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cation, to co-operate with such agency as the federal government shall designate to carry out the purposes of such law;

3 Appoints the state treasurer as custodian of all money given to the state by the United States under the authority of such law, and such money shall be paid out in the manner provided by such act for the purposes therein specified;

4 Authorizes the board of regents of the university as the state board for vocational education and the industrial commission to formulate a plan of co-operation in accordance with this act, which shall be effective when approved by the governor of the state. [Added by L. 1920, ch. 760, in effect May 13, 1920. The sum of $75,000 was appropriated by the legislature to carry out the provisions of this article.]

ARTICLE 48

[Former article 46 (§§ 1190-92) was renumbered article 47 (§§ 1200-2), by L. 1913, chs. 424 and 676; and again renumbered article 48 (§§ 1250-1252), by L. 1920, ch. 760.]

Laws Repealed; Saving Clause; When to Take Effect

Section 1250 Laws repealed

1251 Saving clause

1252 When to take effect

§ 1250 Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. [Section renumbered by L. 1913, ch. 424, also erroneously renumbered by L. 1913, ch. 676.]

§ 1251 Saving clause. Nothing herein contained shall be construed to impair or in any manner affect or change any special law touching the schools or school system of any city or incorporated village unless the same is so stated. [Section renumbered by L. 1913, ch. 424, also erroneously renumbered by L. 1913, ch. 676.]

§ 1252 When to take effect. This chapter shall take effect immediately. [Section renumbered by L. 1913, ch. 424, also erroneously renumbered by L. 1913, ch. 676.]

[Schedule of laws repealed omitted.]

APPENDIX

PENAL PROVISIONS RELATING TO
SCHOOLS AND SCHOOL OFFICERS

Penal Law (L. 1909, ch. 88)

§ 246 Use of force not unlawful in certain cases. To use or attempt, or offer to use, force or violence upon or toward the person of another is not unlawful in the following

cases:

4 When committed by a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar, and the force or violence used is reasonable in manner and moderate in degree.

§ 405 Unlawfully entering building. A person who, under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor.

§ 889 Forgery in third degree. A person who, with intent to defraud or to conceal any larceny or misappropriation by any person of any money or property:

1 Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a corporation, association, public office or officer, partnership, or individual; or,

2 Makes a false entry in any such account or book of accounts; or,

3 Wilfully omits to make true entry of any material particular in any such account or book of accounts, made, written, or kept by him or under his direction,

Is guilty of forgery in the third degree.

§ 1470 Disturbing lawful meetings. A person, who, without authority of law, wilfully disturbs any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor.

§ 1824 Attempting to prevent officers from performing duty. A person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor.

§ 1825 Resisting officer. A person who knowingly resists by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor.

§ 1836 Officer refusing to surrender to successor. A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or papers appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor.

§ 1837 Administrative officers. The various provisions of the preceding sections of this article which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive officers were both mentioned.

§ 1838 Injury to records and misappropriation by ministerial officers. A sheriff, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate of any ministerial officer, who:

1 Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office; or,

2 Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property intrusted to him in virtue of his office,

Is guilty of felony.

§ 1841 Provision as to neglect of duty. A public officer, or person holding a public trust or employment, upon whom any duty is enjoined by law, who wilfully neglects to perform the duty, is guilty of a misdemeanor. This and section 1840 do not apply to cases of official acts or omissions the prevention or punishment of which is otherwise specially provided by statute.

§ 1865 Misappropriation and falsification of accounts by public officers. A public officer, or deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the people of this State, or of any department of the government of this State, or of any bureau or fund created by law, and in which the people of this State are directly or indirectly interested, or for or on account of any city, county, village or town, who:

1 Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise; or,

2 Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him, or,

3 Fraudulently alters, falsifies, conceals, destroys or obliterates any such account; or,

4 Wilfully omits or refuses to pay over to the people of this State or their officer or agent authorized by law to receive the same, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officer, when it is his duty imposed by law to pay over, or account for, the same,

Is guilty of a felony.

An

§ 1866 Violations of law by public officers. officer or other person mentioned in the last section who wilfully disobeys any provision of law regulating his official conduct, in cases other than those specified in that section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding two years, or both.

§ 1868 Officials not to be interested in sales, leases or contracts. A public officer or school officer who is authorized to sell or lease any property, or to make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily becomes interested individually in such sale, lease or contract, directly or indirectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or approval by the Commissioner of Education, is guilty of a misdemeanor.

§ 1871 School district trustee not to draw draft on supervisor in certain cases. A school district trustee who issues an order or draws a draft on a supervisor or collector for any money, unless there is at the time sufficient money in the hands of such supervisor or collector belonging to the district to meet such order or draft, is guilty of a misdemeanor.

§ 2050 Injury to public record. A person who, wilfully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both.

§ 2321 Making false statement in reference to taxes. A person, who, in making any statement, oral or written, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, wilfully makes, as to any material matter, any statement which he knows to be false, is guilty of a misdemeanor.

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