to any facilities for exchange of duplicates, interlibrary loans, or other privileges properly accorded to a branch.

(For report of State library, see § 25.)

§ 22. State museum, how constituted: All scientific specimens and collections, works of art, objects of historic interest, and similar property appropriate to a general museum, if owned by the State and not placed in other custody by a specific law, shall constitute the State museum, and one of its officers shall annually inspect all such property not kept in the State museum rooms, and the annual report of the museum to the legislature shall include summaries of such property, with its location, and any needed recommendations as to its safety or usefulness. Unless otherwise provided by law, the State museum shall include the work of the State geologist and paleontologist, the State botanist, and the State entomologist, who, with their assistants, shall be included in the scientific staff of the State museum. (As amended by laws of 1896, ch. 493, § 1; § 2 is not general, but refers solely to present State geologist.)

(For general control of museum see § 10 and note. Location of museum, scientific staff, etc., L. 1883, ch. 355; L. 1845, ch. 179, § 2, reads:

§ 2. The executive committee of the New York State Agricultural Society may have the free use of said cabinets of natural history and all the specimens therein deposited, at any and all times, for such purpose as such committee shall desire, subject to the direction and regulations of the regents of the university: Provided, That such committee shall not remove said cabinets or any of the specimens therein deposited from the rooms in which they shall be deposited by the regents of the university.

See also by-laws 19-20, pp. 485-86, museum exchanges and duplicate specimens.) $23. Collections made by the staff: Any scientific collection made by a member of the museum staff during his term of office shall, unless otherwise authorized by resolution of the regents, belong to the State and form part of the State museum. § 24. Institutions in the university: The institutions of the university shall include all institutions of higher education which are now or may hereafter be incorporated in this State, and such other libraries, museums, or other institutions for higher education as may, in conformity with the ordinances of the regents, after official inspection, be admitted to or incorporated by the university. The regents may exclude from such membership any institution failing to comply with law or with any ordinance or rule of the university.

(See also Consolidated School Law, 1894, tit. 8, § 26, p. 425, on academic departments of union schools; tit. 13, § 7, on libraries, p. 435; and ordinances 1-3, pp. 465-66, on incorporation and admission; 8-9, pp. 467-68, on limited charters and stock or business corporations: 13-14, pp. 468-69, on academies and grading; 22, p. 471, on delinquent and dormant institutions; 23, p. 471, on special requirements in English.)

§ 25. Visitation and reports: The regents or their committees or officers shall visit, examine into, and inspect the condition and operations of every institution and department in the university, and require of each an annual report verified by oath of its presiding officer, and giving information concerning trustees, faculty, students, instruction, equipment, methods, and operations, with such other information and in such form as may be prescribed by the regents, who shall annually report to the legislature the condition of the university and of each of its institutions and departments, with any further information or recommendations which they shall deem it desirable to submit; and such parts of their report as they shall deem necessary for use in advance of the annual volume may be printed by the State printer as bulletins. For refusal or continued neglect on the part of any institution in the university to make the report required by this section, or for violation of any law, the regents may suspend the charter or any of the rights and privileges of such institution.

(Academic departments of union free schools are subject to the visitation and control of regents as to their educational work, Consolidated School Law, 1894, tit. 8, § 26-27, pp. 425-26. This section supersedes provision as to visitation in L. 1882, ch. 367, § 27.

See also § 41, p. 417, and ordinances 19-22, pp. 470-71, on reports; by-law 25, p. 486, requiring annual inspection.)

§ 26. Apportionment of State money: The treasurer shall pay annually, on warrant of the comptroller, $12,000 from the income of the literature fund, $34,000 from the income of the United States deposit fund, and $60,000 from the general fund, according to an apportionment to be made for the benefit of the academies of the university by the regents, in accordance with their rules and authenticated by their seal, provided that the said $60,000 from the general fund shall be used only for academic departments of union schools, and that no academy shall share in such apportionment unless the regents shall be satisfied by personal inspection by one of their officers, the necessary expenses of which inspection may be paid out of said money, that it has suitable provision for buildings, furniture, apparatus, library, and collections, and has complied with all their requirements, and provided that books, apparatus, scientific collections, or other educational equipment furnished by the State or bought with money apportioned from State funds shall be subject to return to the regents whenever the charter of the school shall be revoked or it shall discontinue its educational operations.

(Capital of literature and United States deposit funds must be kept inviolate; revenue of the literature fund must be applied to support of academies; no State funds to be paid to any institution of learning "wholly or in part under the control or direction of any religious denomination or in which any denominational tenet or doctrine is taught,' Constitution, art. 9, § 3-4, p. 401; L. 1873, ch. 642, § 7. Literature fund, and how invested, R. S., pt. 1, ch. 9, tit. 3, § 1-2. L. 1895, ch. 341, provides for an additional $100 to each school of academic grade and for increasing the fund each year to keep pace with growth in number of schools and students. This now requires over $250,000 annually. Establishment and regulation of academic departments of union schools, Consolidated school law, 1894, ch. 556, tit. 8, § 15, subg 10; tit. 8, §§ 26-27, 35, pp. 425-427. Other details as to such expenditures, laws of 1873, ch. 642.

See also laws of 1895, ch. 341, § 2, p. 427, and ordinances 30-41, pp. 472-475, regulating grants of money by regents.)

27. Charters: The regents may, by an instrument under their seal and recorded in their office, incorporate any university, college, academy, library, museum, or other institution or association for the promotion of science, literature, art, history, or other department of knowledge, under such name, with such number of trustees or other managers, and with such powers, privileges, and duties, and subject to such limitations and restrictions in all respects as the regents may prescribe in conformity to law. (As amended by laws of 1895, ch. 859, § 2.)

(See also Constitution, art. 8, § 1, p. 421; Membership corporations law, 1895, ch. 559, § 30, p. 421, which repeals all powers to incorporate scientific, literary, and similar institutions or associations except by the regents under this section; and ordinances 1-2, p. 465, on charters; 8, p. 467; 10, p. 468; 24, p. 471, withholding charters after vote; 55, p. 478, limitation on granting degrees.

An academy incorporated for the promotion of literature and authorized to educate males and females, may establish separate departments for each, and, under laws of 1840, ch. 318, and laws of 1841, ch. 261, take and hold real estate in trust, to be used for the benefit of either department. Adams v. Perry, N. Y. 43: 487.) $28. Provisional charters: On evidence satisfactory to the regents that the conditions for an absolute charter will be met within a prescribed time, they may grant a provisional charter which shall be replaced by an absolute charter when the conditions have been fully met; otherwise, after the specified time, on notice

from the regents to this effect, the provisional charter shall terminate and become void and shall be surrendered to the regents. No such provisional charter shall give power to confer degrees.

(Ordinance 32, p. 473, forbids grants from academic fund.)

§ 29. Change of name of charter: The regents may, at any time, for sufficient cause, by an instrument under their seal and recorded in their office, change the name, or alter, suspend, or revoke the charter or incorporation of any institution which they might incorporate under § 27, if subject to their visitation or chartered or incorporated by the regents or under a general law; provided, that, unless on unanimous request of the trustees of the institution, no name shall be changed and no charter shall be altered, nor shall any rights or privileges thereunder be suspended or repealed by the regents till they have mailed to the usual address of every trustee of the institution concerned at least 30 days' notice of a hearing, when any objections to the proposed change will be considered, and till ordered by vote at a meeting of the regents for which the notices have specified that action is to be taken on the proposed change. (As amended by laws of 1895, ch. 859, § 3.)

(For change of name by court see Code of Civil Procedure, §§ 2411-2418.) § 30. Dissolution and rechartering: Under like restrictions the regents may dissolve any such educational corporation, whether with or without a capital stock, and whether incorporated by the regents or under a general or by a special law, and make such disposition of the property of such corporation remaining after payment of its debts and liabilities as the regents shall deem just and equitable and best promoting public interests. The regents may also, after a similar hearing, issue to any such educational corporation a new charter which shall take the place in all respects of that under which it has been operating.

(Procedure for dissolution of incorporated academies having capital stock, L. 1889, ch. 25, pp. 423-425. Certain educational corporations excepted from code provisions for dissolution, Code of Civil Procedure, §§ 1804, 2431.)

§ 31. Suspension of operations: If any institution in the university shall discontinue its educational operations without cause satisfactory to the regents, it shall surrender its charter to them, subject, however, to restoration whenever arrangements satisfactory to the regents are made for resuming its work.

(See also ordinances 11, p. 468, on suspension because of leasing without written approval of regents; 19, p. 470, on reports; 22, p. 471, on delinquents.)

§ 32. Conditions of incorporation: No institution shall be given power to confer degrees in this State unless it shall have resources of at least $500,000; and no institution for higher education shall be incorporated without suitable provision, approved by the regents, for buildings, furniture, educational equipment, and proper maintenance. No institution shall institute or have any faculty or department of higher education in any place or be given power to confer any degree not specifically authorized by its charter; and no institution of higher education shall be incorporated under the provisions of any general act authorizing the formation of a corporation without grant of a special charter on individual application, and no corporation shall, under authority of any general act, extend its business to include establishing or carrying on any such institutions.

(See also ordinances 2, p. 465, on incorporation; 55, p. 478, limiting degree-conferring powers.)

§ 33. Prohibitions: No individual, association, or corporation not holding university or college degree-conferring powers by special charter from the legislature of this State or from the regents, shall confer any degrees, nor after January 1, 1893, shall transact business under, or in any way assume the name university or college, till it shall have received from the regents, under their seal, written permission to use such name, and no such permission shall be granted by the regents, except on favorable report after personal inspection of the institution by an officer of the university. No person shall buy, sell, or fraudulently or illegally make or alter,

give, issue, or obtain any diploma, certificate, or other instrument purporting to confer any literary, scientific, professional, or other degree, or to constitute any license, or to certify to the completion in whole or in part of any course of study in any university, college, academy, or other educational institution. No diploma or degree shall be conferred in this State except by a regularly organized institution of learning registered by the regents as not violating any requirement of law or of the university ordinances, nor shall any person with intent to deceive, falsely represent himself to have received any such degree or credential, nor shall any person append to his name any letters in the same form registered by the regents as entitled to the protection accorded to university degrees, unless he shall have received from a duly authorized institution the degree for which the letters are registered. Counterfeiting, or falsely or without authority making or altering in a material respect, any such credential issued under seal shall be a felony, and personating another by attempting to take an examination in his name or procuring any person thus falsely to personate another, or otherwise attempting to secure the record of having passed such examination in violation of the university ordinances, or any other violation of this section shall be a misdemeanor; and any person who aids or abets another, or advertises or offers himself to violate the provisions of this section, shall be liable to the same penalties. (As amended by laws of 1895, ch. 859, § 4.)

(See also ordinances 5-6, pp. 466-467, defining the word "college; " 21, p. 471, on violations of the university law; 52, p. 477, all credentials subject to cancellation for cause; 58, p. 478, for list of degrees protected by this section.)

§ 34. Powers of trustees of institutions in the university: The trustees of every corporation created for educational purposes and subject to visitation by the regents, unless otherwise provided by law or by its charter, may—

1. Number and quorum: Fix the number of trustees which shall not exceed 25, nor be less than five. If any institution has more than five trustees, the body that elects, by a two-thirds vote after notice of the proposed action in the call for a meeting, may reduce the number to not less than five by abolishing the office of any trustee which is vacant and filing in the regents' office a certified copy of the action. A majority of the whole number shall be a quorum.

2. Executive committee: Elect an executive committee of not less than seven, who, in intervals between meetings of the trustees, may transact such business of the corporation as the trustees may authorize, except to grant degrees or to make removals from office.

3. Meetings and seniority: Meet on their own adjournment or when required by their by-laws, and as often as they shall be summoned by their chairman, or in his absence by the senior trustee, on written request of three trustees. Seniority shall be according to the order in which the trustees are named in the charter or subsequently elected. Notice of the time and place of every meeting shall be mailed not less than five nor more than 10 days before the meeting to the usual address of every trustee.

4. Vacancies and elections: Fill any vacancy occurring in the office of any trustee by electing another for the unexpired term. The office of any trustee shall become vacant on his death, resignation, refusal to act, removal from office, expiration of his term, or any other cause specified in the charter. If any trustee shall fail to attend three consecutive meetings without written excuse accepted as satisfactory by the trustees not later than the third consecutive meeting from which he has been absent, he shall be deemed to have resigned, and the vacancy shall be filled. Any vacancy in the office of trustee continuing for more than one year, or any vacancy reducing the number of trustees to less than two-thirds of the full number may be filled by the regents. No person shall be ineligible as a trustee by reason of sex.

(Salaried officers, other than executive or financial, ineligible as trustees, see ordinance 16, p. 470.)

5. Property holding: Take and hold by gift, grant, devise, or bequest in their own right or in trust for any purpose comprised in the objects of the corporation, such additional real and personal property beyond such as shall be authorized by their charter or by special or general statue, as the regents shall authorize within one year after the delivery of the instrument or probate of the will, giving, granting, devising, or bequeathing such property and such authority given by the regents shall make any such gift, grant, devise, or bequest operative and valid in law.

(Enlargement of limitations upon amount of property that membership educational corporations may hold, general corporation law, 1892, § 12, p. 422; laws of 1889, ch. 191. As to property holding generally, see general corporation law, 1892, § 10-14.)

6. Control of property: Buy, sell, mortgage, let, and otherwise use and dispose of its property as they shall deem for the best interests of the institution; and also to lend or deposit, or to receive as a gift, or on loan or deposit, literary, scientific, or other articles, collections, or property pertaining to their work; and such gifts, loans, or deposits may be made to or with the university or any of its institutions by any person, or by legal vote of any board of trustees, corporation, association, or school district, and any such transfer of property, if approved by the regents, shall, during its continuance, transfer responsibility therefor to the institution receiving it, which shall also be entitled to receive any money, books, or other property from the State or other sources to which said corporation, association, or district would have been entitled but for such transfer.

(Incorporated college may maintain waterworks system, L. 1895, ch. 630.)

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.

(See also ordinances 16-18.)

8. Removals and suspensions: Remove or suspend from office by vote of a majority of the entire board any trustee, officer, or employee engaged under special contract, on examination and due proof of the truth of a written complaint by any trustee, of misconduct, incapacity, or neglect of duty; provided that at least one week's previous notice of the proposed action shall have been given to the accused and to each trustee.

9. Degrees and credentials: Grant such degrees and honors as are specifically authorized by their charter, and in testimony thereof give suitable certificates and diplomas under their seal; and every certificate and diploma so granted shall entitle the conferee to all privileges and immunities, which by usage or statute are allowed for similar diplomas of corresponding grade granted by any institution of learning.

(See also ordinances 54-58, 60, 61, 63.)

10. Rules: Make all by-laws, ordinances, and rules necessary and proper for the purpose of the institution and not inconsistent with law or any ordinance or rule of the university; but no ordinance or rule by which more than a majority vote shall be required for any specified action by the trustees shall be amended, suspended, or repealed by a smaller vote than that required for action thereunder. (Power to make by-laws, general corporation law, 1892, § 11, 29.)

$35. Public and free libraries and museums: All provisions of sections 35 to 51 shall apply equally to libraries, museums, and to combined libraries and museums, and the word library shall be construed to include reference and circulating libraries and reading rooms.

(See also general municipal law, 1892, § 24, as amended by laws of 1896, ch. 576.