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 university of the state of New York. APPROVED by the Governor April 27, 1892. Passed, three-fifths being present. 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. 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. 26. Apportionment of state money. The University Law. BECTION 28. Provisional charters. 32. Conditions of incorporation. 33. Prohibitions. 34. Powers of trustees of institutions in the University. 1. Number and quorum. 6. Control of property. 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. 88 1-2 § 1. Short title. This chapter shall be known as the University law. § 2. Definitions.-As used in this chapter. I. Academies are incorporated schools for instruction in higher branches 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. 2. The term college includes universities and other institutions for higher education authorized to confer degrees. 3. University means University of the state of New York. 4. Regents means board of regents of the University of the state of New York. 5. State superintendent means state superintendent of public instruction. 6. Higher education means education in advance of common elementary branches, and includes the work of academies, colleges, universities, professional and technical schools and educational work connected with libraries, museums, university extension courses and similar agencies. 7. The term trustees includes directors, managers, or other similar members of the governing board of an educational institution. § 3. Corporate name and objects. The corporation created in one thousand seven hundred and eighty-four under the name of Regents of the University of the state of New York shall continue and be known as University of the state of New York. Its objects shall be to encourage and promote higher education, to visit and inspect its several institutions and departments 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 perform such other duties as may be intrusted to it. § 4. Regents. The University shall be governed and all its corporate powers exercised by nineteen elective regents, and by the governor, lieutenant-governor, secretary of state, and superintendent of public instruction, who shall be ex-officio regents. In case of the death, resignation, refusal to act or removal from the state, of any elective regent, his successor shall be chosen by the legislature in the manner provided by law for the election of senators in congress, except that the election may take place at such time during the session of the legislature as it may determine. No person shall be at the same time an elective regent of the University and a trustee, president, principal, or any other officer of any institution belonging to the University. 5. Officers.-The elective officers of the University shall be a chancellor and a vice-chancellor who shall serve without salary, a secretary, and such other officers as are deemed necessary by the regents, all of whom shall be chosen by 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 ten 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, confer all degrees which they shall authorize, and fix the time and place of all special meetings. In his absence or inability to act, the vice-chancellor, or if he be also absent, the senior regent present shall perform all the duties and have all the powers of the chancellor. The secretary shall be responsible for the safe-keeping and proper use of the University seal and of the books, records, and other property in charge of the regents, and for the proper administration and discipline of its various offices and departments, and shall give an undertaking to be approved by and filed with the state comptroller, in the sum of ten thousand dollars for the faithful discharge of his duties. He may appoint, subject to the confirmation of the chancellor, a deputy to exercise temporarily any specified powers of the secretary in his absence. § 6. Meetings and absences. In addition to the annual meetings for which the time and place shall be fixed by ordinance of the regents, the chancellor shall call a meeting as often as the business of the University shall require, or on written request of any five regents; 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 written excuse accepted as satisfactory by the regents not later than the third consecutive meeting from which he has been absent, he shall be deemed to have resigned, and the regents shall promptly report the vacancy to the legislature, which shall fill it as provided in section four, 87. Quorum and executive committee.-Ten regents attending shall be a quorum for the transaction of business, but the regents may elect an executive committee of not less than seven, which, in the intervals between their meetings, may transact such business of the regents as they may authorize, except to grant, alter, suspend or revoke charters, or to grant honorary degrees. 88. Authority of regents to take testimony. The regents, or any committee thereof, may take testimony or hear proofs in any manner relating to their official duties, or in any matter which they may lawfully investigate. 89. By-laws, ordinances and rules. The regents may, as they deem advisable in conformity to law, make, alter, suspend, or repeal any by-laws, ordinances, rules and resolutions for the accomplishment of the trusts reposed in them, but no such bylaw, ordinance or rule shall modify in any degree the freedom of the governing body of any seminary for the training of priests or clergymen to determine and regulate the entire course of relig ious, doctrinal or theological instruction to be given in such institution. No by-law, ordinance or rule by which more than a majority vote shall be required for any specified action by the regents shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. (As amended by chap. 577 of 1895.) § 10. Departments and their government.—The state library and state museum shall be departments of the University, and the regents may establish such other departments as they deem necessary to discharge the duties imposed on them by law. All University departments shall be under the exclusive control of the regents, who shall have all powers of trustees thereof, including authority to appoint all needed officers and employes; to fix their titles, duties, salaries and terms of service; to make all needed regulations; and to buy, sell, exchange or receive by will, gift or on deposit, articles or collections properly pertaining thereto; to maintain lectures connected with higher education in this state, and to lend to or deposit permanently with other institutions, books, specimens or other articles in their custody, which, because of being duplicates, or for other reasons, will in the judgment of the regents, be more useful in said institutions than if retained in the original collections at Albany. § 11. General examinations, credentials and degrees.—The regents may confer by diploma under their seal such honorary degrees as they may deem proper, and may establish examinations as to attainments in learning, and may award and confer suitable certificates, diplomas and degrees on persons who satis factorily meet the requirements prescribed. § 12. Academic examinations.-The regents shall establish in the academies of the University, examinations in studies furnishing a suitable standard of graduation from academies and of admission to colleges, and certificates or diplomas shall be conferred |