L. 1923, ch. 672.

Drainage districts.

§ 75.

par value upon notice, as provided by law and shall be signed by the supervisor of such town and attested by the town clerk of such town after affixing thereto the seal of such town. All bonds or certificates of indebtedness issued under this section shall contain a recital that they are issued pursuant to this section, which recital shall be conclusive evidence of their validity and regularity of their issue and the certificates of indebtedness issued under this section shall contain a further recital to the effect that they are payable out of the proceeds of bonds to be issued as herein provided. Any premium or accrued interest received in the sale of such bonds may be used to pay the expenses connected with the issuing of same. If any money has to be advanced from other town moneys to pay the principal or interest of the said bonds or certificates of indebtedness same shall be reimbursed from the assessments hereinafter provided. The town board of such town shall each year before the levy of taxes make up an estimate or budget for any such drainage district within such town which shall give the sums required to pay interest payable each year on the bonds or certificates of indebtedness issued as herein provided and to pay the bonds falling due during each year and the estimated sum required for maintaining and repairing the ditches or drains within such districts and all other lawful charges against such districts and shall levy and assess the amount thereof from year to year upon all the lands within such district, subject to general taxation, according to their assessed valuation. The annual assessment rolls of such town shall be used for the purpose of such assessments and the assessors of such towns shall make the annual assessment roll in such form as shall show the parcels of land subject to such assessment. Such assessment rolls shall also show the aggregate assessed value of all such parcels and shall contain a column for extending the drainage assessments against such parcels. Complaints in relation to the assessments for the drainage assessment shall be heard at the same time as complaints are heard for general tax and such rolls shall be open for inspection accordingly. All provisions of law affecting special assessments shall apply in so far as the same are applicable. Any balance remaining in any such budget shall be credited in the succeeding budget. (Added by L. 1923, ch. 672, in effect May 24, 1923.)

DRUGS.

Adulteration; Penal L., § 1748.

DRUG STORES.

Regulation; Public Health L., §§ 234, 239, 240.

EASTERN NEW YORK REFORMATORY AT NAPANOCH.

Conversion into institution for mental defectives; Mental Deficiency L., §§ 22-b, 24-b-24-g.

§ 67.

Examinations.

L. 1921, ch. 178.

ECONOMIC BETTERMENT.

Expenditures by corporations and joint-stock associations; General Corporation

L., § 45.

EDUCATION LAW.

(L. 1909, ch. 21, as generally revised and amended by L. 1910, ch. 140.)

§ 67. Unlawful acts in respect to examinations and credentials.-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 commissioner 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 paper or questions, 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 questions 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. Secure or attempt to secure any credential regularly issued by the university, which is based upon such examination or based upon a course or courses of study in any institution of learning or educational institution approved by the university, which he has not actually passed or completed; or

9. Otherwise secure or attempt to secure the record of having passed such examination or of having been issued or of having been given credit toward such credential in violation of the university rules; is guilty of a misdemeanor and upon conviction thereof shall be punished for a first offense by a fine of not less than fifty dollars 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. (Amended by L. 1921, ch. 178, in effect April 9, 1921.)

L. 1921, chs. 61, 385.

Trustees of imitations; scholarships.

§§ 68, 73.

§ 68. Powers of trustees of institutions.-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. The president or chief executive officer of an association library corporation shall be elected by the trustees from their own number and shall be the chairman of the board. (Subd. amended by L. 1921, ch. 385, in effect April 30, 1921.)

Jurisdiction of Board of Regents under Laws of 1920, chapter 725, to remove trustees of corporation not originally created by Regents but subsequently brought under their jurisdiction where said corporation has no property and has been inoperative for more than two years; statute not given retroactive effect by Regents; no conflict of jurisdiction between Regents and Supreme Court; not necessary that Regents have interest in proceeding since statute permits action by them of their own motion.-The Regents of the University of the State of New York had jurisdiction, under chapter 745 of the Laws of 1920, which amended subdivision 4 of section 68 of the Education Law and provides that "The Regents may remove any trustee of a corporation created by them for misconduct, incapacity, neglect of duty, or where it appeared to the satisfaction of the Regents that the corporation has failed or refuses to carry into effect its educational purposes," to remove the trustees of the New York College and Hospital for Women, where it appears that, although said college was not originally created by the Regents, but by special act of the Legislature (Laws of 1863, chap. 123), it must be considered under subsequent acts of the Legislature as having all the advantages enjoyed by an educational institution organized by the Regents, and that the Regents in 1895 granted to said college a standard charter under which it has since exercised all its corporate functions and by reason of which it should thereafter be considered a corporation created by the Regents; and where it further appears that said college was a financial failure, had no property, and had been inactive for more than two years prior to the commencement of the proceeding by the Regents. Chapter 745 of the Laws of 1920 was not given a retroactive effect by the Regents, since the act went into effect in May, 1920, and the decision of the Regents was based upon the failure to maintain the institution after said date. There is no conflict of jurisdiction between the Board of Regents and the Supreme Court. It is not necessary to the validity of such a proceeding by the Regents that they should have some interest therein which gives them standing in court, for in such a matter they may take action of their own motion, and however the information is brought to their attention. People ex rel. Diffenbach v. Regents of University (1921), 199 App. Div. 55, 192 N. Y. Supp. 108.

§ 73. List of candidates; award of scholarships.-4. In case a pupil who is entitled to a scholarship shall fail to apply for such scholarship within fifteen days after being notified that he is entitled thereto or shall fail to comply with the rules of the regents as to such scholarships and the same shall have been revoked or canceled on account thereof, or, if for any other reason such scholarship shall become vacant, then the pupil standing next highest to those pupils on such list for such county who have received scholarships, shall be entitled to receive appointment to such vacant scholarship. A pupil entitled to a college entrance diploma under regents rules

$ 75.

Effect of certificate of scholarship.

L. 1923, ch. 714.

who failed to apply therefor within the time required by such rules to entitle him to a scholarship, and a pupil whose name would have been included in the list of names of candidates to be considered in the award of scholarships as provided herein except for errors or inadvertencies in the preparation of such list may apply to the regents of the university for a scholarship and if it shall appear to the satisfaction of the said regents that there was reasonable cause for the failure of such pupil to apply for such college entrance diploma as required by regents rules, or that an error or inadvertency occurred in the preparation of the list of candidates for such scholarships and it shall appear that except for such failure, error or inadvertency the applicant would have received a scholarship, the regents may award a scholarship to such pupil and such scholarship shall be issued and payments shall be made thereon out of moneys available therefor in the same manner as other scholarships are issued and paid. (Subd. 4 amended by L. 1918, ch. 257 and L. 1923, ch. 61, in effect March 23, 1923.)

§ 75. Effect of certificate; payments thereon.-The certificate issued as provided in the preceding section shall entitle the person named therein to receive the sum of one hundred dollars each year for a period of four years to aid such person in the completion of a college education. Such sum shall be paid by the state treasurer in two equal payments, one on October first and the other on March first out of the scholarship fund of the University of the State of New York, upon the warrant of the comptroller issued with the approval of the commissioner of education. Such approval shall be given upon vouchers or other evidence showing that the person named therein is entitled to receive the sum specified, either directly or for his or her benefit. The rules of the regents may prescribe conditions under which payments may be made direct to the college attended by the person named in such certificate, in behalf of and for the benefit of such person. But a person who completed the requirements for the college entrance diploma in January of any school year and who immediately thereafter entered upon a course of study in a college and completed one semester of college work during such year and to whom a scholarship certificate was issued as herein provided in the following August, may on application have such certificate dated from the time when such college entrance diploma was earned. Such scholarship certificate shall entitle the holder thereof to receive the sum of one hundred dollars each year for a period of four years from the date of such certificate, and on October first, following the award of such scholarship, there shall be paid to the holder thereof the sum of one hundred dollars, and thereafter the payment shall be made as provided in this section until the period of four years has expired. (Added by L. 1913, ch. 392, and amended by L. 1913, ch. 437 and L. 1923, ch. 714, in effect May 25, 1923.)

L. 1923, ch. 593.

Correspondence schools.

§§ 77-80.

§ 77. Limitation as to number of scholarships; courses of study.-At no time shall there be more than twenty scholarships established and maintained for each assembly district and at no time shall there be more than three thousand such scholarships so established and maintained for the entire state not including scholarships maintained from the revenue or income of trust funds, or gifts, devises or bequests created or made as provided in this act for the maintenance of such scholarships. A person entitled to such scholarship shall not be restricted as to the choice of the college which he desires to attend, or the course of study which he proposes to pursue; provided that no such scholarship shall include professional instruction in theology, or in any profession, admission to the practice of which shall require a license from the state or in any graduate courses following the receiving of a bachelor's degree; and provided further, that the college selected by the person entitled to such scholarship is situated within the state of New York, and is incorporated as a college and authorized under the laws of this state and the rules of the regents of the university to confer degrees. (Added by L. 1913, ch. 292, and amended by L. 1923, ch. 714, in effect May 25, 1923.)

§ 79. Licences of schools; supervision.-(Added by L. 1921, ch. 667, and repealed by L. 1923, ch. 799, in effect May 25, 1923.)

Constitutionality sustained. People v. American Socialist Society (1922), 202 App. Div. 640, 195 N. Y. Supp. 801.

Injunction granted restraining Rand School of Social Science from maintaining said school, it having failed and refused to make application for a license. People v. American Socialist Society (1922), 202 App. Div. 640, 195 N. Y. Supp. 801.

§ 80. Powers formerly exercised by the state board of geographic names. -The regents, or such bureau, division or officers of the university or the department of education as may be designated by them for such purpose, shall

1. Determine and establish the correct historical and etymological form of the place names in this state and recommend the adoption of such correct forms for public use.

2. Determine the form and propriety of new place names proposed for general use, and no corporation, individual or community shall introduce such new place names without the consent and approval of this board.

3. Co-operate with the United States board of geographic names and with the United States post-office department in establishing a proper, correct and historically accurate form for all place names proposed as designations of new post-offices. (Added by L. 1923, ch. 302, in effect May 1, 1923.)

§ 80. Correspondence schools. No person, firm or corporation shall conduct in this state a correspondence school unless such person, firm or