4. Each member of the faculty of the state college for teachers and of each of the faculties of the state normal and training schools shall receive an annual salary to be paid in ten equal payments except that the president of the state college for teachers, the principal's secretary and the stenographer or clerk shall each receive an annual salary to be paid in twelve equal payments. The first payment shall be made on the first day of October each year and one payment shall be made on the first day of each month up to and including the first day of July.

5. Each person now holding or hereafter appointed to a position under the foregoing classification of the faculty of the said state college for teachers shall receive the salary provided in the annual appropriation bill for such position, which salary shall be increased annually until the maximum salary as hereinafter provided for such position is reached. No new appointment shall be made at a salary greater than the minimum salary hereinafter provided for the respective position except that not more than two annual increments may be allowed in addition to such minimum salary for unusual training or equivalent experience in other teaching positions, but in no case shall the amount to be paid be in excess of the amount appropriated therefor. For the positions hereinafter named the minimum and maximum salaries and the annual increases shall be as follows:

a. President, minimum salary, six thousand dollars; maximum salary, seven thousand five hundred dollars; annual increase, two hundred and fifty dollars.

b. Dean, minimum salary, five thousand dollars; maximum salary, six thousand dollars; annual increase, two hundred and fifty dollars.

c. Director of training, minimum salary, four thousand dollars; maximum salary, five thousand five hundred dollars; annual increase, two hundred and fifty dollars.

d. Dean of women, minimum salary, three thousand dollars; maximum salary, four thousand dollars; annual increase, two hundred dollars.

e. Professor, minimum salary, four thousand dollars; maximum salary, five thousand dollars; annual increase, two hundred and fifty dollars.

f. Assistant professor, minimum salary, three thousand dollars; maximum salary, four thousand dollars; annual increase, two hundred fifty dollars.

g. Instructor, minimum salary, two thousand dollars; maximum salary, two thousand eight hundred dollars; annual increase, two hundred dollars.

h. Assistant instructor, minimum salary, one thousand five hundred dollars; maximum salary, one thousand eight hundred dollars; annual increase, one hundred dollars.

6. Each person now holding or hereafter appointed to a position under the foregoing classification of the faculty of the state normal and training schools shall receive the salary provided in the annual appropriation bill for such position, which salary shall

be increased annually as hereinafter provided. No new appointment shall be made at a greater salary than the minimum salary herein provided for the respective positions, except that not more than two annual increments may be allowed in addition to such minimum salary for unusual training or equivalent experience in other positions, but in no case shall the amount to be paid be in excess of the amount appropriated therefor. For the positions hereinafter named the minimum and maximum salaries and the annual increases shall be as follows:

a. Principal, minimum salary, five thousand five hundred dollars; maximum salary, six thousand dollars; annual increase, two hundred and fifty dollars. A deduction of five hundred dollars shall be made in the salary of a principal for whom the state provides a residence.

b. Director of training, minimum salary, four thousand dollars; maximum salary, five thousand dollars; annual increase, two hundred and fifty dollars.

c. Head of department, or supervisor, minimum salary, three thousand five hundred dollars; maximum salary, four thousand and five hundred dollars for not to exceed five positions in any one school, and not more than four thousand dollars for the others in such positions; annual increase, two hundred and fifty dollars.

d. Associate heads of departments, minimum salary, two thousand and eight hundred dollars; maximum salary, three thousand and six hundred dollars; annual increase, two hundred dollars.

e. Assistant in department, minimum salary, two thousand and two hundred dollars; maximum salary, two thousand eight hundred dollars; annual increase, two hundred dollars.

f. Teacher in charge of grade as critic or model teacher, minimum salary, two thousand two hundred dollars; maximum salary, two thousand eight hundred dollars; annual increase, two hundred dollars.

g. Principal's secretary, minimum salary, one thousand five hundred dollars; maximum salary, two thousand dollars; annual increase, one hundred dollars.

h. Stenographer or clerk, minimum salary, one thousand two hundred dollars; maximum salary, one thousand five hundred dollars; annual increase, one hundred dollars.

The foregoing classifications shall not apply to part-time teachers, extension teachers, teachers of evening classes or to teachers in summer sessions of the state college for teachers or of the state normal schools, nor shall it apply to teachers employed in high school departments of the state normal schools. No person employed under any of the foregoing classifications shall be entitled to the annual increase hereinbefore provided whose service is not meritorious.

7. The regents of the university shall determine the procedure by which a member of the faculty of one of the institutions herein specified who has reached the maximum salary in his classification may be promoted to the next higher grade on evidence of continued meritorious services; provided, however, that in the state college

for teachers the total number of professors shall not be increased beyond one such professor for each fifty full-time matriculated students; but nothing herein shall be construed to affect the number of such professors and assistant professors employed in such state college for teachers at the time this act shall take effect. The regents may determine by rule as to whether or not there shall be a director of training or whether special departments shall be established in any of the normal schools. The number of heads of departments and other positions shall be determined by the rules adopted by the board of regents, in accordance with the number of students enrolled and the necessities of the school.

With the approval of the commissioner of education and principal, a teacher may be granted a leave of absence for travel or for study, not to exceed one year in seven at the rate of half pay, provided such teacher agrees to remain in the service of the state not less than two years immediately following the expiration of such leave.

§ 2. This act shall take effect July one, nineteen hundred and In effect twenty-six.

July 1, 1926.

CHAPTER 686

AN ACT to amend the general city law, in relation to the computation of pensions to members of teachers' retirement systems.

Became a law April 22, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

added to

Section 1. Chapter twenty-six of the laws of nineteen hundred § 16b and nine, entitled "An act in relation to cities, constituting chapter L. 1909, twenty-one of the consolidated laws," is hereby amended by ch. 26. inserting therein a new section, to follow section sixteen-a, to be section sixteen-b, to read as follows:

§ 16-b. Computation of pensions in certain retirement funds. Notwithstanding the provisions of any other law, general or special, the members of every teachers' retirement system in all cities of the state shall, when retired pursuant to the law governing such system, receive a pension, if lawfully entitled thereto, based on the average annual compensation earnable as a teacher during the five years immediately preceding the date of his retirement, or the average annual compensation earnable as a teacher during any ten consecutive years of state service, said ten years to be selected by the member prior to date of retirement.

§ 2. All acts or parts of acts inconsistent herewith are hereby Inconsis repealed.

§ 3. This act shall take effect immediately.

ent acts.

Subds. 89a-390

added to L. 1909,

ch. 16,

12.

CHAPTER 687 *

AN ACT to amend the county law, in relation to the method of acquiring

real property for public improvements in a county containing a population

of less than two hundred thousand and adjoining a city containing a population of one million or more.

Became a law June 26, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section twelve of chapter sixteen of the laws of nineteen hundred and nine, entitled "An act in relation to counties, constituting chapter eleven of the consolidated laws," is hereby amended by inserting therein new subdivisions, to be subdivisions thirty-nine-a to thirty-nine-o, inclusive, to read as follows:

39-a. Method of acquiring real property under subdivisions thirty-eight and thirty-nine. Real property which the board of supervisors of a county described in subdivisions thirty-eight and thirty-nine of this section is authorized to acquire, may be acquired pursuant to such subdivisions, or the board of supervisors of such a county, by resolution, may determine that real property for any specific improvement under either of such subdivisions may be . acquired in the manner prescribed by subdivisions thirty-nine-b to thirty-nine-o, inclusive, of this section.

39-b. Preparation and filing of map. The board of supervisors of such a county shall cause to be prepared a map of the proposed improvement distinctly indicating the several parcels to be acquired, the names of the owners if known, and the dimensions and bounds of each of such parcels. Such map shall be filed in the office of the county clerk. Thereupon the board of supervisors shall cause to be published in at least two newspapers published in the county a notice of the filing of such map, and that at a time and place specified in the notice, which time shall be not less than twenty days after the publication of such notice, the board will hold a hearing in respect to such map, at which it will afford a reasonable opportunity to all interested persons to make objection thereto or suggest changes therein. After such hearing the board of supervisors may modify such map and, by resolution, adopt the same with modification or without change. A certified copy of resolution shall be filed forthwith in the office of the county clerk. If modifications have been made in the original map, a new map shall be filed with the certified copy of the resolution.

39-c. Entry on lands for survey purposes. The board of supervisors of such a county, its agents, engineers and surveyors and such other persons as may be necessary to enable it to perform its duties under this act, are hereby authorized to enter upon any real property for the purpose of making surveys, examinations or investigations and of preparing maps and for such other purposes as may be necessary in the performance of its duties under this act.

* Passed at the extraordinary session.

39-d. Application for appointment of commissioners of appraisal. After the filing in the office of the county clerk of the certified copy of the resolution of the board of supervisors adopting the original or modified map, as provided in section five, the county attorney, upon first giving the notice required by the next. section, shall apply to the supreme court in the judicial district in which such county is situated for the appointment of commissioners of appraisal. Upon such application, he shall present to the court a petition, verified by the chairman of the board of supervisors, or other member of the board duly authorized by such board, setting forth the action theretofore taken by such board and the filing of such map or maps, and praying for the appointment of such commissioners of appraisal. Such petition shall contain a general description of the real property to, in or over which any title, interest, or easement is sought to be acquired, and shall particularly describe each parcel by reference to the number of such map or maps, and the title, interest or easement sought to be acquired to, in or over such parcel, whether a fee or otherwise.

39-e. Notice of application. Notice of such application shall be given by the county attorney by publishing the same in two newspapers published in the county, specifying the time and place of such application, briefly describing the improvement, specifying the parcels sought to be taken or affected, by reference to the numbers thereof on such map or maps, and stating that such map or maps have been filed in the office of the county clerk. Such notice shall be published once in each week in each issue of such newspapers for two weeks immediately prior to the application. A copy of such notice shall also be served personally or by mail on each person appearing from the last preceding town assessment roll to be the owner of such a parcel, if the name of such person can be so ascertained and his address be known, but inability to make such service shall not invalidate the proceeding or affect the power of the county to acquire real property pursuant to this act. 39-f. Hearing; order appointing commissioners. At the time and place mentioned in such notice, unless the court shall adjourn such application to a subsequent day and in that event at the time to which the same may be adjourned, the court upon due proof to its satisfaction of the required publication of such notice, shall make an order appointing three disinterested and competent freeholders of the county as commissioners of appraisal to ascertain and appraise the compensation to be made to the owners and all persons interested in the real property sought to be taken as set forth in the petition. Such order shall fix the time and place for the first meeting of the commissioners.

39-g. Oath of commissioners. The commissioners shall take and subscribe the constitutional oath of office and shall forthwith file the same or a certified copy thereof in the office of the county clerk.

39-h. Vesting of title in county. On filing the oath of the commissioners, in the manner provided in the preceding section, the county shall become vested with the title or interest sought to be