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Protection of Purchasers of Coal.

88 159-161

hundred dollars or by imprisonment for one year, or by both such fine and imprisonment.

$ 159. Owner of scales to keep memorandum book.- Every owner of such scales shall keep a book in which shall be entered in ink a memorandum of every load of coal weighed at such scales, showing the name of the person, firm or corporation delivering such coal, the net weight thereof as shown by the delivery ticket thereof of such person, firm or corporation, the name of the purchaser thereof, the gross and net weight of the coal so weighed, and the date of weighing. Such book shall be the book of original entries, and all certificates delivered by the owner of such scales shall be copies of the entries contained therein, and such books shall at all reasonable hours be open to the inspection of any citizen.

$ 160. Recovery and disposition of penalties. — The penalties provided in this article shall be recoverable at the suit of the city in which such penalties are incurred, and the amount so collected, as well as any amount collected in suits brought to recover the amounts due on bonds given under the provision of this article, shall be paid over, one-half to any police pension or relief fund in such city, and one-half to any firemen's pension or relief fund therein.

§ 161. Bills of lading ; penalty for altering. – A person guilty of altering with intent to defraud, any original bill of lading issued by the person, firm or corporation by whom the coal was loaded into the vessel in which such coal is transported to any city of the first or second class, in this state, or of uttering any such bill of lading so altered, or who is guilty of making, preparing or subscribing or uttering a false or fraudulent manifest, invoice or bill of lading thereof, or removing any part of such cargo of coal without having the amount thereof certified to in writing on such original bill of lading, by the person, firm or corporation receiving the coal so removed, and by the captain of the vessel containing such cargo, is punishable by imprisonment in a state prison, not exceeding three years or by a fine not exceeding one thousand dollars, or both, and the delivery of any fraudulent bill of lading to any purchaser of coal shall be presumptive evidence of uttering the same with criminal intent.

88 170–173

Article XI.

ARTICLE XI.

EFFECT OF CHAPTER; Laws REPEALED.

SECTION 170. Saving clause.

171. Construction.
172. Laws repealed.
173. Time of taking effect.

$ 170. Saving clause.— The repeal of a law or any part of it specified in the schedule hereto annexed shall not affect or impair any act done or right accruing, accrued or acquired, or liability, forfeiture or penalty incurred prior to October first, nineteen hundred, under or by virtue of any law so repealed, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had not been repealed; and all acts and proceedings, civil or criminal, commenced under or by virtue of the laws so repealed and pending on the thirtieth day of September, nineteen hundred, may be prosecuted and defended to final effect in the same manner as they might under the laws then existing, unless it shall be otherwise specially provided by law.

$ 171. Construction.—The provisions of this chapter so far as they are substantially the same as those of laws existing on September thirtieth, nineteen hundred, shall be construed as a continuation of such laws, modified or amended according to the language employed in this chapter, and not as new enactments; a reference in laws not repealed to provisions of laws incorporated into this chapter and repealed shall be construed as applying to the provisions so incorporated; and nothing in this chapter shall be construed to amend or repeal any provision of the criminal or penal code.

$ 172. Laws repealed. — The following acts and parts of acts are hereby repealed. The laws or parts thereof specified in the schedule hereto annexed and all acts amendatory thereof in force when this chapter takes effect, including all such amendatory acts, passed in nineteen hundred.

$ 173. Time of taking effect. — This chapter shall take effect on the first day of October, nineteen hundred.

Schedule of Laws Repealed.

SCHEDULE OF Laws REPEALED. LAWS OF Section.

Subject. 1835, ch. 243.... All.... Firemen removing from one city to

another. 1860, ch. 39. .... All.... Common council may compel attend

ance of witnesses. 1872, ch. 590.... 2,4.... Parades and processions, forbidding

except on notice. 1880, ch. 434.... All.... Licensing business on canal. 1886, ch. 543.... All.... Amends 1872, ch. 590, § 2. 1888, ch. 420.... All.... Police matrons in cities. 1891, ch. 90..... All.... Amends 1888, ch. 420, SS 1-7. 1892, ch. 209.... All.... Building bridges by cities. 1892, ch. 602.... All.... Plumbing in cities. 1892, ch. 685.... 28.... Interest in contracts. 1893, ch. 66..... All.... Amends 1892, ch. 602, $ 6. 1893, ch. 162.... All.... Amends 1892, ch. 602, SS 4, 5, 12. 1893, ch. 344....

2....

Term of office of supervisors in cities. 1895, ch. I...... All.... Bills to be sent to cities for approval. 1895, ch. 9...... All.... Bills to be sent to cities for approval. 1895, ch. 548.... All.... Commission to prepare general laws

for cities of second class. 1895, ch. 758.... All.... Lodging houses in cities of first class. 1895, ch. 990.... All.... Contracts for gas supply in cities of

the first class. 1895, ch. 1011... All....

.... Commission to prepare general laws

for cities of third class. 1896, ch. 530.... All.... Bituminous coal in cities. 1896, ch. 823.... All.... Public celebrations in cities of the

first class. 1897, ch. 174.... All..... Protection of purchasers of coal. 1898, ch. 58..... All.... Observance of Memorial Day in cities

of third class. 1898, ch. 395.... All.... Development of art in cities. 1899, ch. 237.... All.... Amends 1892, ch. 685, § 28. 1899, ch. 637.... All.... Tuberculosis hospitals.

CHAPTER XXIII

OF THE GENERAL LAWS.

THE EDUCATION LAW.

[Not yet enacted. In lieu of it is given the University Law

and the Consolidated School Law, which will form part of the Education Law when passed.]

[CHAPTER 378 OF 1892.] AN ACT to revise and consolidate the laws relating to the uni

versity of the state of New York. APPROVED by the Governor April 27, 1892. Passed, three-fifths being prosent.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. Short title.

2. Definitions.
3. Corporate name and objects.
4. Regents.
5. Officers.
6. Meetings and absences.
7. Quorum and executive committee.
8. Authority of regents to take testimony.
9. By-laws, ordinances and rules.
10. Departments and their government.
11. General examinations, credentials and degrees.
12. Academic examinations.
13. Admission and fees.
14. Extension of educational facilities.
15. State library, how constituted.
16. Manuscript and records “ on file."
17. Use.
18. Book appropriation.
19. Duplicate department.
20. Transfers from state officers.
21. Other libraries owned by the state.
22. State museum ; how constituted.
23. Collections made by the staff.
24. Institutions in the University.
25. Visitation and reports.
26. Apportionment of state money.
27. Charters.

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BECTION 28. Provisional charters.

29. Change of name or charter.
30. Dissolution and rechartering.
31. Suspension of operations.
32. Conditions of incorporation.
33. Prohibitions.
34. Powers of trustees of institutions in the University.

1. Number and quorum.
2. Executive committee.
3. Meetings and seniority.
4. Vacancies and elections.
5. Property holding.
6. Control of property.
7. Officers and employes.
8. Removals and suspensions.
9. Degrees and credentials.

10. Rules.
35. Public and free libraries and museums.
86. Establishment.
87. Subsidies.
38. Taxes.
39. Trustees.
40. Incorporation.
41. Reports.
42. Use.
43. Injuries to property.
44. Detention.
45. Transfer of libraries.
46. Local neglect.
47. Loans of books from state.
48. Advice and instruction from state library officers.
49. Use of fees and fines.
50. Apportionment of public library money.
51. Abolition.
52. Laws repealed.
53. Saving clause.
54 Construction.
55. To take effect.

Schedule of laws repealed.

8 1. Short title.—This chapter shall be known as the Uni. versity law.

§ 2. Definitions.-As used in this chapter.

1. Academies are incorporated schools for instruction in higher braliches of education, but not authorized to confer degrees, and such high schools, academic departments in union schools and similar unincorporated schools as are admitted by the regents to the University as of academic grades.

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