L. 1911, ch. 851, § 4.

State college of forestry at Syracuse.

L. 1916, ch. 118. surrogate's court of the counties of New York, Bronx, Kings and Erie, ten cents; and the surrogate may order that the fees for such record copy be paid out of the estate to which the proceeding relates. (Amended by L. 1916, ch. 160, in effect Sept. 1, 1916.)

FIRE-ARMS.

Sale of silencers; Penal L., §§ 1897-a, 1898.

FIRE CORPORATIONS.

Incorporation and powers; Membership Corporations L., §§ 100-105.

FISCAL YEAR.

Change of; State Finance L., § 2.

FOREST PRESERVE.

Bond authorization; see Parks.

FORESTRY.

L. 1911, ch. 851, State College at Syracuse (B. C. & G.'s Consol. L., vol. 7, p. 990). § 4. Powers and duties of board of trustees.-The board of trustees of such college of forestry shall have the general care, supervision and control of such college and of its officers, and to carry out its objects and purposes shall:

1. Employ and at pleasure remove teachers, experts and all necessary clerks and assistants.

2. Adopt rules, not inconsistent with law, controlling the affairs of such college.

3. Prescribe the course of instruction and the methods of investigation and experiments to be followed in such college, and the degree to be conferred on graduation therefrom.

4. Report to the legislature on or before the first day of February a detailed statement of the general operation of such college for the year ending on the thirtieth day of June then next preceding. (Amended by L. 1916, ch. 118, § 30, in effect Apr. 3, 1916.)

FORESTS, FISH AND GAME.

See Conservation Law.

FRAUD.

Obtaining property; Penal L., § 1293-c.

GAME REFUGES.

Reservation for; Conservation L., § 366-a.

GAS.

Price in New York; see New York.

Decisions.

§§ 70, 77, 79, 125.

GENERAL BUSINESS LAW.

(L. 1909, ch. 25.)

§ 70. Licenses; private detectives.

A corporation incorporated for the purpose of conducting a bureau for the collection, transmission, and exchange of information generally, and for the making of statements and adjustments and for the publication of reports, must procure a license under this section. Atty. Genl. Opin., 5 State Dep. Rep. 468 (1915).

§ 77. Registered architects.

The status of persons who were known as architects prior to the enactment of the statute is not interfered with, and they may be continued to be known as architects; but, if they desire, the added appellation of "registered architect," they must apply for certification. Atty. Genl. Opin., State Dep. Rep., Adv. Sheet No. 37, p. 117 (1916).

Persons who were, prior to the statute, practicing as architects and who desire to continue as such, without qualifying as registered architects must, under the provision of this section have resided here or had a place of business here while so practicing. Atty. Genl. Opin., State Dep. Rep., Adv. Sheet No. 37, p. 117 (1916). $ 79. Qualifications; examinations; fees.

The time limitations contained in subdivision 3, are not restrictions on subdivisions 1 and 2. Atty. Genl. Opin., State Dep. Rep., Adv. Sheet No. 37, p. 117 (1916). The requirement of actual, continuous and exclusive service must be construed in the light of the actual practice of a profession and in favor of the applicant who should not be excluded from admission if the canons of good faith and conduct are satisfied. Atty. Genl. Opin., State Dep. Rep., Adv. Sheet No. 37, p. 117 (1916).

A non-resident may present proof of educational and experience qualifications gained outside of the State, for admission to examination under the statute, or he may make application for exemption from examination under subdivisions 1 and 2 like any resident, but the applicant must be a United States citizen or have declared his intention, and the educational qualifications must have been gained in schools recognized by the administrative officers. Atty. Genl. Opin., State Dep. Rep. Adv. Sheet No. 37, p. 117 (1916).

The board has no power to exclude United States citizens from other states and foreign countries from participating in the benefits of the exemptions under subdivisions 1 and 3. Atty. Genl. Opin., State Dep. Rep., Adv. Sheet No. 37, p. 117 (1916).

§ 125. Rights of persons to whom a warehouse receipt has been negotiated.

When transfer of negotiable receipt operates as transfer of right of possession as well as title of goods described in receipt. Under the statute, a warehouseman who issues a negotiable receipt for goods, delivered to him for storage, agrees in advance to hold the goods for the account of any person to whom the receipt is negotiated, and by the very act of negotiation loses his position as bailee for the vendor and is transformed, without further assent, into a bailee for the vendee. The moment that a receipt, negotiable in form, is indorsed and delivered, a new

§§ 133, 183.

Theatrical employment; contracts.

L. 1916, ch. 587. relation of bailor and bailee springs into being, and with the birth of that relation the possession, once held by the bailee for the account of the vendor, is transmuted into a possession for the account of the vendee. The result is a real delivery to the same extent as if the goods had been transported to another warehouse named by the vendee, and with this transmutation of possession the vendor's lien is at an end. Rummell v. Blanchard (1915), 216 N. Y. 348.

When action of replevin cannot be maintained against warehouseman for goods transferred to third party by indorsement and delivery of negotiable receipt.— Plaintiffs sold goods, stored in a warehouse, for which they held warehouse receipts, issued in their name, and negotiable in form. These receipts the plaintiffs indorsed and transferred to the purchasers of the goods. Thereafter one of the purchasers tendered the receipts to the warehouseman and requested that new receipts be issued. This was refused because the charges of the warehouseman were not paid. A few days later the purchasers became bankrupt. The goods have never been paid for, and the plaintiffs, on learning that the buyers were insolvent, paid the warehouse charges and demanded delivery. This demand was refused; an action of replevin followed, and thereafter the trustees in bankruptcy of the buyers were substituted as defendants. It was held, that by their transfer of the negotiable warehouse receipts to the purchasers, the plaintiffs lost their lien as vendors and, hence, cannot maintain an action of replevin therefor. Rummell v. Blanchard (1915), 216 N. Y. 348.

§ 133. Negotiation defeats vendor's lien.

Merchandise is not in transit unless it has been delivered to a bailee for the purpose of transportation. Rummell v. Blanchard (1915), 216 N. Y. 348, affg. 167 App. Div. 654, 153 N. Y. Supp. 159.

§ 183. Theatrical employment; contracts.-Every licensed person who shall procure for or offer to an applicant a theatrical engagement shall have executed in duplicate a contract or deliver to the parties as herein set forth a statement containing the name and address of the applicant; the name * address of the employer of the applicant and of the person acting for such employer in employing such applicant; the time and duration of such engagement; the amount to be paid to such applicant; the character of entertainment to be given or services to be rendered; the number of performances per day or per week that are to be given by said applicant; if a vaudeville engagement, the name of the person by whom the transportation is to be paid, and if by the applicant, either the cost of transportation between the places where said entertainment or services are to be given or rendered, or the average cost of transportation between the places where such services are to be given or rendered; and if a dramatic engagement the cost of transportation to the place where the services begin if paid by the applicant; and the gross commission or fees to be paid by said applicant and to whom. Such contracts or statements shall contain no other conditions and provisions except such as are equitable between the parties thereto and do not constitute an unreasonable restriction of business. Forms of such contract and statement in blank shall be first approved by the mayor or commissioner of licenses and his determina

* Omission in original.

L. 1916, ch. 185.

Miniature cinematograph machines.

§§ 185, 214, 360a.

tion shall be reviewable by certiorari. One of such duplicate contracts or of such statements shall be delivered to the person engaging the applicant and the other shall be retained by the applicant. The licensed person procuring such engagement for such applicant shall keep on file or enter in a book provided for that purpose a copy of such contract or statement. (Added by L. 1910, ch. 700, and amended by L. 1916, ch. 587, in effect May 18, 1916.)

§ 185. Fees charged by persons conducting employment agencies.-Subd. 3 amended by L. 1916, ch. 587, in effect May 18, 1916, as follows:

3. A licensed person conducting any employment agency under this article shall not receive or accept any valuable thing or gift as a fee or in lieu thereof. No such licensed person shall divide or share, either directly or indirectly, the fees herein allowed, with contractors, subcontractors, employers or their agents, foremen or any one in their employ, or if the contractors, subcontractors or employers be a corporation, any of the officers, directors or employees of the same to whom applicants for employment or theatrical engagements are sent except fees paid for theatrical engagements where the applicant has received his salary in full less such fees and the division of such fees can be made without injury or loss to him. (Section added by L. 1910, ch. 700, and subd. amended by L. 1916, ch. 587, in effect May 18, 1916.)

8 214. Exemption and requirements for miniature cinematograph machines. The above sections, two hundred and nine, two hundred and ten, two hundred and eleven, two hundred and twelve and two hundred and thirteen, referring to permanent and portable booths, shall not apply (a) to any miniature motion picture machine in which the maximum electric current used for the light shall be three hundred and fifty watts. Such miniature machine shall be operated in an approved box of fireproof material constructed with a fusible link or other approved releasing device to close instantaneously and completely in case of combustion within the box. The light in said miniature machine shall be completely inclosed in a metal lantern box covered with an unremovable roof. (b) To the use

or

operation of any so-called miniature motion picture apparatus which uses only an enclosed incandescent electric lamp and approved acetate of cellulose or slow burning films, and is of such construction that films ordinarily used on full-sized commercial picture apparatus cannot be used therewith. (Added by L. 1913, ch. 308, and amended by L. 1916, ch. 185, in effect Apr. 11, 1916.)

§ 360-a. Definition. The term "syphon," as used in this article, shall mean and include a syphon head, and all the provisions of this article shall apply to a syphon head, although the same may be detached from the bottle, in the same manner and with the same effect as if not so detached. (Added by L. 1916, ch. 389, in effect May 2, 1916.)

Refilling bottles bearing trade-mark; action to recover penalty; pleading.-In an action to recover a penalty for the violation prescribed by this section for filling any bottle of the kind described therein with, or selling or offering to sell therefrom, any article or substance other than the original contents, the complaint need not allege a publication of the description, specimen or facsimile of the trade-mark or label or other private mark as provided in said section. Jameson & Son v. Reilly (1915), 90 Misc. 318, 153 N. Y. Supp. 225.

§ 371. Usury forbidden.

Device to conceal usury.-See Grannis v. Stevens (1916), 216 N. Y. 583, affg. 157 App. Div. 561.

Usurious transfer of interest in vested remainder to secure loan. Hartley v. Eagle Insurance Co. (1915), 167 App. Div. 230, 152 N. Y. Supp. 686.

Usurious contract.-An owner of real property, in order to prevent the foreclosure of a second mortgage thereon, procured a broker to sell another second mortgage to be executed at a discount of ten per cent. The broker and the attorney for the holder of the mortgage, which was about to be foreclosed, procured the execution of the new mortgage by the owner and his wife to a stenographer in the office of the attorney, who acted as a mere dummy, and within an hour or two assigned the same to a purchaser procured by the broker, who was not a party to the scheme, and who purchased the bond and mortgage in good faith, relying upon the representations of the broker, and paid the amount thereof less ten per cent. The mortgagor executed an estoppel certificate, certifying to the validity of the mortgage. In an action against the mortgagor and his wife for the foreclosure of the mortgage, they pleaded usury. Held, that the transaction constituted an attempt to evade the Usury Law; that there was not an actual bona fide contract between the mortgagor and mortgagee, and that the plaintiff is only entitled to recover the consideration actually paid by him. Schanz v. Sotscheck, (1915), 167 App. Div. 202, 152 N. Y. Supp. 851.

It seems, that after a note, bond or other obligation has had a valid inception it may be sold at any discount the parties agree upon, without violating the statute against usury, which operates only on the contract by which the instrument has its inception. Schanz v. Sotscheck (1915), 167 App. Div. 202, 152 N. Y. Supp. 851.