Source. General business law, 81. Source.General business law. § 82. Source. New. Source.General business law. $ 85. Source.General business law. § 86. other person shall assume such title, or use the abbreviation C. P. A. or any other words, letters or figures to indicate that the person using the same is such certified public accountant. Any citizen of the United States who has practiced three years as a certified public accountant in another state, under a license or a certificate of his qualifications to so practice, issued by the proper authorities of such state, may, upon payment of the regular fee in the discre tion of the department, receive a certificate to practice as a certified public accountant without an examination. But he must possess the qualifications required by the rules of the department and must furnish satisfactory evidence of character and qualifications. § 1491. Department to make rules. The department shall make rules for the examination of persons applying for certificates under this article, and may appoint a board of three examiners for the purpose, which board shall be composed of certified public accountants. The department shall charge for examination and certificate such fee as may be necessary to meet the actual expenses of such examinations, and it shall report, annually, its receipts and expenses under the provisions of this article to the state comptroller, and pay the balance of receipts over expenditures into the state treasury. The department may revoke any such certificate for sufficient cause after written notice to the holder thereof and a hearing thereon. § 1492. Misdemeanor. Any violation of this article shall be a midemeanor. § 1493. Department supervision. The provisions of this article shall be administered subject to section fifty-one of this chapter. ARTICLE 58 CERTIFIED SHORTHAND REPORTERS Section 1500. Certified shorthand reporter; defined. 1501. Qualifications. 1502. Idem; examination and certification; revocation. 1503. Exceptions. 1504. Violations. 1505. Department supervision. § 1500. Certified shorthand reporter; defined. A certified shorthand reporter is one who has been adjudged competent to report court proceedings, references, commissions, conventions, deliberative assemblies or meet ngs of like character. As used in this article "department" means the education department of the state of New York and "regents" means the board of regents. § 1501. Qualifications. Any citizen of the United States or person who has duly declared his intention of becoming such citizen, residing or having a place for the regular transaction of business in this state, being over the age of twenty-one years, and of good moral character, and who shall have received from the department a certificate of his qualifications to practice as a public shorthand reporter as hereinafter provided, shall be styled and known as a certified shorthand reporter, and no other person shall assume such title or use the abbreviation C. S. R., or any words, letters or figures to indicate that the person using the same is such certified shorthand reporter. Source.- law, § 1502. Idem; examination and certification; revocation. The General regents shall appoint a board of three examiners, which board business shall be composed of certified shorthand reporters. The term of 87. office of the members of such board of examiners shall be three years. The regents shall fill any vacancies which may occur in such board. Said board of examiners shall, subject to the approval of the department, make such rules and regulations, not inconsistent with the law, as may be necessary for the proper performance of its duties. Any member of the board may, upon being duly designated by the board, or a majority thereof, administer oaths or take testimony concerning any matter within the jurisdiction of the board. The department shall charge for examination and certificates such fee as may be necessary to meet the actual expenses of such examinations, and shall report annually its receipts and expenses under the provisions of this article to the state comptroller, and pay the balance of the receipts over expenditures into the state treasury. The department may revoke any such certificate for sufficient cause after written notice to the holder thereof, and a hearing thereon. General § 88. § 1503. Exceptions. Any person who shall submit to said Source.board of examiners satisfactory proof as to his character, com- business petency and qualifications, and that he has been actively engaged law, in the practice of shorthand reporting for more than three years before the enactment of this article as hereby amended, or who is at the time this article, as amended, takes effect a shorthand reporter duly appointed as an official in any court of this state, and who shall apply for such certificate on or before January first, nineteen hundred and fourteen, may, upon the recommendation of said board of examiners, receive from the department a certificate of exemption from such examination, which certificate shall be registered and entitle him to practice as a certified shorthand reporter under this article. § 1504. Violations. General business $89a. ($$ 1250 Any violation of the provisions of this Source.article shall be a misdemeanor. § 1505. Department supervision. The provisions of this article a shall be administered subject to section fifty-one of this chapter. Source.§ 2. Article forty-eight of such chapter, as thus renumbered New. by chapter seven hundred and sixty of the laws of nineteen hun- Art. 48 dred and twenty,' is hereby renumbered article seventy and sections 1252) twelve hundred and fifty, twelve hundred and fifty-one and twelve art. 70 hundred and fifty-two of such chapter, as thus renumbered by $ 1600chapter seven hundred and sixty of the laws of nineteen hundred and twenty, are hereby renumbered sections sixteen hundred, sixteen hundred and one and sixteen hundred and two, respectively. * Original art. 46 renumbered art. 47 by L. 1913, chs. 424, 676. ♦ Original §§ 1190–1192 renumbered by L. 1913, ch. 424. renumbered 1602). L. 1909, § 3. Articles eight, nine, ten, eleven, twelve, thirteen and fifteen arts. 8-13, of the public health law, relating to the practice of medicine, ch. 49, 15 repealed. L. 1909, ch. 25, arts. 4a, 78, 8, Sa repealed. Saving clause. 37a added to L. 1909, cb. 370. dentistry, veterinary medicine and surgery, pharmacy, nursing and trained attendance, chiropody and optometry, as amended, and articles four-a, seven-a, eight and eight-a of the general business law, relating to engineers and surveyors, registered architects, public accountants and certified shorthand reporters, as amended, are hereby repealed. § 4. The repeal of articles eight, nine, ten, eleven, twelve, thirteen and fifteen of the public health law and articles four-a, seven-a, eight and eight-a of the general business law and the enactment of the provisions of such articles in the education law by this act shall not operate to create the boards provided in such articles with new authority, but shall be deemed and held to constitute a continuance thereof. 5. This act shall take effect immediately. CHAPTER 86 AN ACT to amend chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to establish the city court of Buffalo, defining its powers and jurisdiction and providing for its officers," in relation to summary judgment Became a law March 7, 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. Chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to establish the city court of Buffalo, defining its powers and jurisdiction and providing for its officers," is hereby amended by adding a new section, to be section thirty-seven-a, to read as follows: § 37-a. Summary judgment. When an answer is served in an action to recover a debt or liquidated demand arising, 1. On a contract, express or implied, sealed or not sealed; or 2. On a judgment for a stated sum; the answer may be struck out and judgment entered thereon on motion, and the affidavit of the plaintiff or of any other person having knowledge of the facts, verifying the cause of action and stating the amount claimed, and his belief that there is no defense to the action; unless the defendant by affidavit, or other proof, shall show such facts as may be deemed, by the judge hearing the motion, sufficient to entitle him to defend. § 2. This act shall take effect immediately. CHAPTER 87 AN ACT to amend the state finance law and the state departments law, in relation to purchases by or for state departments, and to standards of purchases 1 Became a law March 7, 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: ch. 58, amended. Section 1. The title of article seven of chapter fifty-eight of the L. 1909, laws of nineteen hundred and nine, entitled "An act in relation art. 7, to state finance, constituting chapter fifty-six of the consolidated title laws," as added by chapter one hundred and twenty-eight of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows: PURCHASES AND STANDARDS OF PURCHASE § 2. Section one hundred and ten, one hundred and eleven, # 110-116 one hundred and twelve, one hundred and thirteen, one hundred repealed. and fourteen, one hundred and fifteen and one hundred and sixteen of such chapter, as added by chapter one hundred and twenty-eight of the laws of nineteen hundred and twenty-two, are hereby repealed; but unless and until otherwise provided by law, powers and duties, if any, conferred or imposed in terms on the fiscal supervisor of state charities, by existing law, and transferred by section one hundred and fourteen of such chapter to the superintendent of purchase, whose powers and duties were transferred by the state departments law to the executive department, shall continue to be powers and duties of such department, to be exercised therein through the division of standards and purchase, notwithstanding such repeal; nor shall such repeal affect the status of officers or employees as members of retirement or pension systems as provided in section one hundred and fifteen of such chapter. 110 § 3. Such chapter is hereby amended by inserting therein, in New article seven thereof, a new section, to be section one hundred and added. ten to read as follows: § 110. Functions under this article, how exercised. Functions, powers and duties of the superintendent of standards and purchase, under this article, shall belong to the executive department and be exercised and performed therein by him through the division of standards and purchase. 117 re numbered 111, and § 4. Section one hundred and seventeen of such chapter, as added by chapter one hundred and twenty-eight of the laws of nineteen hundred and twenty-two, is hereby renumbered section amended. one hundred and eleven and amended to read as follows: 1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made. § 117a renumbered § 111. General powers of superintendent of standards and purchase. In the manner provided by this article and the rules adopted pursuant thereto the superintendent of standards and purchase shall have jurisdiction and control of the purchase of materials, equipment and supplies required by or for the state or any state department or institution, except those required by the legislature, or either house thereof, or a legislative commission or committee; and all provisions of statute authorizing or directing the purchase of any materials, equipment or supplies by any state department, board, commission, office or institution, or prescribing the manner of such purchase, are hereby repealed. Except as provided in this article, any or all materials, equipment and supplies needed by or for one or more departments or institutions of the state may be directly purchased or contracted for by the superintendent of standards and purchase, as may be determined, from time to time, by rules adopted pursuant to this article; and materials, equipment and supplies, so required, shall be so directly purchased or contracted for by such superintendent except in cases where, by rule or order, he authorizes the purchase of such materials directly by the department or institution requiring them. § 5. Section one hundred and seventeen-a of such chapter, as $112, and added by chapter two hundred and sixty-eight of the laws of nineteen hundred and twenty-four, is hereby renumbered section one hundred and twelve and amended to read as follows: amended. 、 § 112. Superintendent of standards and purchase to market prison made goods. The superintendent of standards and purchase shall have charge of the sale, distribution and marketing of prison made goods. He shall, from time to time, make a survey and study of the market for such goods, conferring from time to time for the purpose of making recommendations, with the division of prison industries, department of correction, and parole board. He may visit and solicit from municipalities, political subdivisions and institutions of the state now authorized by law to give a preference to prison made goods, orders for goods likely to be purchased by such municipalities, subdivisions or institutions and which can be manufactured and made in the state prisons. All orders so received shall be transmitted by such superintendent to the department of correction. The superintendent of standards and purchase may designate one of his deputies to exercise and perform, subject to the supervision, direction and control of the superintendent, the powers and duties prescribed by this section. § 6. Section one hundred and eighteen of such chapter, as $113, and added by chapter one hundred and twenty-eight of the laws of nineteen hundred and twenty-two, is hereby renumbered section one hundred and thirteen and amended to read as follows:: § 118 renumbered amended. § 113. Rules. The superintendent of standards and purchase, with the approval of the governor, shall establish, and may from time to time amend or repeal, with like approval, rules 1. Prescribing the conditions under which and manner in which materials, equipment and supplies shall be purchased by or furnished to the various state departments and institutions; |