L. 1922, ch. 673. 2. Require every individual, firm or corporation which deals in fuel or acts as a distributor thereof to report to the administrator at such times and covering such period as he may direct, showing the amount and kind of fuel received, the price paid therefor, and the names of the persons from whom such fuel was purchased, together with such other information as the administrator may request. § 8. Sale and seizure of fuel.-If fuel (1) be held, contracted for or arranged for by any person in a quantity in excess of reasonable requirements for use and consumption by himself and dependents for a reasonable time; or (2) be held, contracted for or arranged for by any manufacturer, wholesaler, retailer or other person, in a quantity in excess of the reasonable requirements of his business for use or sale by him for a reasonable time; or (3) be withheld, whether by possession or under any contract or arrangement, from the market by any person for the purpose of unreasonably increasing or diminishing the price, the state fuel administrator, by order, may require the sale of such fuel or of such excess of requirements, within a reasonable time to be specified in the order. If such order be not complied with, the state fuel administrator may seize such fuel and forthwith sell the same for the owner for cash and immediately shall pay to him the proceeds of such sale less expenses of seizure and sale. If the compensation paid be unsatisfactory to the owner of such fuel, he shall be entitled to file his claim in the court of claims for such further sum as added to the amount so paid shall amount to just compensation for such fuel. The court may make such award upon such claim as it deems just and proper and render judgment therefor against the state, provided that such claim be filed within three months from the time it accrues. Claims filed under this section shall have preference over all other claims pending in such court. If the administrator shall have fixed the maximum price or the margin of profit, which would have applied to a sale of such fuel by the owner, such price or a price resulting in such a profit shall be presumptive evidence in the court of claims of the value of the fuel seized. § 9. Licenses. Whenever the state fuel administrator shall find it in the public interest to license dealers or any class of dealers in fuel or in any class of fuel, or such dealers in any locality, and shall publicly so announce, no person shall, after the date fixed in the announcement, engage in or carry on the business to which such finding and announcement applies unless he shall secure and hold a license issued in pursuance of this section. The state fuel administrator is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for systems of accounts and the auditing of accounts to be kept by licensees, and the submission of reports by them with or without oath or affirmation and the entry and inspection by his duly authorized agents of the places of business of licensees and the inspec §§ 10, 11. Appropriation. L. 1922, ch. 673. tion of their books. Such licenses shall be in such form and shall contain such terms and conditions as the administrator deems necessary to protect the ultimate consumers and to secure equitable distribution of fuel. Whenever the administrator shall find that any licensee shall have violated any provision of this act, or of the license, or of any rule, regulation or order of the administrator, made pursuant to this act, or be guilty of unfair or dishonest practices, he may revoke such license. Any such license shall be revoked only after a hearing of which the licensee shall have notice and an opportunity to appear, but the license may be summarily suspended by the administrator pending the hearing. Any person required pursuant to this section to secure a license who, without such license or whose license shall have been revoked, or during any period of suspension thereof, knowingly engages in carrying on the business of dealing in fuel, shall be guilty of a misdemeanor punishable as provided in section thirteen of this act. § 10. Cooperation of other officers and departments, and of persons.With the approval of the governor, the fuel administrator, in carrying out the provisions of this act, may utilize any department or agency of government, state or local, and it is hereby made the duty of all state and local officers and employees and of all other persons to obey any order directed to them for any such purpose. § 11. Appropriation; revolving fund.-For the purpose of carrying out the provisions of this act, there is hereby appropriated the sum of ten million dollars ($10,000,000), or so much thereof as may be needed. All receipts of the state fuel administrator on account of fuel purchased and sold under subdivision three of section three of this act shall be paid over to the state treasurer and shall constitute a special revolving fund for the discharge of any liability which he is authorized to incur under such subdivision. No obligation shall be incurred by the state fuel administrator under subdivision three of section three of this act in excess of the amount available therefor either from money appropriated by this act or from the balance to the credit of such special revolving fund. For the purpose of paying for fuel purchased by the state fuel administrator under subdivision three of section three of this act, the treasurer on the warrant of the comptroller, shall advance moneys to him, from time to time, on his requisition, either from moneys appropriated by this act or from the special revolving fund established by this act. Section thirty-seven of the state finance law shall not apply to the moneys paid into such revolving fund, but when the office of state fuel administrator shall cease to exist, the state treasurer shall pay into the state treasury to the credit of the general fund, the balance of such revolving fund remaining unexpended. On or before the fifth day of each and every month the state fuel administrator shall make a verified and detailed report to the comptroller and the governor of his L. 1922, ch. 673. Violations of act. §§ 12-15. receipts and disbursements during the preceding month. The report to the comptroller shall be accompanied by the proper vouchers. § 12. Reports to governor.-The state fuel administrator shall, when requested by the governor, report to him as to his proceedings under this act. § 13. Violations of act, rule or order.-Rules made by the state fuel administrator under this act shall have the force and effect of law. A violation of any of the provisions of this act, or of any rule or order duly made by the state fuel administrator, shall be a misdemeanor and shall be punishable by a fine of not less than one hundred dollars or more than one thousand dollars or by imprisonment for not more than one year or by both; if the violation be by a corporation or association, it shall be subject to such fine, and any officer of such corporation participating in such violation shall be subject to punishment as an individual by such fine and imprisonment. A violation of any provision of this act or of any rule or order of the state fuel administrator by any person who had prior to such violation been convicted of a misdemeanor under this act shall constitute a felony. The remedy provided by this section shall not be exclusive, and if a rule or order be not obeyed the administrator, by the exercise of any power conferred by this act or by the use of any forces at his command, may carry out its provisions. § 14. Effect of suspension of operation of public schools.-If the public schools throughout the state or in any locality be suspended for a stated period upon the order of the state fuel administrator, or, by reason of the shortage of fuel, be so suspended, while the office of state fuel administrator is in existence, by the commissioner of education or by the local school authorities with his consent, such period of suspension shall not affect the distribution of public school funds, or the salaries or rights of teachers, or of municipal or state employees. § 15. Purchase of fuel by municipal corporations and school districts.While the office of the state fuel administrator is in existence, notwithstanding the provisions of any statute, general or special, requiring that the purchase of coal or other fuel by a county, city, town, village or school district, for municipal or school district purposes, be by contract after advertisement and bids or otherwise, the governing body of the municipal corporation or the board of education or board of trustees of the school district, as the case may be, may determine whether such a purchase shall be made in the open market or made by contract, with or without advertisement or bids. While the office of state fuel administrator is in existence, any city as to which provision is not made by charter or by general or special act for the issuance and sale of city obligations to provide moneys for the immediate payment for fuel for city purposes may borrow the §§ 16-21. Definitions. L. 1922, ch. 673. moneys necessary for such purpose by the issuance and sale of its certificates of indebtedness, to be paid, with interest, out of taxes raised by the next or second ensuing city tax levy. In any city which issues special revenue bonds, such bonds may be issued by the city for the purpose above specified, while the office of state fuel administrator is in existence, and the same shall be issued and be payable in the manner provided by the city charter or other act applicable thereto. § 16. Prevention of waste of electricity in cities and villages.-For a stated period, not beyond the termination of the office of state fuel administrator, any city or village by ordinance or resolution of its governing body, may suspend the operation of electric signs or electric advertising displays, or may reduce street lighting. § 17. Partial invalidity.-If any clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which such judgment shall have been rendered. § 18. Inconsistent statutory powers or duties.-If a statute, general or special, or an ordinance confers a power, prescribes a duty or imposes a restriction, inconsistent with this act, or with a rule or order of the administrator made pursuant to this act, such power shall not be exercised, or such duty or restriction enforced during the continuance of the office of fuel administrator. § 19. Obligations of advisory coal commission.-The financial obligations heretofore incurred by the advisory coal commission designated by the governor upon approval by the administrator, shall be deemed just and lawful obligations of the state, and be payable from the appropriation made for the purposes of this act, on the certificate of the administrator. § 20. Definitions.-As used in this act: 1. The term "fuel" includes coal, coke, charcoal, firewood, fuel oil and manufactured fuel products, but shall not include gas or electricity. 2. The term "person" includes individuals, partnerships, associations and corporations. 3. The term "administrator" means the state fuel administrator. § 21. Time of taking effect. This act shall take effect immediately. FUNDS OF STATE. See State Finance Law. Number and designation; Conservation L., § 165. Powers; Id., § 169. Records and reports; Id., § 170. GARAGES. Licensing: Village L., § 91, subd. 1. GARBAGE. Collection in towns; Town L., § 320. Placing on highways; Penal L., § 1434. GAS. By-product; Public Service Commission L., § 408, subd. 15. GAS CORPORATIONS. Powers, natural gas corporations; Transportation Corporations L., § 61. Service charges prohibited; Public Service Commission L., § 480, subd. 6. Charge for gas in cities of one million or more; Id., § 67-a. GENERAL ASSOCIATIONS LAW. (Formerly Joint-Stock Association Law, vol. 4, p. 4142, with title changed by L 1920, ch. 915, in effect Apr. 15, 1921.) § 4. Certificate to be filed within sixty days and annually thereafter; penalty; evidence.-Every joint-stock association transacting business within this state shall, within sixty days after its formation, and in each January thereafter, file with the secretary of state, and file and record with the clerk of the county in which its principal business is carried on, a written certificate, signed and verified by its president and treasurer, stating the name and date of organization of such association, the number of its stockholders, the names and places of residence of its officers, and its principal place of business. Any such certificate, the record thereof, or a certified copy of such certificate or record shall be presumptive evidence of the truth of all facts therein stated against such association, its officers and |