shall have been taught in
the public schools in those districts or cities in this state which are
subject to the provisions of this article shall, upon his retirement
from actual service as such teacher, on and after August first,
nineteen hundred and thirteen, be entitled to an annuity of a
sum equal to one-half of the annual salary paid to such teacher at
the time of such retirement, provided that no annuity shall exceed
the sum of six hundred dollars.
2. A teacher who has taught in public schools for a period of
fifteen years, at least the last nine of which were taught in the
public schools in those districts or cities which are subject to
I
EDUCATION LAW 211
this article, who is either physically or mentally incapable of
teaching may be retired, and shall, upon his retirement, be en-
titled to an annuity of as many twenty-fifths of the full annuity
for twenty-five years as said teacher has taught years. _ _
3. Such retirement may be had on the request of the teacher, or
upon the request of a board of education in a city or union free
school district. A request for retirement shall be made in writing
addressed to state teachers' retirement fund board, accompanied by
evidence showing that the teacher named therein is entitled to
retirement, and that he has complied with the provisions of this
article and the rules of the board relating to the payment of
annuities. The board shall pass upon all requests for retirement,
and shall determine whether such requests should be granted.
4. All determinations of the board relative to such requests and
the payment of annuities to teachers shall be subject to appeal to
the commissioner of education. The provisions of article thirty-
four of the education law, relative to appeals, shall apply to
appeals from such determinations.
§ 1109-a. Payment of annuities. 1. A teacher shall
not be entitled to an annuity who has not contributed to the retire-
ment fund an amount equal to at least thirty per centum of his
annuity. But a teacher who is otherwise entitled to retirement and
an annuity under this article, may become an annuitant and en-
titled to an annuity by making a cash payment to the retirement
fund of an amount which when added to his previous contributions
to such fund, will equal thirty per centum of his annuity.
2. In case a teacher who shall retire or be retired, is unable to
pay in advance the sum required to make up the said thirty per
centum of the annuity, the payment of such annuity may be with-
held until the portion of the annuity withheld shall equal the sum
required to make up said thirty per centum of the annuity.
3. Annuities shall be paid quarterly to the teachers entitled
thereto, upon the warrants or orders signed by the president and
secretary of the state teachers' retirement board. Vouchers or re-
ceipts shall be signed in duplicate by annuitants upon receiving
the money paid to them. Such duplicate receipts shall be returned
to the secretary of the board, and one of them shall be retained in
his office and the other shall be filed in the office of the state
treasurer.
4. Each annuity shall date from the time when the state
teachers' retirement board shall take action upon the request made
as herein provided for the retirement of the annuitant.
212 NEW YORK STATE EDUCATION DEPARTMENT
§ 1109-b. Application of article to certain counties,
cities and districts; voluntary contributions. This
article shall not apply to any county, city or district in which the
teachers in the public schools thereof are required or authorized
to contribute to a teachers' retirement fund, or in which such
teachers are entitled to annuities or pensions, in accordance with
any special or local act applicable to such county, city or district.
Provided, that whenever the state teachers' retirement fund board
is satisfied that more than two-thirds of all the teachers employed
in the public schools of any such county, city or district are willing
to become subject to this article, as shown by a petition duly signed
and verified by such teachers, such board shall issue its order
directing that on and after the date thereof this article shall apply
to such county, city or district. A copy of such order shall be
mailed to the several teachers employed in the county, city or
district to which such order relates and to the boards of education,
trustees or other school authorities therein, and thereupon the
provisions of this article shall apply to such county, city or district
to the same extent and for the same purposes as to the other
counties, cities and districts of the state. Thereupon the organiza-
tion or society created under the said local or special act applicable
to a county, city or district shall be dissolved and discontinued and
the treasurer or other custodian of the funds of such organization
or society shall pay into the state treasury any funds in his pos-
session belonging to the said organization or society, after paying
any outstanding obligations other than annuities. Such funds
shall be credited to the retirement fund provided for herein. All
persons who had been placed upon the retired list pursuant to the
provisions of such local or special act, previous to the date when
such local organization or society determined to come under the
provisions of this act, shall become annuitants under this act and
shall be entitled to receive the same amount which they would
have been entitled to receive under the provisions of their retire-
ment under said local or special act had such organization or so-
ciety created thereunder not been dissolved and discontinued.
Upon the execution and service of such order the teachers em-
ployed in the county, city or district to which such order relates,
shall contribute one per centum of their salaries to the retirement
fund and they shall be entitled to all the privileges thereof, under
the conditions and restrictions imposed by this article and the
rules of the board.
EDUCATION LAW 213
ARTICLE 44
Libraries
Section 1110. State library, how constituted.
1111. State medical library. ~ ~
1112. Manuscript and records '■ on file."
1113. State library, when open; use of books.
1114. Duplicate department.
1115. Transfers from state officers.
1116. Other libraries owned by the state.
1117. Public and free libraries and museums.
1118. Establishment.
1119. Acceptance of conditional gift.
1120. Subsidies.
1121. Closing of museum; admission fee during certain
hours.
1122. Taxes.
1123. Trustees.
1124. Incorporation.
1125. Use of free public libraries.
1126. Reports.
1127. Injuries to property.
1128. Detention.
1129. Transfer of libraries.
1130. Local neglect.
1131. Loans of books from state.
1132. Advice and instruction from state library officers.
1133. Apportionment of public library money.
1134. Abolition.
1135. Use and care of school library.
1136. Existing rules continued in force.
1137. Authority to raise and receive money for school
library.
1138. Authority to transfer school library property to
free public library.
1139. Transfer of property not in charge of librarian.
1140. Provision for change to circulating library.
1141. Penalty for disobedience to library law, rules or
orders.
§ 1110. State library, h.ojxr constituted. All books,
pamphlets, manuscripts, records, archives and maps, and all other
214 NEW YOEK STATE EDUCATION DEPARTMENT
property appropriate to a general library, if owned by the state
and not placed in other custody by law, shall be in charge of the
regents and constitute the state library.
§ 1111. Sitate medical library. The state medical library
shall be a part of the !N'ew York state library under the same
government and regulations and shall be open for consultation to
every citizen of the state at all hours when the state library is
open and shall be available for borrowing books to every accred-
ited physician residing in the state of 'New York, who shall
conform to the rules made by the regents for insuring proper pro-
tection and the largest usefulness to the people of the said medical
library.
§ 1112. Manuscript and records "on file." Manu-
script or printed papers of the legislature, usually termed ^' on
file," and which shall have been on file more than five years in
custody of the senate and assembly clerks, and all public records
of the state not placed in other custody by a specific law shall be
part of the state library and shall be kept in rooms assigned and
suitably arranged for that purpose by the trustees of public build-
ings. The regents shall cause such papers and records to be so
classified and arranged that they can be easily found. No paper
or record shall be removed from such files except on a resolution
of the senate and assembly withdrawing them for a temporary pur-
pose, and in case of such removal a description of the paper or
record and the name of the person removing the same shall be
entered in a book provided for that purpose, with the date of its
delivery and return.
§ 1113. State library, when open; use of books. The
state library shall be kept open not less than eight hours every
week day in the year except the legal holidays known as Inde-
pendence day, Thanksgiving day and Christmas day, and members
of the legislature, judges of the court of appeals, justices of the
supreme court, and heads of state departments may borrow from
the library books for use in Albany, but shall be subject to such
restrictions and penalties as may be prescribed by the regents for
the safety or greater usefulness of the library. Others shall be
entitled to use or borrow books from the library only on such con-
ditions as the regents shall prescribe.
§ 1114. Duplicate department. The regents shall
have charge of the preparation, publication and distribution,
whether by sale, exchange or gift, of the colonial history, natural
EDUCATION LAW 215
liist'>ry 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