TITLE 7 confer the degree of "doctor of dental surgery" upon the joint lege of den- recommendation of the board of professors of said college and of tal surgery three disinterested examiners, to be appointed by the trustees and 'As to Peo ple's college As to the Metropoli college of New York. 八 directors. But no student shall receive a degree unless he is a person of good moral character and has attended two full courses of lectures in some incorporated medical or dental college, and has attended the last of said courses in this college. But four years actual practice as a dental surgeon and attendance upon one course of lectures in this college, shall be deemed equivalent to, and a substitute for attendance upon two courses of lectures. As evidence of conferring the said degree, a diploma shall be prepared, signed by the president and secretary of said board of trustees and directors, and by the professors of said college, and to which shall be affixed the corporate seal of said college. [1852, ch. 261, § 5.] *S 32. The said corporation [of "The People's College"] may grant to students under its charge diplomas and honorary testimonials in such form as it may designate, but such diploma or honorary testimonial shall expressly specify the branches which the student has mastered, and those only. It may also confer such literary honors, degrees and diplomas as are usually conferred by any university, college or seminary of learning in the United States, which diplomas shall entitle the possessors thereof to the immunities and privileges allowed by usage or statute to the pos sessors of like diplomas from any university, college or seminary of learning in the state, provided that no diploma shall be conferred but in conformity with the laws of the state in force at the time of conferring the same. [1853, ch. 193, § 5.'] * $33. The trustees [of the Metropolitan Medical college of the city tan Medical of New York] shall have power to grant and confer the degree of of the city doctor of medicine, upon the recommendation of the board of professors of said college, and upon the recommendation of three censors of the medical society of the state of New York; but no person shall receive a diploma conferring such degree unless the applicant be of the age of twenty-one years, and shall have a good English education, and shall have pursued the study of medical science for at least three years after the age of sixteen, with some licensed physician and surgeon, and shall, also, after that age, have attended two full courses of lectures, one of which course shall have been delivered by the professors of said college. In testimony of conferring the above honor, a diploma shall be provided and signed by the president, secretary and professors of said college, to which shall be affixed the corporate seal of said institution, which said diploma shall have the same force and effect as a license to practice physic and surgery, as are given by law to the license granted by any incorporated medical society or college in this state. [1857, ch. 192, § 5.] As to the New York * § 34. The trustees [of the New York college of Veterinary College of Surgeons] for the time being, shall have power to grant and confer Veterinary the degree of veterinary surgeon upon the recommendation of the board of professors of said college, and upon the recommendation surgeons. 1 Section 5 of an act entitled "An act to incorporate The People's college." of at least three censors, appointed by the veterinary society of the TITLE 7. State of New York; but no person shall receive a diploma confer- Diploma. ring such degree, unless the applicant be of the age of twenty-one years, and shall have a good English education, and shall have pursued the study of veterinary medicine for at least three years after the age of sixteen, with some veterinary surgeon duly licensed ; and shall also, after that age, have attended two complete courses of lectures, delivered in some incorporated veterinary college, one of which courses shall have been delivered by the professors of said college. In testimony of conferring the above honor, a diploma shall be provided and signed by the president and secretary, and by the professors of said veterinary college, to which shall be affixed the corporate seal of said college. [1857, ch. 269, § 5.] sior Medical in the city York. *S35. The trustees [of the Excelsior Medical college in the city Asto Excelof New York], for the time being, shall have the power to grant and college confer the degree of doctor of medicine upon the recommendation of New of at least three curators of the medical profession, appointed by said trustees; but no person shall receive a diploma conferring such degree, unless he shall have attained the age of twenty-one years, and shall have received a good English education, and have pursued the study of medical science for three years after he shall have arrived at the age of eighteen years, with some physician and surgeon duly licensed by law, and shall also, after that age, have attended two full courses of lectures delivered in some incorporated medical college, the last of which courses shall have been delivered by the professors of the college hereby incorporated. In testimony of conferring the above degree, a diploma shall be provided and signed by the president and secretary. [1858, ch. 160, § 4.] American college of medical science. 336. The board of trustees [of the American College of Medi- As to the cal Science], upon satisfactory evidence that a candidate for a degree has passed an approved examination before the board of censors, in accordance with the by-laws of the college, shall have power to grant such honors and degrees, giving such rights and privileges as are usully granted by similar institutions, and in testimony thereof may deliver suitable diplomas. The by-laws shall provide that all examinations for a degree are to be public, and that the votes of the examiner in each candidate's case, together with a minute record of all examinations, shall be inscribed upon a book, which shall at all suitable times be open to the public. [1858, ch. 85, § 4.] doctor of to be con all colleges. ed of appli *S 37. The trustees, for the time being, of every college incor- Degree of porated pursuant to this act shall have power to grant and confer medicine the degree of doctor of medicine upon the recommendation of the ferred by board of professors of said college, and of at least three curators of trustees of the medical profession appointed by said trustees. But no person Qualificashall receive a diploma conferring such degree, unless he be of tions requir good moral character and of the age of twenty-one years, and shall cant. have received a good English education and shall have pursued the study of medicine and the sciences connected therewith for at least three years after the age of sixteen years, and have received instruction from some physician and surgeon, fully qualified to practice VOL. II. 5 TITLE 7 his profession, until he is qualified to enter a medical college, and (except in cases hereafter provided) shall also after that age have attended two complete courses of lectures delivered in some incorporated medical college. [1853, ch. 184, § 11.] Repeal. Any person may prac tice. Liability for dam agos. And impris. onment. No person to act as ma. in 38. The twenty-second section of chapter fourteen, title seven, part first of the Revised Statutes, and all laws of this state which prohibit any person from recovering by suit or action, any debt or demand arising from the practice of physic or surgery, or a compensation for services rendered in attending the sick or in prescribing for the sick, are hereby repealed. [1844, ch. 275, $1.] 39. No person shall be liable to any criminal prosecution or to indictment, for practicing physic and surgery without license, excepting in cases of malpractice, or gross ignorance, or immoral conduct in such practice. [Same ch., §3.] S40. All and every person, not being a licensed physician, who shall practice or attempt to practice physic or surgery, or who shall prescribe for or administer medicines or specifics to or for the sick, shall be liable for damages, in cases of malpractice, as if such person were duly licensed to practice physic or surgery. [Same ch., $ 4.] *S 41. Any person, not being a licensed physician, who shall practice or profess to practice physic or surgery, or shall prescribe medicines or specifics for the sick, and shall, in any court having cognizance thereof, be convicted of gross ignorance, malpractice or immoral conduct, shall be deemed guilty of a misdemeanor, and liable to a fine of not less than fifty dollars, nor not exceeding one thousand dollars, or imprisonment in the county jail not less than one month, nor exceeding twelve months, or both, in the discretion of the court. [Same ch., § 5.] *S42. No person shall be hereafter allowed to commence or apothecary, practice in the city of New York, the business of an apothecary, York with or that of preparing and dispensing medicine, or of preparing or out a diplo- putting up physicians' prescriptions, without having previously obtained the diploma of the college of pharmacy of the city of New York, or unless furnished with a diploma from some other regularly constituted college of pharmacy or medicine, or shall have passed an examination of the censors of the medical society of one of the counties of this state, and have been furnished by such censors with a certificate of his qualifications for the business of an apothecary, which diploma or certificate he shall produce to the secretary of the said college of pharmacy, to be by him registered without charge. [1839, ch. 67, § 1.] Penalty. Saving clause. *S43. Any person offending against the provisions of this law shall be subject to a penalty of fifty-one dollars for each and every offense, which may be recovered with costs in the name of the people of the State of New York, in any civil court of record; and the said fines when collected, after deducting such reasonable counsel fees as the court shall allow, shall be paid by the district attorney to the treasurer of the New York city dispensary for the use of said dispensary. [Same ch., § 2.] S44. This law shall not apply to persons who now carry on said business, nor the preparation and dispensing of medicines by TITLE 7. licensed physicians. [1839, ch. 67, § 3.] cities with tion over liver to pro dissection tain restric 345. It shall be lawful in cities whose population exceeds Lawful in thirty thousand inhabitants, to deliver to the professors and teachers a popolain medical colleges and schools in this state, and for said professors 30,000 to deand teachers to receive the remains or body of any deceased per- fessors, &c., son, for the purposes of medical and surgical study: Provided, that bodies for said remains shall not have been regularly interred, and shall not under cerhave been desired for interment by any relative or friend of said tions. deceased person, within twenty-four hours after death: Provided, also, that the remains of no person who may be known to have relatives or friends, shall be so delivered or received without the consent of said relatives or friends; and provided that the remains of no one detained for debt, or as a witness, or on suspicion of crime, or of any traveler, nor of any person who shall have expressed a desire in his or her last sickness that his or her body may be interred, shall be delivered or received as aforesaid, but shall be buried in the usual manner; and provided, also, that in case the remains of any person so delivered or received shall be subsequently claimed by any surviving relative or friend, they shall be given up to said relative or friend for interment. And it shall be the duty of the said professors and teachers decently to bury in some public cemetery the remains of all bodies after they shall have answered the purposes of study aforesaid; and for any neglect or violation of this provision of this act, the party so neglecting shall forfeit and pay a penalty of not less than twenty-five nor more than fifty dollars, to be sued for by the health officers of said cities or of other places for the benefit of their department. [1854, ch. 123, § 1.] used for only. meanor. $46. The remains or bodies of such persons as may be so Bodies to be received by the professors and teachers as aforesaid, shall be used study, and for the purposes of medical and surgical study alone, and in this in this state state only; and whoever shall use such remains for any other pur- Misdepose, or shall remove such remains beyond the limits of this state, or in any manner traffic in the same, shall be deemed guilty of a misdemeanor, and shall on conviction be imprisoned for a term not exceeding one year in a county jail. [Same ch., § 2.] *3 47. Every person who shall deliver up the remains of any Penalty for deceased person in violation of or contrary to any or all of the wating provisions contained in the first section of this act, and every person who shall receive said remains knowing the same to have been delivered contrary to any of the provisions of said section, shall each and every of them be deemed guilty of a misdemeanor. [Same ch., § 3.] law. *3 48. All laws so far as inconsistent with this act are hereby Repeal. repealed. [Same ch., § 4.] CH. XV. [456] TITLE 1. TITLE 2. TITLE 3. CHAPTER XV. Of Public Instruction. Of the university of this state, and of the foundation and government of colleges, academies, and select schools. Of common schools. Of the duties of the superintendent of common schools in relation to the instruction of the deaf and dumb. TITLE 4. Of the gospel and school lots. [TITLE 6.—Of the care and instruction of idle and truant children.] TITLE I. Of the University of this State, and of the Foundation and Government of ART. 1. Of the organization and powers of the board of regents. ART. 2. Of the powers and duties of the trustees of colleges. ART. 3.-Of the foundation of academies. ART. 4.-Of the powers and duties of trustees of academies. ART. 5.-General provisions applicable to colleges and academies. ART. 6. Of the foundation and government of Lancasterian or select schools. [ART. 8. Of teachers' institutes.] ARTICLE FIRST. Of the Organization and Powers of the Board of Regents. SEC. 1. University instituted: government vested in regents. 2. Name and corporate powers. 3. Number of regents. who members ex officio. 4. How appointed, how removed, 5. Vacancies, how supplied. 6. Officers; who; how chosen; tenure of office. 7. Who to preside; president has casting vote. 8. To be an annual meeting; time and place. 9. Place of other meetings: by whom appointed. 10. Number of regents to constitute a quorum; power to adjourn, &c. 11. How meetings ordered and called. 12. Treasurer to keep account of moneys received and paid. 13. Secretary to keep journal. 14. Regents may have access to, and take copies of papers. 15. Must visit colleges and academies, and report annually. 16. May make by-laws. 17. Grants must be applied to uses for which made. 18. Regents may confer degrees, 19. Their degree of M. D. to give authority to practice physic. 20. May in certain cases supply vacancies in offices of president and principal. 21 & 22. Tenure of office of such person; powers, emoluments, &c. 23. Regents have control of income of literature fund: application thereof. 24 & 25. How distribution thereof to be regulated. 26. Regents must require annual returns from seminaries. 27. How return to be attested; what it must contain. 28. Regents must report annually to the legislature an abstract of returns. 29. Regents to prescribe forms of returns. 30. Their necessary expenses to be paid out of treasury. 31. The comptroller to audit and settle accounts for incidental expenses. 32. Regents to deliver schedule of the distribution of literature fund. 23. Comptroller to draw warrant in favor of each institution. 34. Sums from the literature and deposit funds to be annually paid to academies. 35. $3,000 annually to be assigned for purchase of text books, &c.: $1,500 to continue meteorological observatories. 36. $10.00 per scholar in common school teaching in certain institutions. 37. Treasurer to pay to trustees of academies $10, for pupils, not to exceed twenty. 38. Trustees to furnish regents with evidence that certain requirements have been complied with. 39. Academies having departments for instruction of teachers to report, &c. 40. Regents may require the attendance of witnesses and administer oaths, &c. 41. Repeal of act exempting regents from attending meetings of the board. 42. Applications for charters for colleges and academies, and all charters granted to them by regents to be recorded in office of secretary of regents. 43. Fees of recording how paid: duty of secretary. 44. Certain applications for charters, and charters granted to be transcribed. 45. Copies of records in office of secretary of regents, authenticated, &c.; to be received in evidence in courts of this state. 46. Portion of literature fund to be apportioned to institutions of learning on compliance with conditions. |