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of state police to said district, town or village upon the following terms and conditions: The superintendent of state police shall detail such number of state policemen as shall be agreed upon to such district, town or village for a period of one year, such detail to have not more than one corporal to six troopers, not more than one sergeant to twelve troopers, and not more than one lieutenant to twenty-four troopers; the pay, maintenance and other expenses of such detail for a period of one year shall be computed by the superintendent of state police with the approval of the state comptroller pro rata upon the total cost of the pay, maintenance and similar expenses of the whole department; before such contract shall take effect the governing board of said district, town or village shall deposit to the credit of the division of state police in a depository to be designated by the state comptroller with proper sureties, one-half the sum of money so computed and upon the first day of the sixth month during the continuance of said contract shall likewise deposit the remainder of said sum; the superintendent of state police, upon audit of the comptroller, shall draw upon said depository for the pay, maintenance and other expenses of said detail when due; said detail shall have all the powers and duties and shall remain at all times under the authority and discipline of the superintendent of state police as provided for state police assigned to regular duty under this article.

The superintendent of state police is authorized to appoint temporarily to the regular force provided for in this article, troopers, non-commissioned officers and officers to fill the places of those detailed under such agreements. In police districts the money to be deposited as required hereunder shall be provided for as authorized under article fourteen-a of the town law as added in nineteen hundred and twenty; if such contract shall be made after the adoption of the annual estimate, money may be provided under the provisions of section three hundred and nineteen-f of the town law as added in nineteen hundred and twenty-one; in towns and villages the money so deposited shall be raised by taxation, or if said contract is made after the making of the annual estimate or the making of the budget, the town board or village board, respectively, shall have power to borrow money for such purpose until the adoption of the next annual estimate or budget; the town board or village board may provide for the issuance of certificates of indebtedness or revenue bonds for such purpose; such certificates or bonds, together with the interest thereon to date of maturity, shall be paid out of moneys received on account of taxes and revenues applicable to such purposes and in no case shall be made to run more than sixteen months.

§ 6. Section ninety-nine-a of such chapter, as added by chapter 99a four hundred and seven of the laws of nineteen hundred and amended, twenty-three, is hereby amended to read as follows:

§ 99-a. Death or disability benefits.

The following benefits

shall be paid by the state on account of death or disability of a member of the division of state police:

1. To the widow, until she be married again, or the dependent minor children or the dependent mother of every member of the

L. 1926, ch. 343, § 57 amended.

L. 1909, ch. 25,

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division of state police whose death has been heretofore caused or shall hereafter be caused by injury or disease contracted in the performance of duty there shall be paid annually as long as such dependency continues upon certification of a board consisting of the superintendent of state police, the attorney-general and the state comptroller, one-half the salary including maintenance allowance, received by him at the time of his death.

2. To every person now a member or who shall hereafter become a member of the division of state police, who is now or who shall hereafter become physically or mentally unable to perform his regular duties in a manner satisfactory to the superintendent of the division of state police there shall be paid during the period of such disability an amount of not less than one-third nor more than onehalf of his salary including maintenance allowance, which amount within such limits shall be determined by a board consisting of the superintendent of state police, the attorney-general and the state comptroller.

§ 7. Section fifty-seven of chapter three hundred and fortythree of the laws of nineteen hundred and twenty-six, entitled “An act providing for the civil departments in the state government, pursuant to article five of the constitution, constituting chapter seventy-eight of the consolidated laws," as added by chapter five hundred and forty-six of the laws of nineteen hundred and twentysix, is hereby amended to read as follows:

§ 57. Division of state police. The head of the division of state police shall be the superintendent of state police. § 8. This act shall take effect immediately.

CHAPTER 79.

AN ACT to amend the general business law, to conform to the state departments law the provisions relating to private detectives 1.

Became a law March 3, 1927, 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. Article seven of chapter twenty-five of the laws of art. 7 nineteen hundred and nine, entitled "An act relating to general 187973, business, constituting chapter twenty of the consolidated laws,” as amended, is hereby amended to read as follows:

73a-73c,

74, 74a,

74b, 75, 76) amended.

Section 70. Licenses.

ARTICLE 7

PRIVATE DETECTIVES

71. Application for licenses.

72. Examination of witnesses by secretary of state.
73. Issuance of licenses; fee; bond.

1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made.

73-a. Posting license certificate.
73-b. Certificate lost or destroyed.

73-c. Removal of bureau, agency or office.
74. License certificates, shields or badges.
74-a. Employees.

74-b. Employees not to divulge information.
75. Application of article; violations.

76. Department of state to employ agents.

§ 70.2 Licenses. No person, firm, company, partnership or corporation shall engage in the business of private detective or investigator for hire or reward, or advertise his or their business to be that of detective or of a detective agency, without having first obtained from the department of state a license so to do, as hereinafter provided, and no person, firm, company, partnership or corporation shall engage in the business of furnishing or supplying for hire and reward information as to the personal character of any person or firm or as to the character or kind of the business and occupation of any person, firm, company or corporation, or own or conduct or maintain a bureau or agency for the above mentioned purposes, except as to the financial rating of persons, firms, companies or corporations, without having first obtained from the department of state, as hereinafter provided, a license so to do for each such bureau or agency and for each and every subagency, office and branch office to be owned, conducted, managed or maintained by such person, firm, company, partnership or corporation for the conduct of such business.

§ 71.3 Application for licenses. Any person, firm, partnership, company or corporation intending to conduct the business of detective or detective agency and any person, firm, partnership, company or corporation intending to conduct the business of furnishing or supplying information as to the personal character of any person or firm, or as to the character or kind of the business and occupation of any person, firm or corporation, or intending to own, conduct, manage or maintain a bureau or agency for the above mentioned purposes, except as to the financial rating of persons, firms or corporations, shall, for each such bureau or agency and for each and every subagency, office and branch office to be owned, conducted, managed or maintained by such person, firm, partnership or corporation for the conduct of such business, file in the office of the department of state a written application, duly signed and verified, as follows:

1. If the applicant is a person, the application shall be signed and verified by such person, and if the applicant is a firm or partnership the application shall be signed and verified by each individual composing or intending to compose such firm or partnership. The application shall state the full name, age, residence, present and previous occupations of each person or individual so

Section 70 previously amended by L. 1909, ch. 529; L. 1910, ch. 515; L. 1921, ch. 680.

3 Section 71 previously amended by L. 1909, ch. 529; L. 1910, ch. 515; L. 1921, ch. 680.

signing the same, that he is a citizen of the United States and shall also specify the name of the city, town or village, stating the street and number, if the premises have a street and number, and otherwise such apt description as will reasonably indicate the location thereof, where is to be located the principal place of business and the bureau, agency, subagency, office or branch office for which the license is desired, and such further facts as may be required by the department of state to show the good character, competency and integrity of each person or individual so signing such application. Every such applicant shall establish to the satisfaction of the secretary of state and by at least two duly acknowledged certificates, that such applicant, if he be a person, or, in the case of a firm, company, partnership or corporation, at least one member of such firm, partnership, company or corporation, has been regularly employed as a detective or shall have been a member of the United States government secret service, a sheriff or member of a city police department of a rank or grade higher than that of patrolman, for a period of not less than three years. Such application shall be approved, as to each person or individual so signing the same, by not less than five reputable citizens, where such person or individual resides or where it is proposed to own, conduct, manage or maintain the bureau, agency, subagency, office or branch office for which the license is desired, each of whom shall certify that he has personally known the said person or individual for a period of at least five years prior to the filing of such application, that he has read such application and believes each of the statements made therein to be true, that such person is honest, of good character and competent, and not related or connected to the person so certifying by blood or marriage. The certificate of approval shall be signed by such reputable citizens and duly verified and acknowledged by them before an officer authorized to take oaths and acknowledgment of deeds. All provisions of this section, applying to corporations, shall also apply to joint-stock associations, except that each such joint-stock association shall file a duly certified copy of its certificate of organization in the place of the certified copy of its certificate of incorporation hereinbefore required.

2. If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, and the name of the city, town or village, stating the street and number, if the premises have a street and number, and otherwise such apt description as will reasonably indicate the location thereof, where is to be located the bureau, agency, subagency, office or branch office for which the license is desired, the amount of the corporation's outstanding paid up capital stock and whether paid in cash or property, and, if in property, the nature of the same, and shall be accompanied by a duly certified copy of its certificate of incorporation. Each and every requirement of subdivision one of this section as to a person or individual member of a firm or partnership shall apply to the president, secretary and treasurer and each such officer, his suc

cessor and successors shall prior to entering upon the discharge of his duties sign and verify a like statement, approved in like manner, as is by said subdivision one prescribed in the case of a person or individual member of a firm or partnership; and in the event of the death, resignation or removal of such officer due notice of that fact shall forthwith be given in writing to the said department.

§ 72. Examination of witnesses by secretary of state. For the purpose of investigating the character, competency and integrity of the applicants or licensees hereunder, or of the officers or agents thereof, the secretary of state shall have the power to issue subpoenas and compel the attendance of witnesses. All such subpoenas shall be issued under the hand of the secretary of state or one of his deputies and the seal of the department of state, and upon service thereof, the witness shall be tendered the fees to which he would be entitled were he subpoenaed in a court of record. If a person, duly subpoenaed, shall fail to obey such subpoena without reasonable cause or shall without such cause refuse to be examined or to answer any legal or pertinent question as to the character or qualification of such applicant or licensee, he shall be guilty of a misdemeanor. The testimony of witnesses in any such proceeding shall be under oath, which the secretary of state or one of his deputies, or a subordinate of the department of state designated by the secretary of state, may administer, and wilful false swearing in any such proceeding shall be perjury.

§ 73.5 Issuance of licenses; fee; bond. When the application shall have been examined and such further inquiry and investigation made as the secretary of state shall deem proper, and when the secretary of state shall be satisfied therefrom of the good character, competency and integrity of such applicant, or, if the applicant be a firm, partnership or corporation, of the individual members or officers thereof, the department of state shall issue and deliver to such applicant a certificate of license to conduct such business and to own, conduct or maintain a bureau, agency, subagency, office or branch office for the conduct of such business on the premises stated in such application, upon the applicant's paying to the department of state for each such certificate of license so issued, for the use of the state, a license fee of two hundred dollars, if a person, or of three hundred dollars if a firm, partnership or corporation, and upon the applicant's executing, delivering and filing in the office of such department, a bond in the sum of two thousand dollars if a person, or of three thousand dollars if a firm, partnership or corporation, conditioned for the faithful and honest conduct of such business by such applicant, which bond as to its form, manner of execution and kind and sufficiency of the surety thereon, must be approved by such department. The license granted pursuant to this article shall last for a period of two years, but shall be revocable at all times by the department of state for cause shown; and in the event of such revocation or of a surrender of such license no

4 Section 72 previously amended by L. 1909, ch. 529; L. 1910, ch. 515. Section 73 previously amended by L. 1909, ch. 529; L. 1910, ch. 515; L. 1921, ch. 680.

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