departments, and shall give an undertaking, to be approved by and filed with the State comptroller, in the sum of $10,000 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.

(Form, time and place of filing, and effect of failure to file official oath, see public officers' law, 1892, §§ 10, 13, 15, 20.

See also by-law 9, p. 483, for duties as executive officer.)

§ 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 10 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 § 4.

(Ordinance 69, p. 481, fixes the annual meeting on the third Thursday of December.)

§ 7. 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.

(See also by-law 3, p. 482, for powers of executive committee.)

§ 8. 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.

(Code of civil procedure, §§ 843, 854-59, in connection with this section, authorizes regents or any committee thereof to issue subpenas, administer oaths, and compel attendance of witnesses.).

§ 9. 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 by-law, 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 religious, 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 laws of 1895, ch. 577.]

(See also by-law 29, p. 487, for method of amending or repealing.)

§ 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 exclusive control of the regents, who shall have all powers of trustees thereof, including authority to appoint all needed officers and employees; 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.

(For administration of State museum, see § 22, p. 499. This section supersedes the clause of laws of 1873, ch. 643, which placed hall of museum in joint charge of regents and State agricultural society.

See also by-law 2, p. 481, on departments and committees.)

§ 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 satisfactorily meet the requirements prescribed.

(See also by-laws 26-28, pp. 486-87; ordinances 46-66, pp. 476-80.)

§ 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 by the regents on students who satisfactorily pass such examinations.

§ 13. Admission and fees: Any person shall be admitted to these examinations who shall conform to the rules and pay the fees prescribed by the regents, and said fees shall not exceed one dollar for each academic branch, or five dollars for each higher branch in which the candidate is examined; and all fees received may be used by the regents for expenses of examinations.

(See also ordinance 49, p. 476, for rules about admission.)

§ 14. Extension of educational facilities: The regents may cooperate with other agencies in bringing within the reach of the people at large increased educational opportunities and facilities by stimulating interest, recommending methods, designating suitable teachers and lecturers, lending necessary books and apparatus, conducting examinations, and granting credentials and otherwise aiding such work. No money appropriated by the State for this work shall be expended in paying for services or expenses of teachers or lecturers.

§ 15. State library, how constituted: All books, pamphlets, manuscripts, records, archives, and maps, and all other property appropriate to a general library, if owned by the State and not placed in other custody by law, shall be in charge of the regents and constitute the State library.

§ 16. Manuscripts and records on file': Manuscript or printed papers of the legislature, usually termed on file,' and which shall have been on file more than five years in custody of the senate and assembly clerks, and all public records of the State not placed in other custody by a specific law, shall be part of the State library, and shall be kept in rooms assigned and suitably arranged for that purpose by the trustees of the capitol. The regents shall cause such papers and records to be so classified and arranged that they can be easily found. No paper or record shall be removed from such files except on a resolution of the senate and assembly withdrawing them for a temporary purpose, and, in case of such removal, a description of the paper or record and the name of the person removing the same shall be entered in a book provided for that purpose, with the date of its delivery and return.

17. Use: The State library shall be kept open not less than eight hours every week day in the year, and members of the legislature, judges of the court of appeals, justices of the supreme court, and heads of State departments may borrow from the library books for use in Albany, but shall be subject to such restrictions and penalties as may be prescribed by the regents for the safety or greater usefulness of the library. Others shall be entitled to use or borrow books from the library only on such conditions as the regents shall prescribe.

(Laws of 1891, ch. 377, § 1, makes the first appropriation for the State medical library and § 2 embodies the conditions of the gift by the Albany Medical College of its library, as follows:

§ 2. The said medical library shall be a part of the New York State library under the same government and regulations, and shall be open for consultation to every citizen of the State at all hours when the State law library is open, and shall be available for borrowing books to every accredited physician residing in the State of New York who shall conform to the rules made by the regents for insuring proper protection and the largest usefulness to the people of the said medical library.)

§ 18. Book appropriation: The treasurer shall pay annually to the regents, on warrant of the comptroller, $15,000 for books, serials, and binding for the State library.

§ 19. Duplicate department: The regents shall have charge of the preparation, publication, and distribution, whether by sale, exchange, or gift, of the colonial history, natural history, and all other State publications not otherwise assigned by law. To guard against waste or destruction of State publications, and to provide for completion of sets to be permanently preserved in American and foreign libraries, the regents shall maintain a duplicate department to which each State department, bureau, board, or commission shall send not less than five copies of each of its publications when issued, and, after completing its distribution, any remaining copies which it no longer requires. The above, with any other publications not needed in the State library, shall be the duplicate department, and rules for sale, exchange, or distribution from it shall be fixed by the regents, who shall use all receipts from such exchanges or sales for expenses and for increasing the State library. The State printer shall furnish to this duplicate department, immediately after its printing, as many copies of each publication printed at State expense as the regents shall certify to be necessary to enable them to supply one copy to each library which shall conform to the rules established by the regents as to preservation and making available for public reference, and shall be registered by the regents as properly entitled to such publication. In case the officer to whom the edition of any publication is to be delivered shall notify the State printers in writing, and before printing, that the edition provided will be insufficient for his use if the library copies are deducted, there shall be printed as many extra copies as he shall require not exceeding the number delivered for library use. (As amended by laws of 1895, ch. 859, § 1.)

(Legislative law, 1892, § 46-47, provides 230 copies of journals and documents for incorporated colleges and universities in New York and for literary and scientific exchanges made by the regents, and two copies of journals, documents, and bills for State library.

See also by-law 16, p. 485.)

§ 20. Transfers from State officers: The librarian of any library owned by the State, or the officer in charge of any State department, bureau, board, commission, or other office, may, with the approval of the regents, transfer to the permanent custody of the State library or museum any books, papers, maps, manuscripts, specimens, or other articles which, because of being duplicates or for other reasons, will, in his judgment, be more useful to the State in the State library or museum than if retained in his keeping.

§ 21. Other libraries owned by the State: The report of the State library to the legislature shall include a statement of the total number of volumes or pamphlets, the number added during the year, with a summary of operations and conditions, and any needed recommendation for safety or usefulness for each of the other libraries owned by the State, the custodian of which shall furnish such information or facilities for inspection as the regents may require for making this report. Each of these libraries shall be under the sole control now provided by law, but for the annual report of the total number of books owned by or bought each year by the State, it shall be considered as a branch of the State library and shall be entitled

(For administration of State museum, see § 22, p. 499. This section supersedes the clause of laws of 1873, ch. 643, which placed hall of museum in joint charge of regents and State agricultural society.

See also by-law 2, p. 481, on departments and committees.)

§ 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 satisfactorily meet the requirements prescribed.

(See also by-laws 26-28, pp. 486-87; ordinances 46-66, pp. 476–80.)

§ 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 by the regents on students who satisfactorily pass such examinations.

§ 13. Admission and fees: Any person shall be admitted to these examinations who shall conform to the rules and pay the fees prescribed by the regents, and said fees shall not exceed one dollar for each academic branch, or five dollars for each higher branch in which the candidate is examined; and all fees received may be used by the regents for expenses of examinations.

(See also ordinance 49, p. 476, for rules about admission.)

§ 14. Extension of educational facilities: The regents may cooperate with other agencies in bringing within the reach of the people at large increased educational opportunities and facilities by stimulating interest, recommending methods, designating suitable teachers and lecturers, lending necessary books and apparatus, conducting examinations, and granting credentials and otherwise aiding such work. No money appropriated by the State for this work shall be expended in paying for services or expenses of teachers or lecturers.

§ 15. State library, how constituted: All books, pamphlets, manuscripts, records, archives, and maps, and all other property appropriate to a general library, if owned by the State and not placed in other custody by law, shall be in charge of the regents and constitute the State library.

§ 16. Manuscripts and records on file': Manuscript or printed papers of the legislature, usually termed on file,' and which shall have been on file more than five years in custody of the senate and assembly clerks, and all public records of the State not placed in other custody by a specific law, shall be part of the State library, and shall be kept in rooms assigned and suitably arranged for that purpose by the trustees of the capitol. The regents shall cause such papers and records to be so classified and arranged that they can be easily found. No paper or record shall be removed from such files except on a resolution of the senate and assembly withdrawing them for a temporary purpose, and, in case of such removal, a description of the paper or record and the name of the person removing the same shall be entered in a book provided for that purpose, with the date of its delivery and return.

17. Use: The State library shall be kept open not less than eight hours every week day in the year, and members of the legislature, judges of the court of appeals, justices of the supreme court, and heads of State departments may borrow from the library books for use in Albany, but shall be subject to such restrictions and penalties as may be prescribed by the regents for the safety or greater usefulness of the library. Others shall be entitled to use or borrow books from the library only on such conditions as the regents shall prescribe.

(Laws of 1891, ch. 377, § 1, makes the first appropriation for the State medical library and § 2 embodies the conditions of the gift by the Albany Medical College of its library, as follows:

§ 2. The said medical library shall be a part of the New York State library under the same government and regulations, and shall be open for consultation to every citizen of the State at all hours when the State law library is open, and shall be available for borrowing books to every accredited physician residing in the State of New York who shall conform to the rules made by the regents for insuring proper protection and the largest usefulness to the people of the said medical library.)

§ 18. Book appropriation: The treasurer shall pay annually to the regents, on warrant of the comptroller, $15,000 for books, serials, and binding for the State library.

§ 19. Duplicate department: The regents shall have charge of the preparation, publication, and distribution, whether by sale, exchange, or gift, of the colonial history, natural history, and all other State publications not otherwise assigned by law. To guard against waste or destruction of State publications, and to provide for completion of sets to be permanently preserved in American and foreign libraries, the regents shall maintain a duplicate department to which each State department, bureau, board, or commission shall send not less than five copies of each of its publications when issued, and, after completing its distribution, any remaining copies which it no longer requires. The above, with any other publications not needed in the State library, shall be the duplicate department, and rules for sale, exchange, or distribution from it shall be fixed by the regents, who shall use all receipts from such exchanges or sales for expenses and for increasing the State library. The State printer shall furnish to this duplicate department, immediately after its printing, as many copies of each publication printed at State expense as the regents shall certify to be necessary to enable them to supply one copy to each library which shall conform to the rules established by the regents as to preservation and making available for public reference, and shall be registered by the regents as properly entitled to such publication. In case the officer to whom the edition of any publication is to be delivered shall notify the State printers in writing, and before printing, that the edition provided will be insufficient for his use if the library copies are deducted, there shall be printed as many extra copies as he shall require not exceeding the number delivered for library use. (As amended by laws of 1895, ch. 859, § 1.)

(Legislative law, 1892, § 46-47, provides 230 copies of journals and documents for incorporated colleges and universities in New York and for literary and scientific exchanges made by the regents, and two copies of journals, documents, and bills for State library.

See also by-law 16, p. 485.)

§ 20. Transfers from State officers: The librarian of any library owned by the State, or the officer in charge of any State department, bureau, board, commission, or other office, may, with the approval of the regents, transfer to the permanent custody of the State library or museum any books, papers, maps, manuscripts, specimens, or other articles which, because of being duplicates or for other reasons, will, in his judgment, be more useful to the State in the State library or museum than if retained in his keeping.

21. Other libraries owned by the State: The report of the State library to the legislature shall include a statement of the total number of volumes or pamphlets, the number added during the year, with a summary of operations and conditions, and any needed recommendation for safety or usefulness for each of the other libraries owned by the State, the custodian of which shall furnish such information or facilities for inspection as the regents may require for making this report. Each of these libraries shall be under the sole control now provided by law, but for the annual report of the total number of books owned by or bought each year by the State, it shall be considered as a branch of the State library and shall be entitled