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CHAP. 518.

surgeons.

Not to

unless

one years of age.

and surgeons.

Oath,

Physicians AN ACT entitled “An act to regulate the licensing of physi

cians and surgeons.”

PASSED May 29, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. A person shall not practice physic or surgery within the practice

State unless he is twenty-one years of age, and either has been heretotwenty- fore authorized so to do, pursuant to the laws in force at the time of

his authorization, or is hereafter authorized so to do as prescribed by chapter seven hundred and forty-six of the laws of eighteen hundred and seventy-two, or by subsequent sections of this act.

8 2. Every person now lawfully engaged in the practice of physic and surgery within the State shall, on or before the first day of October, eighteen hundred and eighty, and every person hereafter duly author

ized to practice physic and surgery shall, before commencing to pracRegistra- tice, register in the clerk's office of the county where he is practicing. physicians or intends to commence the practice of physic and surgery, in a book

to be kept by said clerk, his name, residence and place of birth, together with his authority for so practicing physic and surgery as prescribed in this act. The person so registering shall subscribe and verify by oath or affirmation, before a person duly qualified to administer oaths under the laws of the State, an affidavit containing such facts, and whether such authority is by diploma or license, and the date of the same and by whom granted, which if willfully false, shall subject the affiant to conviction and punishment for perjury. The county clerk to receive a fee of twenty-five cents for such registration, to be

paid by the person so registering. Penalties $ 3. A person who violates either of the two preceding sections of

this act, or who shall practice physic or surgery under cover of a diploma illegally obtained, shall be deemed to be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than fifty Jollars nor more than two hundred dollars for the first offense, and for each subsequent offense by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment for not less than thirty days nor more than ninety days, or both. The fine when col. lected shall be paid, the one-half to the person or corporation making

the complaint, the other half into the county treasury. Physicians $ 4. A person coming to the State from without the State may be coming

licensed to practice physic and surgery, or either, within the State, in the following manner: If he has a diploma conferring upon him the degree of doctor of medicine, issued by an incorporated university, medical college, or medical school without the State, he shall exhibit the same to the faculty of some incorporated medical college or medical school of this State, with satisfactory evidence of his good moral character, and such other evidence, if any, of his qualifications as a physician or surgeon, as said faculty may require. If his diploma and qualifications are approved by them, then they shall indorse said diplomu, which shall make it for the purpose of his license to practice medicine and surgery within this state the same as if issued by them. The applicant shall pay to the dean of said faculty the sum of twenty dollars for such examination and indorsement. This indorsed diploma shall

for violation.

from other states

doctor of

authorize him to practice physic and surgery within the State upon his complying with the provisions of section two of this act.

§ 5. The degree of doctor of medicine lawfully conferred by any in- Degree of corporated medical college or university in this State shall be a license Medicine. to practice physic and surgery within the State after the person to whom it is granted shall have complied with section two of this act.

$ 6. Nothing in this act shall apply to commissioned medical officers who are of the United States army or navy, or of the United States marine exempt. hospital service. Nor shall it apply to any person who has practiced medicine and surgery for ten years last past, and who is now pursuing the study of medicine and surgery in any legally incorporated medical college within this State, and who shall graduate from and receive a diploma within two years from the passage of this act.

$. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

CHAP 514

ch. 15,

Distribu. tion of

AN ACT to amend section twenty-four of article one of title Regent of

one of chapter fifteen of part one of the Revised Statutes, versity. entitled “Of the organization and powers of the board of regents.”

PASSED May 29, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twenty-four of article one of title one of chap- Amending ter fifteen of part one of the Revised Statutes, entitled “Of the

part 1, organization and powers of the board of regents,” is hereby amended Rev. Štat. so as to read as follows:

§ 24. Every such distribution shall be made in proportion to the number of pupils in each seminary who for four months during the moneys to preceding year shall have pursued therein classical studies of the higher branches of English education or both. Provided that in institumaking such distribution the board of regents shall be authorized to apportion a certain part of said moneys, not to exceed the one-fourth part thereof, in proportion to the number of pupils in the several academies and academic departments of union schools who during the preceding year have passed the advanced examinations provided for in section six of chapter four hundred and twenty-five of the laws of eighteen hundred and seventy-seven, entitled “ An act in regard to the instruction of common school teachers in academies and union schools and to the establishing of examinations by the regents of the university as to attainments in learning."

Ante, vol. 1, p. 405.

educa. tional

tions.

.

CHAP 57.

United States deposit fund.

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Interest on mortgages held by commissioners.

1, Rev. Stat.

AN ACT to reduce and fix the rate of interest on bonds and

mortgages held by the commissioners of the United States
Deposit Fund in the several counties of the State ; and to
amend title fourteen of chapter nine of part one of the
Revised Statutes, entitled “Of the United States Deposit
Fund.”

Passed May 29, 1880; by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. The interest on all mortgages on

real estate held by the commissioners for loaning the United States Deposit Fund shall be from the first day of October, eighteen hundred and seventy-nine, sir dollars upon one hundred dollars for one year, and after that rate for

a greater or less sum, or for a longer or shorter time. Amending § 2. Section twenty, chapter nine, title fourteen, part one of the che, part Revised Statutes, entitled of the United States Deposit Fund,” is

hereby amended so as to read as follows:

$ 20. The said commissioners shall, on or before the first Tuesday pioners to of November in every year, pay to the treasurer of this state the inInterest to terest of the money committed to their charge, respectively, by virtue

of this act at the rate of six per centum per annum; subject, howerer, to the following deduction: The said commissioners may retain, as a compensation for their services, out of said interest in each and every year after the following rates: Upon twenty-five thousand dollars or å less sum, so committed to their charge, three-quarters of one per centum; upon the further sum of twenty-five thousand dollars, or less, half of one per centum ; and where the whole sum shall exceed

; fifty thousand dollars, half of one per centum, except in the city and county of New York; in which city and county the commissioners shall, upon all sums exceeding fifty thousand dollars, only be permitted to retain one-quarter of one per centum.

$ 3. This act shall take effect immediately. There is no title fourteen” in ch. 9, Part I, of the R. S. The provision in tended to be amended is evidently S 18 of ch. 150, L. 1837, for which see ante, vol. 3, pp. 76 and 82.

Commis

pay

treasurer. Deductions.

CHAP 52.

School districts.

AN ACT to amend section two of chapter four hundred and

five of the laws of eighteen hundred and seventy-nine, entitled “An act to amend sections two and ten of chapter two hundred and forty-eight of the laws of eighteen hundred and seventy-eight, entitled 'An act in relation to the election of officers in certain school districts.'»

Passed May 31, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of chapter four hundred and five of the of , we laws of eighteen hundred and seventy-nine, entitled " An act to amend amended. sections two and ten of chapter two hundred and forty-eight of the

laws of eighteen hundred and seventy-eight, entitled 'An act in rela

Sec. 2, ch. 405, Laws

.

Act not to

districts.

tion to the election of officers in certain school districts,'” is hereby amended so as to read as follows:

§ 2. Section ten of said act is hereby amended so as to read as follows:

§ 10. This act shall not apply to cities nor to union free school dis- apply to tricts, whose boundaries correspond with those of an incorporated vil cities and lage, nor to any school district organized under a special act of the school 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 common school districts organized under the general law, Nor to nor to any of the school districts in the counties of Richmond, Suf- certain folk, Chenango, Westchester, Fulton and Queens, nor to union free school district number one of the towns of Potsdam and Norfolk, St. Lawrence county, nor to union school district number two in the town of Waterloo in the county of Seneca.

§ 2. This act shall take effect immediately. Ante, p. 787.

counties.

CHAP 59.

Code of

AN ACT to amend section thirteen hundred and twenty-three Covo Pro

of the Code of Civil Procedure.

cedure.

On reversal or modification of

,

com pel restitution

,

PASSED May 31, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section thirteen hundred and twenty-three of the Code of Civil Procedure is hereby amended so as to read as follows:

§ 1323. When a final judgment or order is reversed or modified, inal order upon appeal, the appellate court, or the general term of the same court, or judeas the case may be, may make or compel restitution of property, or of a court may right, lost by means of the erroneous judgment or order; but not so as to affect the title of a purchaser in good faith and for value. When of propproperty has been sold, the court may compel the value, or the purchase erty, etc. price, to be restored, or deposited to abide the event of the action, as justice requires. When the appeal is from a judgment in favor of the Right to owner of real estate, in an action to compel the specific performance sell real of a contract for the sale thereof, such owner shall have the same right case of to sell or dispose of the same as though no appeal had been taken;

appeal

unless unless the appellant shall file with the clerk of the court a written un- appellant

file under dertaking, in a sum fixed by the court, or a judge thereof, upon a no- taking. tice to the respondent of at least ten days, and to be approved by such court or judge, to the effect that the appellant will, in case the judge ment appealed from shall be affirmed, pay to such owner such damages as he may suffer by reason of such appeal, not exceeding the amount of the penalty in such undertaking. Such undertaking may be filed at any time during the appeal, but any sale of such real estate or contract to sell the same in good faith and for a valuable consideration, after said judgment and before the filing of such undertaking, shall be as valid as if such undertaking had not been filed. In case such un- be filed. dertaking shall not be filed, the respondent shall be entitled, at any time during such appeal, to an order discharging of record any notice of pendency of action filed in the action, and also canceling and discharging of record said contract, in case the same has been recorded.

When to

CHAP 5830.

void and

Actions for relief.

AN ACT to provide for the bringing of actions for relief in

certain cases where agreements, contracts and instruments in writing have been recorded.

PASSED May 31, 1880. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Action to SECTION 1. When any agreement, contract or instrument in writtain con- ing, relating to real estate, other than those required by law to be retracts corded, shall have been recorded, or shall be hereafter recorded in the declared

office of the clerk or register of any county in this State, any owner expunged of such real estate, or of an undivided part thereof, or of any interest

.

therein, who claims that agreement, contract or instrument in writing is invalid or void, or that the same cannot be enforced as against him, either in whole or in part, may bring and maintain, in any court of competent jurisdiction, an action for the purpose of having such agreement, contract or instrument in writing declared void, or invalid, or for the purpose of being relieved therefrom and to have the same canceled or discharged of record, as to said real estate or his undivided part thereof or interest therein, either wholly or as to such portion of such agreement, contract or instrument in writing as may be void or invalid, or which cannot be enforced as against him.

$ 2. This act shall take effect immediately.

CHAP 581.

Preservation of game.

district

AN ACT to amend chapter five hundred and thirty-four of

the laws of eighteen hundred and seventy-nine, entitled “ An act for the preservation of moose, wild deer, birds, fish and other game.

PASSED May 31, 1880; three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows :

8 6. Any action brought or prosecuted by any district attorney purattorneys. suant to the provisions of the act hereby amended, may be discon

tinued by such district attorney, and neither costs nor disbursements in such action shall be recovered by any defendant therein.

$%. No person shall take, catch or kill any California trout in any catch Call of the waters of this State, in any way or by any device, between the

fifteenth day of May and the first day of September. No person shall knowingly sell or purchase or have in possession any California trout killed, taken or caught in the waters of this State during the period

aforesaid. Any person violating the provisions of this section shall Penalty. be deemed guilty of a misdemeanor, and, in addition thereto, shall be

liable to a penalty of twenty-five dollars for each offense.

$ 8. The waters of Otsego lake are hereby excepted from the provisions of this act.

§ 9. This act shall take effect immediately. Sections 1 to 5 amend SS 23, 24, 26, 27 and 37, respectively, of ch. 534, L. 187% and that act is in this work printed as so amended. Ante, p. 820.

Not to

trout.

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